Agenda Item 9a REPORTS FOR DEBATE
Eden District Council Planning Committee Agenda Committee Date: 20 June 2013 INDEX
Item Officer Page Application Details No Recommendation Number
1 Planning Application No: 12/0979 Recommended to: 3 Outline Application for Residential Development APPROVE Former Mill Site and Land North of Burthwaite Road, Subject to Conditions Calthwaite For J Harris 2 Planning Application No: 12/1008 Recommended to: 18 Change of use to Camping Pod Site APPROVE Redhills, Penrith Subject to Conditions For Mr D Heritage 3 Planning Application No: 13/0128 Recommended to: 28 Proposed Erection of Detached Building for Use as Residential Care Home with Associated Garden and APPROVE Car Parking Area Subject to Conditions Barrock Court, Barrock Park, Southwaite For Barrock Court Care Homes Limited 4 Planning Application No: 13/0132 Recommended to: 39 Use of land for the siting of a mobile home for an agricultural worker APPROVE Subject to Conditions Highfield Farm, Blencarn, Penrith For Mr S Wales 5 Planning Application No: 13/0201 REFUSE 46 Erection of an 80kw wind turbine on a 30m monopole mast Sproat Ghyll, Orton For JA and ME Mawson
6 Planning Application No: 13/0234 REFUSE 57 Proposed siting of a 1 x 36.4m high (hub) wind turbine and associated development Harrington Ling Farm, Southwaite For Mr Turnbull
1 Agenda Item 9a REPORTS FOR DEBATE
Item Officer Page Application Details No Recommendation Number
7 Planning Application No: 13/0121 Recommended to: 63 Outline Application for a Liquid Storage Tank and Containment Bund with Approval Sought for Access, APPROVE Landscaping, Layout and Scale Subject to Conditions Quarry Garage, Stainton, Penrith For L Sawrij 8 Planning Application No: 13/0191 Recommended to: 78 Change of use of a storage shed to a one bed dwelling APPROVE Subject to Conditions Daisy Farm, Outhgill For Mrs B Smart 9 Planning Application No: 13/0260 Recommended to: 85 Outline application for farm house and access with layout, scale, appearance and materials reserved for future consents at Land APPROVE Townhead Lane, Ravenstonedale Subject to Conditions For Mr P Brown 10 Planning Application No: 13/0072 REFUSE 92 Change of use of sandstone barn from agricultural to a self contained Holiday Cottage Armathwaite Barn (off Ruckcroft Road), Armathwaite For Messrs Stapleton and Thompson 11 Planning Application No: 13/0087 Recommended to: 99 Variation of Condition 21(Noise Attenuation Measures) Attached to Planning Approval 10/0987 APPROVE (Demolition of existing hotel, bungalow and Subject to Conditions outbuildings and redevelopment with 48 no. dwellings and associated infrastructure) Clifton Hill Story Homes development, Clifton For Story Homes 12 Planning Application No: 13/0282 REFUSE 105 Erection of dwelling (revised application) Thorn Lodge, Stainton For Mr D Blyth
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Item No 1 Eden District Council Planning Committee 20 June 2013 Planning Application No: 12/0979 Outline Application for Residential Development at Former Mill Site and Land North of Burthwaite Road, Calthwaite for J Harris Head of Planning Services
Site Plan:
3 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members because objectors have requested a hearing. 2 Recommendation:
It is recommended that delegated power be given to the Head of Planning Services to grant planning permission subject to a Section106 Agreement being entered into to the absolute satisfaction of the Director of Corporate and Legal Services and the Head of Planning Services requiring the provision of 4 affordable dwelling houses and the Council‟s reasonable costs being paid in relation to that Section 106 Agreement and subject to the following conditions: 1. The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of reserved matters to be approved, whichever is the later. 2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. Approval of the details of the access, scale, landscaping, layout and external appearance of the buildings (called "the reserved matters") together with full details of existing and proposed levels shall be obtained from Local Planning Authority in writing before any development is commenced. 4. Samples or full details of all external materials to be used shall be submitted to and approved, in writing, by the Local Planning Authority before any work is commenced. 5. No development shall commence within the site until the applicant has secured the implementation of a programme of archeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. The written scheme shall include the following components; i) An archaeological evaluation; ii) An archaeological recording programme, the scope of which will be dependent upon the results of the evaluation. iii) Where appropriate, a post-excavation assessment and analysis, preparation of a site archive ready for disposition at a store approved by the Local Planning Authority, completion of an archive report and submission of the results for publication in a suitable journal. 6. Prior to the carrying out of any construction works the existing agricultural buildings affected by the proposed development shall be recorded in accordance with a Level 2 survey as described by English Heritage‟s document Understanding Historic Buildings A Guide to Good Recording Practice, 2006. Within 2 months of the commencement of construction works 3 copies of the resultant level 2 survey report shall be furnished to the Local Planning Authority. 7. Prior to the commencement of development, the following components of a scheme to deal with the risks associated with contamination of the application sites shall each be submitted to and approved in writing by the Local Planning Authority;
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i) A preliminary risk assessment which has identified: All previous uses; Potential contaminants associated with those uses; A conceptual model of the site indicating sources, pathways and receptors; Potential unacceptable risks arising from contamination at the site. ii) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including potential risks to: Human health; Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; Adjoining land; Groundwater and surface waters; Ecological systems; iii) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken; iii) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved. This must be conducted in accordance with DEFRA and the Environment Agency‟s „Model Procedures for the Management of Land Contamination, CLR11‟. 8. That at the time of the submission of the Reserved Matters the developer shall submit full details of the proposed foul and surface water drainage for approval. Any approved drainage scheme shall be implemented in accordance with agreed details prior to the occupation of the dwellings and maintained thereafter. 9. The existing unclassified Highway that serves proposed dwelling units 4-9 (inclusive) shall be improved, including widening, turning area and a „one way‟ traffic regulation Order on the eastern end, under a Highways Act 1980 Section 278 Agreement; and in this respect full engineering details, shall be submitted for approval before any work commences on site. No work shall be commenced until the Section 278 Agreement is executed. All works so approved shall be constructed before the houses are occupied. 10. The Private Driveways, parking areas etc: shall be designed, constructed and drained to the satisfaction of the Local Planning Authority and in this respect full engineering details, shall be submitted for approval before work commences on site. No work shall be commenced until a full specification has been approved. 11. Construction of the Private Shared Driveways shall not commence until visibility splays providing clear visibility of 50metres measured along the nearside channel
5 Agenda Item 9a REPORTS FOR DEBATE lines of the public road from a position 2.4metres inset from the carriageway edge, on the centre line of the access, at a height of 1.05 metres, have been provided. 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, parked or placed and no trees, bushes or other plants shall be permitted to grow so as to obstruct the visibility splays. 12. Footways, with drop crossing at road crossing points, shall be provided that link continuously and conveniently to the existing footway. Pedestrian links within and to and from the site shall be provided that is convenient to use. 13. No dwelling shall be occupied until the vehicular access and parking requirements have been constructed in accordance with the approved plan and brought into use. These facilities 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. 14. The whole of the two Private Driveway bell-mouths shall be constructed and drained to the specification of the Local Highways Authority. These two driveways shall be constructed so as to be capable of use, prior to any building works of dwelling units served by the respective Driveway, commences. 15. Before any development takes place, a plan shall be submitted for the prior approval of the local planning authority reserving adequate land and showing a suitable access thereto, for the site offices and stores, the parking of vehicles/plant engaged in the construction operations associated with the development hereby approved. Such land, including the vehicular access thereto, shall be used for or be kept available for these purposes at all times, until completion of the construction works. 16. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; 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 others of similar size and species. 17. No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings are occupied. Development shall be carried out in accordance with the approved details. Informative The existing road past The Globe PH shall have been the subject of a One Way (westbound) Traffic Regulation Order being implemented, before any works commence on house blocks 4-9 inclusive; and if such an Order is not forthcoming, alternative access arrangements will need to be made to allow this part of the development to proceed.
6 Agenda Item 9a REPORTS FOR DEBATE Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. In order to comply with the provisions of the Town and Country Planning Act 1990. 3. The application is in outline form only and is not accompanied by full detailed plans. 4. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 5. To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains. 6. To ensure that a permanent record is made of the buildings of architectural and historic interest prior to their alteration as part of the proposed development. 7. To prevent harm to health or the local environment, in compliance with Policy CS16 of the Eden District Council Development Plan Document; Core Strategy, Adopted 2010. 8. In the interests of environmental management and neighbouring amenity, in compliance with Saved Eden Local Plan policy SE1 and Eden Core Strategy Policy CS18. 9. To ensure a minimum standard of construction in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7, & LD8. 10. To ensure a minimum standard of construction in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7, & LD8. 11. In the interests of highway safety. To support Local Transport Plan Policies: LD7, LD8. 12. In the interests of highway safety, accessibility by sustainable transport modes and to minimise potential hazards. 13. To ensure a minimum standard of access provision when the development is brought into use. To support Local Transport Policies LD5, LD7 and LD8. 14. In the interests of road safety. To support Local Transport Plan Policies: LD5, LD7 and LD8. 15. The carrying out of the development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users. To support Local Transport Policy LD8. 16. In the interests of visual amenity in accordance with the provisions of Eden Core Strategy Policy CS18 - Design of New Development. 17. In the interests of visual amenity and protection of the character of historic assets, in accordance with Eden Core Strategy Policies CS17 - Principles for the Built (Historic) Environment and CS18 - Design of New Development.
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3 Report Details 3.1 Proposed Development: 3.1.1 The application for residential development is in outline form with all matters (the Reserved Matters) reserved for future consideration. The indicative layout shows a potential for 14 dwellings. The proposal indicates 10 dwellings at the Saw Mill site and a further 4 dwellings at the land adjacent Dixon Court (Land to North of Burthwaite Road). For a development of this scale 4 affordable dwellings would be provided with exact location and details subject to further agreement. 3.1.2 The application has been amended by the applicants following concerns being raised by Officers in respect to the original submission and a considered harmful impact upon the character and setting of the adjacent Calthwaite Hall and Dixon Court grade II listed buildings. The amended indicative layout shows a revised indicative layout with indicative reduction in 2 units from the original 16 to 14 units in total. 3.1.3 Both sites are indicated to be accessed off the Burthwaite Road forming a new intersection. The proposed site adjacent land adjacent Dixon Court proposes to use the existing access serving properties 5 and 6 Dixon Court. 3.1.4 The application is supported by an amended indicative site layout plan, Environmental Risk Assessment, Tree Constraints Plan (showing the recommended retention of 21 trees for amenity reasons and removal of up to 32 less valuable trees), Design and Access Statement and a supporting Planning Statement with indication of provision of required up to 30% provision of affordable housing. The exact location of the affordable housing is to be confirmed as are their intended scale and tenure. 3.1.5 Application details suggest however that 2-2 and a half storey dwellings (incorporating dormer windows in roofline) could be appropriate to the village character and setting. 3.2 Description of the Site and the Surroundings: 3.2.1 The application for housing is on two vacant sites split by the main village/Burthwaite road in Calthwaite. The two halves of the overall site are located within a generally central position within the village. 3.2.2 To the south west of Burthwaite Road lies the former Saw Mill site with a range of existing agricultural and saw mill buildings - including a large sandstone wall and slate roof barn. The indicative layout shows a mixture of detached and semi detached properties in a generally irregular layout. 3.2.3 To the north east of Burthwaite Road lies the site adjacent the Grade II listed Calthwaite Hall/Dixon Court. Dixon Court is listed by curtilage to the main Calthwaite Hall and consists of 6 independently occupied converted dwellings in a court yard arrangement. The proposed new housing which is to be located on the north west periphery to Dixon Court is within greenfield land, with the indicative layout showing a linked L shape black layout. At the northern boundary exists a number of mature trees and a stream in a hollow below. Landform steadily rises upwards from the stream that borders both sites. 3.2.4 Calthwaite is a Local Service Centre as designated in the Eden Core Strategy. Calthwaite is proposed to remain as a local service centre with the new Eden Housing consultation document.
8 Agenda Item 9a REPORTS FOR DEBATE 3.3 Relevant Planning History: 3.3.1 There is no relevant planning history to report for the Saw Mill site. However, pertinent planning history does exist for the land adjacent Dixon Court as below; Ref 03/0162 and 03/0163 - Full and Listed Building Consent applications for 6 semi- detached dwellings refused 5 June 2003 and dismissed at appeal 10 June 2004. The Inspector found the proposal unacceptable by virtue of suburban appearance appearing out of context and harming the character of Calthwaite Hall and courtyard buildings (now Dixon Court) and the informal collection of traditional buildings around High Farm and Globe Inn. In relation to the concerns regarding the provision of appropriate visibility splay at the access and potential removal of wall and damaging visual consequences, the Inspector did not find that the proposal would have damaging consequences stating that it “would be possible to achieve adequate visibility at the proposed junction without recourse to the removal and replacement of a considerable length of the wall”. 3.3.2 Subsequent to this, listed building and planning consents were granted under planning references 07/0384 and 07/0385 respectively in May 2008 for the conversion of the curtilage listed Calthwaite Hall farm buildings to three dwellings. These now form part of the Dixon Court development with access off Burthwaite Road. This existing access is proposed to be used to serve the indicated four new dwellings adjacent as part of this application. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of a site notice and neighbour notification letters. There were no letters of support and 7 letters of objection received with comments summarised as follows; There are no shops or health facilities for approximately 4 miles and these services are also not connected by any form of public transport. This raises issues in relation to access to these vital services. In accordance with this, there are also little to no vital services and facilities from which additional local residents could benefit. The Fellrunner bus services, which would be the only bus service to the site, only visits once per week. The size and nature of such a development is therefore inappropriate. A development of 14 dwellings in a settlement such as Calthwaite is 300% greater than the scale of development envisaged in Policy H5: Local Service Centres of the Eden Local Plan Review. The proposal does not meet the guideline of 50-100% affordable housing units, as outlined in Eden Local Plan Review, for a development of over 5 dwellings. The proposal does not provide a range of house types to meet need as per Core Strategy Policy CS7. House types are all 2 and ½ storey family homes. In character terms, no other properties in the vicinity of the development are more than 2 storeys - there are many single storey buildings. The proposed development would therefore be out of character with the village. Calthwaite Hall and Dixon Court are Grade II listed buildings. The construction of the new dwellings would detract from the overall character of the area. Planning Application 03/0163 for listed building consent was rejected as the application for 6 dwellings was deemed to have adversely affected the character and appearance of the existing listed farm buildings (Dixon Court).
9 Agenda Item 9a REPORTS FOR DEBATE The proposed development was further contrary to PPG3 as the site was greenfield. The proposed design was considered suburban in nature and did not reflect or relate to the character of the existing farm buildings; There has been no enhancement of the previous plans, the land is still greenfield, and the design is still sub-urban in nature. Although Site 1 is lower than Calthwaite Hall, it would have an impact, not only on the setting of the Hall, but also Dixon Court, which would not be separated by open space contrary to the character and setting of these listed buildings. No mention is made of Orchard Cottage (grade II) which is in full site of the Sawmill site. The works fail to secure acceptable access site lines at the proposal entrance and this does not respect the agricultural character of the site. Site 1/land adjacent Dixon Court is greenfield in nature - it cannot be described as brownfield land. The land is currently unattractive scrubland due to lack of maintenance and appropriate management on the part of the landowner. Building on this site, with its views of Calthwaite Hall, would detract from the character of the village. There has been no reference to the design of the properties and the exact materials to be used. The statement in the Design and Access Statement that the applicant will hold a „design competition between interested developers‟ suggests that a lack of thought has gone into design. In reference to the Housing Development Plan, Preferred Site Options paper, there is no additional housing allocation for Calthwaite. The predicted affordable housing need is 3 dwellings by 2025. There are no indications as to how issues of land variation in terms of elevation will be addressed, especially in relation to overlooking and disturbance. No spot heights have been given, meaning that no assessment of the impact of overlooking and denial of light to the dwellings of Dixon Court can be made. There are considerable issues with overlooking and detrimental impact on light levels affecting Dixon Court. Numbers 1 and 6 Dixon Court have principal windows and patio doors overlooking the application site, enhancing any issue of overlooking. If there is to be lowering of ground levels, there will need to be significant ground works undertaken. There is concern as to the structural integrity of Dixon Court if these works take place, with increased potential subsidence. Parking is proposed to be located adjacent to Dixon Court, leading to considerable noise pollution and potential exhaust emissions entering existing dwellings. Car parking will be allocated outside of the plot boundaries. Contrary to the Design and Access Statement. The proposed development could not legally fit within the plot boundaries if you take into account factors such as parking bays and access. The development would detract from the character of the village, to the point that it would effectively be converted into a modern housing development. Creation of cross-roads on an area which has a bend and a gradient would be unsafe. The roads location so close to the school and the nursery is likely to cause a safety issue. The plans are in contravention of Rights of Access which have previously been granted in relation to the new roads.
10 Agenda Item 9a REPORTS FOR DEBATE The amended plan proposes in effect 6 properties (including 2 existing at Dixon Court) sharing the same access off Burthwaite Road. Cumbria Design Guide Layout of New Residential Developments states that Shared Surface Roads serving up to 30 dwellings should be constructed to a width of 4.1m to 4.8m. The amended plans show a highway width reducing to 3m. The current access road to the site would not be suitable for such an increased in traffic. Adjacent to the Saw Mill site, the road in front of units 4 - 9 will have to accommodate 2 way traffic, foot traffic, access to public footpath and heavier vehicles serving the estate workshop. Considering people will at peak times park on the road beside their houses, the proposed 5 metre with of the road seem inadequate and dangerous to pedestrians. The exit of this road is also constrained by existing buildings. Two storey units 4-9 will further be built on high ground causing considerable overlooking impact on neighbouring housing - single story units would minimise this impact but none are proposed. The application will result in displacement of pub car parking and the one way traffic system will force cars past houses which usually on an evening have cars parked outside making it difficult to exit the one way system. Development at the former Saw Mill site would lead to the total loss of a well used community recycling facility, which supplies funding to the school. Where would this facility be moved to, if it is moved at all? The proposed open space provision is not currently accessible with any degree of safety as there is no footway adjacent to the highway on the eastern side of the C1037. Parish Response 3.4.2 The Parish Council support the development with observations, commenting as follows;
Further to a recent site visit Hesket Parish Council would like the following points to be considered. i) Increased access onto the site from a busy part of the road. ii) Residents have concerns about inadequate space to reverse vehicles from their drives into the road. iii) Residents feel that bedrooms from the proposed development will be looking into the lounges of the barn conversions. iv) The design of the proposed properties is not in keeping with the barn conversions or the nearby listed building. v) Removal of the sandstone wall opposite the proposed development (Listed Building?). vi) The EDC Housing Policy does not mention any proposed development site in Calthwaite. vii) Local residents/councillors feel that bungalows with adequate garden/parking space would be more in keeping and would possibly encourage elderly people to stay in the village.
11 Agenda Item 9a REPORTS FOR DEBATE In principal Hesket Parish Council agree with the development which include 30% first time/affordable dwellings. This percentage has now been reduced (by two dwellings) HPC are suggesting that more suitable properties would be bungalows for elderly/retired people. This development could cause interference with pedestrians taking children to and from school. 3.6 Consultation Responses: 3.6.1 Local Highway Authority: In light of application being in outline form with layout to be agreed, no objections subject to various conditions - see recommendation. 3.6.2 Contaminated Land Officer - No objections subject to condition requiring a remediation strategy to be submitted and agreed in writing in light of recommendations in the Environmental Risk Assessment. 3.6.3 Arboriculturist - The Tree Constraints Plan is an accurate assessment of the trees and their suitability for retention and the removal of trees as proposed can be mitigated for by appropriate landscaping contained within a detailed application. Tree protection measures will also need to be included and should be based on the guidance contained within BS5837:2012, the Smiths Gore report incorrectly refers to the 2005 standard in this respect. 3.6.4 Historic Environment Officer - No objection subject to condition to secure programme of archaeological work in light of the site lying within an area of archaeological potential and it being likely that buried architectural remains survive on site. A separate condition is recommended to require a survey to record the existing agricultural buildings which are considered to retain some architectural interest. 3.6.5 Affordable Housing Officer - Confirms that the parish housing need survey in March 2011 identified a need of 21 affordable properties with mixture of housing types but predominant need for affordable rent sector. 3.6.6 United Utilities - Comment that it is unclear whether the existing wastewater treatment work has the capacity to accommodate this development. Flow impact assessment (including surface water) required before this may be confirmed. 3.6.7 Conservation Advisor - Raised concerns with the original submission and its impact upon Calthwaite Hall by virtue of the close proximity and that the Hall was designed as an „object building‟ and was located so as to be seen as a dominating single dwelling of architectural sophistication within its own grounds. Recommended that development located at the front or western portion of the site adjacent Dixon Court, would not be so problematic and suggested that a block of 2-3 small houses or perhaps linked block would have much less impact upon listed buildings and have better morphology relationship to present village. 3.7 Main Planning Issues Raised: Principle of the development. Impact upon character of the village. Impact upon character and setting of adjacent listed buildings. Impact upon neighbouring amenity. Impact upon highway safety.
12 Agenda Item 9a REPORTS FOR DEBATE Loss of recycling facility. 3.8 Planning Assessment: 3.8.1 Key policies in assessing this development include Eden Core Strategy Policy CS1: Sustainable Development Principles, which seeks amongst other things for the creation of sustainable communities and for developments to follow the sequential approach to land use, where practicable the redevelopment of existing buildings and developed land within settlements followed by suitable infill sites. Eden Core Strategy Policy CS2: Locational Strategy seeks to promote small scale residential development in Key and Local Service Centres that takes account of essential infrastructure and should respect the character of the village. Policy CS7: Principles for Housing reinforces the focus of new house building in Key and Local Service centres whilst giving priority for local affordable needs dwellings. It further supports a range of house types. Policy CS10: Affordable Housing, seeks a target of 30% affordable share of developments above the threshold of 4 units and overall targets a supply of at least 92 affordable dwellings per year. Policies CS17: Principles for the Built (Historic) Environment and CS18: Design of New Development, seek respectively to conserve and enhance the character of built historic assets including listed buildings and to protect the amenity of existing residents. 3.8.2 In respect of the principle of a residential development the application site is located within a central position the village of Calthwaite which is currently designated as a Local Service Centre in which small scale residential development is supported by policy CS2. The application proposes, in relation to the Saw Mill site, the re-use of previously developed land and buildings. The greenfield site adjacent to the Dixon Court is located within the central core of the village and it well related to the village built form. There remains an overall strategic need for Eden to increase its housing numbers for both market led and affordable housing needs. Local Service Centres such as Calthwaite are planned to contribute to this cause. In the Parish of Hesket, there has been identified in the Parish Survey a need for 21 affordable dwellings. This proposal will in some way help meet the affordable needs of the parish in accordance with policy. The lack of proposed options for housing development in the Housing Review consultation document does not preclude appropriate residential development coming forward in the village. There is no evidence to suggest that the village does not maintain the essential infrastructure required to facilitate this development. In response to United Utilities uncertainty over the capacity of the existing foul mains water system, United Utilities have a duty to facilitate foul mains connection and therefore development can not be precluded in this regard. A condition is recommended to secure full drainage details including foul and surface water so that this can be satisfactorily addressed at a later stage. 3.8.3 In terms as to the impact upon the character of the village, the indicative plan shows an irregular/informal layout at the Saw Mill site in keeping with the general character of the village. The revised indicative layout of the site adjacent Dixon Court is considered to be respectfully located far back from Calthwaite Hall so as to not compete with its dominating character. The land form slopes away from the listed buildings thereby supporting the opportunity for new development to complement and enhance the setting Calthwaite Hall and Dixon Court. The indicative layout demonstrates that the site can successfully accommodate 4 linked dwellings in an L shape with buildings taking greater prominent positioning from the public realm as opposed to parking areas. It is considered that a final proposal for the indicatively
13 Agenda Item 9a REPORTS FOR DEBATE proposed 4 dwellings at this site can be successfully achieved without causing undue harm upon neighbouring amenity or the character of the area and historic assets subject to appropriate scale, form and design details being put forward at Reserved Matters stage. The listed Orchard Cottages are set back on a rise beyond the stream that is flanked by mature tree planting approximately 60 metres from the Saw Mill site and will their setting and character will not be affected by the proposed development. Although the development will in part take up greenfield land adjacent Dixon Court, a green buffer area will be maintained including appropriate tree work and retention. This will help maintain the character of the village overall. 3.8.4 Turning in greater detail to concerns regarding neighbouring amenity at both sites, it is considered that the proposed development would not give rise to unacceptable concerns upon adjacent existing residents including loss of privacy and overbearing impact. The indicative layout shows that the recommended privacy/separation interface dwelling to dwelling distances contained with the Eden Housing Supplementary Planning Document can be achieved (ie not less than 21 metres from any directly facing windows in another property and 13 metres from the main face of a dwelling to any blank gable wall). The applicant has sought to address potential problems with amenity interference at no. 6 Dixon Court by precluding direct outlook from proposed unit 4. Neighbouring amenity in this regard can be satisfactorily protected by an appropriate detailed designed submission. It is considered that concerns regarding the tight shared access road layout at Dixon Court and impact upon existing residents parking can be addressed at Reserved Matters stage show slight reposition of the proposed dwellings so as to give more space for vehicle movements. 3.8.5 The Highways Authority do not object to this application subject to compliance with the conditions in this report. The introduction of a visibility splay is considered to be achievable without causing irrevocable damage to the character of the area through loss of boundary walls. Existing walls can duly be lowered or altered in their positioning to accommodate this development and thus help retain the traditional local vernacular. It is pertinent to report that the Inspector in 2004 considered that access from the site adjacent Dixon Court could be achieved without harm. Since that decision, the courtyard buildings have been converted and occupied with new access serving 5 and 6 Dixon Court that is to be utilised in this to serve the 4 dwellings adjacent Dixon Court. The neighbouring resident concerns raised in respect to displacement of pub parking and one way re-routing are considered to carry limited weight in light of the Highways Authority confirming no objection. There is considered to be plentiful car parking remaining for the pub (18 spaces). There is anticipated to be a negligible increase in traffic use of the small access lane between Bracken Cottages and Hall Cottages as a result of the one way proposal adjacent to the pub. Traffic will be able to safely meander through this lane without being blocked. The proposed access arrangements are not considered to compromise the ability of children walking to school in light of the development being small scale and within the built confines of the village whereby traffic should ordinarily be slow moving. 3.8.6 Concerns have been raised by objectors regarding the scale and design of the properties. It is only the principle that is for consideration at this outline stage and such matters regarding scale and design are to be appropriately considered at Reserved Matters stage subject to outline planning permission being granted. However the indicative plan and application details shows the dwellings to have a footprint and scale considered to be appropriate to village character.
14 Agenda Item 9a REPORTS FOR DEBATE 3.8.7 The loss of the existing recycling facility to the rear of the pub car park is not considered to carry with it weight against this proposal in light of door to door domestic recycling already being a service carried out by the Council and existence of another recycling hub facility nearby at Plumpton. 3.8.8 In summary, the principle for the proposed residential development is considered in accordance with the statutory policy provisions of the development plan with no material considerations indicating otherwise. The material guidance of the National Planning Policy Framework is considered to support this application in light of the environmental, social and economic benefits to be had. It is therefore recommended that planning permission be granted subject to the conditions and Section 106 Legal Agreement as mentioned in this report.
4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Eden Core Strategy CS1: Sustainable development Principles CS2: Locational Strategy CS3: Rural Settlements and Rural Areas CS6: Developer Contributions CS7: Principles for Housing CS10: Affordable Housing CS17: Principles for the Built (Historic) Environment CS18: Design of New Development. Eden Local Plan Saved Policies NE13: Protection of Trees SE1: Sewerage Disposal Material Planning Policy National Planning Policy Framework 5. Implications 5.1 Legal 5.1.1 There are none arising directly from the recommendation in this report.
15 Agenda Item 9a REPORTS FOR DEBATE 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 Under the New Homes Bonus scheme the Council gets an annual cash grant for each new home built. The cash grant for each house is dependent upon Council Tax banding with the average size house returning £1,439 plus an extra £350 if it is affordable. In two tier areas the local planning authority (ie Eden District Council) retains 80% of the bonus with 20% going to the County Council. Therefore if this scheme, based on the indicative scale and layout, was to be agreed the total bonus to be received by the Council would be as follows:
Annual Bonus £ Affordable houses (4* £1789) 7,156 Other houses (10* £1,439) 14390 Total annual bonus 21,546 EDC annual share @ 80% 17,237 EDC share over 6 years 103,421
5.2.3 The Council has an agreed protocol for how it spends New Homes Bonus. Each year the first £100,000 is allocated to the Council‟s Community Fund: This supports a range of community lead projects. The balance of available funding is allocated to the Council‟s Housing Board for use in the support of affordable houses to address housing needs throughout the district. 5.3 Equality and Diversity 5.3.1 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.3.2 There are none arising directly from this report. 5.4 Environmental 5.4.1 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.4.2 There are none arising directly from this report subject to compliance with the conditions recommended. 5.5 Crime and Disorder 5.5.1 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.5.2 There are none arising directly from this report. 5.6 Children 5.6.1 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.6.2 There are none arising directly from this report.
16 Agenda Item 9a REPORTS FOR DEBATE 5.7 Risk Management 5.7.1 Risk Management is a process whereby attempts are made to identify, actively control and reduce risk to protect the Council. This covers not only the traditional areas of insurable risk but also the organisational risk that the Council faces in undertaking all its activities. 5.7.2 There are no risks identified in respect to the recommendation in this report.
6. Reasons for Decision/Recommendation 6.1 The application for a small scale residential development within an established Local Service Centre helping to meet the housing needs of the District as demonstrated by the indicative layout plan. It is considered that the proposal does not compromise interests of acknowledged importance including neighbouring amenity, village character and highways safety. The character and setting of adjacent listed buildings will be preserved and opportunity exists for enhancement in this regard subject to an acceptable detailed scheme being brought forward at the reserved matters stage in due course.
Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer
Background Papers: Planning Application file: 12/0979 Contact Officer: Adam McNally Telephone Number: 01768 212487
17 Agenda Item 9a REPORTS FOR DEBATE Item No 2 Eden District Council Planning Committee 20 June 2013 Planning Application No: 12/1008
Change of use to camping pod site at Redhills, Penrith for Mr D Heritage Head of Planning Services Site Plan:
A66 to Penrith
A66 to Rheged
Little Chef / Travelodge
N
18 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members as an objector has requested a hearing. 2 Recommendation: That the proposed planning application as set out in this report be approved subject to the following conditions: 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing no‟s PS0001am2 and PS002 received 11 March 2013 and PS002 received 6 January 2013) and shall not be varied other than by prior agreement in writing by the Local Planning Authority. 3. Prior to the commencement of development, details of how foul and surface water shall be drained on a separate system and maintain and managed after completion shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme submitted for approval shall be in accordance with the principles set out in the planning application proposing surface water runoff from the site discharging into the soakaway and foul water discharging into the private septic tank. No part of the development shall be occupied until the drainage scheme has been constructed in accordance with the approved details. The development shall be completed, maintained and managed in accordance with the approved details. 4. The use of the camping pods shall not commence until the access car park and pathways have been constructed and fences erected in accordance with the approved plan. All such provision shall be retained, capable of use when the development is completed and shall not be removed or altered thereafter, without the prior consent of the Local Planning Authority. 5. The whole of the vehicular access area bounded by the carriageway edge and the highway boundary shall be constructed and drained to the specification of the Local Highways Authority. 6. The development hereby approved shall be used for holiday accommodation and for no other purpose (including any other purpose in Class C of the Schedule to the Town & Country Planning (Use Classes) Order 1987), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. 7. None of the development hereby approved shall be used at any time as sole and principal residencies by any occupants. 8. The development shall not be let to any person or connected group of persons for a period exceeding eight weeks in any one calendar year. 9. A bound register of all occupants of the accommodation hereby approved shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. The register shall comprise consecutively numbered pages which shall be kept in order, and each entry shall contain the name and address of the principle occupier together with the dates of occupation. 10. This permission shall be for the siting of camping pods and associated facility pods only and for no other form of tourism facility and no more than seventeen
19 Agenda Item 9a REPORTS FOR DEBATE camping pods shall be sited on the site at any one time. 11. The camping pods shall be sited as per drawing no PS001am2 received 11 March 2013. 12. Notwithstanding the details submitted, details of the precise size, design and colour of the camping pods shall be submitted to and approved in writing by the Local Planning Authority prior to their siting on the site. The development shall be carried out in accordance with the approved details and none of the camping pods shall be altered or amended in any way or replaced with any other structure(s) or caravan(s) without the prior written consent of the Local Planning Authority. 13. No electrical or water services shall be installed or connected to the pods the subject of this permission without the prior approval of the Local Planning Authority. 14. The development hereby approved shall be carried out strictly in accordance with the „Pre-development Arboriculture Report Proposed Camping Pod Site‟ report prepared by Luke Steer of Treescapes Consultancy Ltd. 15. No development shall take place until full details of both hard and soft landscape works, including a phased programme of works, have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of any part of the development or in accordance with the programme agreed by the Local Planning Authority. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season. 16. Details of any external lighting of the site shall be submitted to, and approved in writing by, the Local Planning Authority. This information shall include a layout plan with beam orientation and a schedule of equipment used in the design (luminaire type, mounting height, aiming angles, luminaire profiles and hours of operation). The lighting shall be installed, maintained and operating in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation. 17. Details of a 2 metre high acoustic fence along the western side of the access road, as recommended in the Noise Assessment dated April 2013, shall be submitted to and approved in writing prior to the installation of any camping pods on the site. The fence shall be erected prior to the first occupation of any of the camping pods and shall remain in situ for the life of the camping pod site. 18. The existing stone wall along the northern boundary of the site shall be repaired to its original height, as detailed within the Noise Assessment dated April 2013. 19. The camping pods shall be fitted with standard glazing of 4/6 to 20mm/4 as detailed within the Noise Assessment dated April 2013. 20. The camping pods shall be constructed in accordance with paragraph 6.2.8 of the Noise Assessment dated April 2013. Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990.
20 Agenda Item 9a REPORTS FOR DEBATE 2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3. To ensure the satisfactory drainage of the site. 4. To ensure a minimum standard of access and public safety/security when the development is brought into use. 5. In the interests of road safety. 6. The development is not appropriate for permanent residential use in this location. 7. The development is not appropriate for permanent residential use in this location. 8. In order to comply with the purpose of the development for holiday accommodation only. 9. To ensure that the accommodation remains available for holiday purposes. 10. In the interests of the visual amenity of the site. 11. In the interests of visual amenity. 12. In the interests of visual amenity and to maintain control over the development. 13. The exclusion of services is intended to prevent the evolution of the camping pods to a more permanent and more intrusive form of development. 14. To ensure the satisfactory appearance of the site in the interests of visual character and appearance of the area. 15. To ensure that the development is landscaped in the interest of the visual character and appearance of the area. 16. To ensure the local area is protected from potential light pollution. 17. To ensure that potential occupiers of the camping pods are not adversely affected by noise from the A66, M6 or the railway line and in the interests of the visual amenity of the site. 18. To ensure that potential occupiers of the camping pods are not adversely affected by noise from the A66, M6 or the railway line. 19. To ensure that potential occupiers of the camping pods are not adversely affected by noise from the A66, M6 or the railway line. 20. To ensure that potential occupiers of the camping pods are not adversely affected by noise from the A66, M6 or the railway line. Note to applicant: 1. No works can be undertaken within the Highway (including verge area) until the developer has obtained a Highways Act 1980, Section 184 Streetworks licence.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks full planning permission for the change of use of a rectangular site adjacent to Redhills Business Park for the siting of camping pods. The scheme proposes a total of 17 timber camping pods with associated toilet, shower, office and reception facilities. Each pod will measure approximately 3.7 metres in length by 2.6 metres in width and will be capable of providing accommodation for two people. The
21 Agenda Item 9a REPORTS FOR DEBATE toilet and shower facilities will be provided in a larger pod with reception and office facilities in a separate pod. Car parking will be provided at the north eastern end of the site. 3.2 Description of the Site and the Surroundings: 3.2.1 The site is located between Redhills Business Park and Eamont Terrace on a piece of land which is currently scrubland/agricultural. The site is approximately 500 metres (0.3 miles) west of the M6/A66 roundabout and to the rear of the Travelodge/Little Chef just off the A66 trunk road. The camping pods will be sited on the land immediately adjacent to Redhills Business Park with the facilities located across the access road to the business park and the car parking area located on the former railway line adjacent to Eamont Terrace. 3.3 Relevant Planning History: 3.3.1 90/0570 - Erection of bungalow and garage - Planning permission refused on 20 September 1990 on the grounds that the site is within open countryside and outside of an established settlement and no exceptional circumstances had been put forward for a dwelling in this location. 3.3.2 90/0571 - Erection of two dwellings and garages - Planning permission refused on 20 September 1990 on the grounds that the site is within open countryside and outside of an established settlement and no exceptional circumstances had been put forward for a dwelling in this location. 3.3.3 There have been a number of applications submitted in 1993 (planning application references 93/0513 and 93/0576) for a touring caravan site on the land on the opposite side of the access road to the business park and to the south east of the application site. These were refused planning permission, and subsequently dismissed on appeal. The reasons for refusal related to the impact of the proposed development on the amenity of the adjoining dwellings, the extension of commercial activity into open countryside and the impact on the visual amenity and landscape character of the area. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of site notice posted and immediate neighbour letters sent. Three letters/emails of objection have been received which can be summarised as: Access to the adjacent business park is signposted either from the Redhills Lane at the west end of the park or through an alternative route which runs through the proposed development site. Existing users of the park would have to share their access drive with visitors to the pod units and there would be considerable potential for delay and pedestrian/vehicular conflict. The traffic to the business site consists of cars and heavy vehicles which use both routes into and out of the site with the potential for nuisance and disturbance to both users. Knowing the enjoyment that youngsters show for using their bikes on campsites and on the roads and car parks around, we are concerned that with no barrier possible between the pod area and the drive and business park car parks, that these areas would be used for cycling. This would lead to possible collisions
22 Agenda Item 9a REPORTS FOR DEBATE between cyclists and vehicles, especially the large delivery lorries, and to possible damage to parked cars. Historically the proposed site has always been seen as part of the business park and tourism uses have previously been refused planning consent. One of the sites was adjacent to the current application land and was refused because of its effect upon residents of Eamont Terrace and the extension of commercial development into open countryside, to the detriment of the visual amenity of the local landscape. The site is open and unscreened from both the south and the north with only a few trees and a low wall to provide part protection. The submitted plans show the proposed car parking outside the present physical boundary of the site, over the former railway line. This section of land sits immediately adjacent to the Eamont Terrace houses and would certainly affect their amenities. The west section of the site between the car park and the existing wall is completely open to views from the south and I see no proposals for landscaping incorporated into the submitted layout plan. There are a number of trees on the site, some of which are self-seeded but others are more mature and make a significant contribution to the appearance of this area. Noise and disturbance to the existing users of the business park by use of this land for camping pods is not conducive with how the business park is used. The proposed development would produce smells not conducive with the occupation of the business park. 3.5 Parish Response: 3.5.1 No response received. 3.6 Consultation Responses: 3.6.1 Highway Authority - No objections subject to the imposition of conditions relating to the construction of the access and car park prior to the use of the camping pods, and the access area being constructed and drained to an adequate specification and . 3.6.2 Highways Agency - No response received. 3.6.3 United Utilities - No objections subject to the imposition of conditions relating to details of drainage to be submitted and agreed. 3.7 Main Planning Issues Raised: 3.7.1 Suitability of the site for the siting of camping pods. 3.7.2 Impact on visual amenity and character and appearance of the locality. 3.7.3 Highway safety. 3.7.4 Noise disturbance. 3.8 Planning Assessment: 3.8.1 The application seeks full planning permission for the change of use of a piece of land adjacent to Redhills Business Park for the siting of camping pods. The scheme
23 Agenda Item 9a REPORTS FOR DEBATE proposes a total of 17 timber camping pods with associated toilet, shower, office and reception facilities. Each pod will measure approximately 3.7 metres in length by 2.6 metres in width and will be capable of providing accommodation for two people. The toilet and shower facilities will be provided in a larger pod with reception and office facilities in a separate pod. Car parking for associated vehicles will be provided adjacent to the site. 3.8.2 The key theme running through the National Planning Policy Framework (NPPF) is achieving sustainable development. Whilst section 3 of the NPPF supports economic growth in rural areas, there is a requirement for the development to be sustainable. Section 3 requires local and neighbourhood plans to “support the sustainable growth and expansion of all types of business and enterprise in rural areas” and “support sustainable rural tourism”. Policy CS15 of the Council‟s Core Strategy aims to direct the majority of new tourism facilities towards the Key and Local Service Centres within the district. The policy goes on to require development to be of a scale which does not prejudice the quality of the natural and built environment and improve it where possible. 3.8.3 In support of the application, the applicant has submitted the following information: “Evidence exists for „Cycle Eden Event on 28 February‟ where Nurture Eden, Eden Tourism and Cumbria County Council and others all confirm the need to facilitate bases for one night stays and services in Eden District and beyond. The meeting emphasised the importance of linking up with other Base location in Eden and Cumbria if we are to benefit from „cycle visitor sector tourism‟ in our economic regeneration. To better effect public expenditure on cycling tracks and signage and agency costs; it seems reasonable to assume „a balance of local impact to areas where existing tourism related services of rail, bus and many other resources to meet the aspirations of the tourist market sector‟. The exception to this service provision is „affordable, fit for purpose‟ accommodation with minimal impact that already exist from the North Lakes gateway at Redhill as Eden‟s centre Location to Cumbria…I would ask planners to review the importance of „an objective strategy to aid rural regeneration‟ with appropriate minimal impact. In the interests of economic rural regeneration: we feel it is important to link with planners and local parish groups and agencies within this market sector to facilitate bases at (20/25 mil distances) throughout Eden and existing C2C cycle ride from Penrith where provision is ineffective and limited and unless redressed will continue to decline still further.” 3.8.4 The site, which is located adjacent to Redhills Business Park, is approximately 500 metres west of the M6/A66 roundabout and 775 metres east of Rheged. Although the site identified for the camping pod development is outside of Penrith, it is closely related to existing development at Redhills where there is a range of residential, leisure, commercial and office development. There is also a Travelodge and Little Chef located close by and within easy walking distance of the camping pod site, with a cycle lane and footpath alongside the A66 giving access into Penrith. 3.8.5 Given its close proximity to Penrith, one of the Districts Key Service Centre, it is considered that a small scale peripheral tourism development of camping pods is appropriate for the site subject to conditions restricting the use of the pods to holiday accommodation only. The site is located close to a range of existing development comprising of residential, commercial and light industrial uses along with leisure uses at the Travelodge and Limes Country House Hotel. It is not therefore considered that an additional leisure use comprising of 17 camping pods with associated facilities
24 Agenda Item 9a REPORTS FOR DEBATE would be out of character in the location. Following amendments to reduce the number of camping pods on the site and their layout in order to reduce the visual impact of the development from? to 17, it is not considered that the change of use of the land for the siting of camping pods will have an adverse impact on the character or appearance of the area. Unlike the applications refused permission for a touring caravan site on the opposite site of the business park access road which is very open in nature without any existing mature planting, the site is relatively well screened by mature trees and stone boundary walls. Only a Norway Spruce and an apple tree will be removed in order to accommodate the development which the Council‟s Arboriculturalist has advised is acceptable. In order to further protect the visual amenity of the area, it is recommended that conditions are imposed requiring the camping pods to be sited as per the submitted drawing and requiring further details of the design and colour of the camping pods and the external lighting to submitted. 8.8.6 The proposed car parking area will be adjacent and to the south west of a terrace of residential properties at Redhills. No concerns have been raised be the occupiers of these properties, however concerns have been raised with regard to the impact of the use of the land for car parking on their amenity by a third party. Following discussions with the applicant‟s agent a revised plan has been submitted indicating that the applicant will landscape the north eastern boundary of the car parking area to reduce the impact of the proposed development on the privacy and amenity of the occupiers of the adjacent residential properties. It is recommended that a condition is attached to the planning permission requiring the applicant to submit to the Council details of this landscaping to ensure that it is both adequate and appropriate in this location. 3.8.7 Access to the site will be from the unclassified road that runs between the A66 at Redhills and the A592 from Rheged to Ullswater. From this road a public highway gives access to the terrace of residential properties with a private access to the business park leading from it. The Highway Authority has raised no objections to the application subject to conditions requiring the access, car park and pathways to be constructed in accordance with the approved plans prior to the use of the pods and requiring the access to be constructed and drained to their satisfaction. Concerns have been raised as to the suitability of the site in terms of having a mixed use leading from a single access road and the fact that children could be playing near to the road which provides one of two accesses to the business park. The applicant in a pre-application enquiry submitted to the Council implied that the camping pods would mainly be used by cyclists and walkers for overnight stays. This however does not preclude the use of the camping pods by people with children. Although there may be instances when children are present and may be at danger from traffic using the access road into the business park, it is not considered that this concern carries significant weight to justify refusal of the application given the narrowness of the road and the relatively slow speed that traffic uses this road. 3.8.8 Following an objection to the application by the Council‟s Environmental Health department, the applicant commissioned a noise assessment to be undertaken to show whether or not potential occupiers of the camping pods would be adversely affected by noise from the M6, A66 and west coast mainline. The conclusions of this assessment were that subject to the rebuilding of the northern boundary wall, the erection of a 2m high fence along the northern boundary and the use of a certain thickness of double glazing and timber in the construction of the camping pods, the site “can be developed for suitable development in planning and noise terms, as acceptable noise levels can be achieved following the design and implementation of
25 Agenda Item 9a REPORTS FOR DEBATE suitable specified noise mitigation measures.” The Council‟s Environmental Health Officer has therefore advised that they have no objections to the application subject to the recommendations in the noise assessment being undertaken. It is therefore recommended that a number of conditions are attached to the planning permission to ensure that these recommendations in relation to noise are undertaken in order to protect the amenity of potential occupiers of the camping pods. 3.8.9 Given its close proximity to Penrith, one of the Districts Key Service Centre, it is considered that a small scale peripheral tourism development of camping pods is appropriate for the site. The site is located close to a range of existing development comprising of residential, commercial and light industrial uses along with leisure uses at the Travelodge and Limes Country House Hotel, therefore it is not considered that an additional leisure use comprising of 17 camping pods with associated facilities would be out of character in the location which is relatively well screened by existing planting on the site. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Cores Strategy policies: CS1: Sustainable Development Principles. CS2: Locational Strategy. CS12: Principles for Economic Development and Tourism. CS15: Tourism and the Visitor Economy. CS18: Design of New Development. 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 There are no proposals in this report that would reduce or increase resources. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report.
26 Agenda Item 9a REPORTS FOR DEBATE 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 Given its close proximity to Penrith, one of the Districts Key Service Centre, it is considered that a small scale tourism development of camping pods is appropriate for this site. The site is located close to a range of existing development comprising of residential, commercial and light industrial uses along with leisure uses at the Travelodge and Limes Country House Hotel, therefore it is not considered that an additional leisure use comprising of 17 camping pods with associated facilities would be out of character in the location which is relatively well screened by existing planting on the site. Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer √ Background Papers: Contact Officer: Aimee Richardson Telephone Number: 01768 212486
27 Agenda Item 9a REPORTS FOR DEBATE
Item No 3 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0128 Proposed Erection of Detached Building for Use as Residential Care Home with Associated Garden and Car Parking Area At Barrock Court, Barrock Park, Southwaite for Barrock Court Care Homes Limited Head of Planning Services Site Plan:
28 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members because objectors have requested a hearing. 2 Recommendation:
It is recommended that planning permission be approved subject to the following conditions; 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby granted shall be carried out in strict accordance with the drawing no.s A1201 01 Rev E, (9-)901 Rev A, (--) 04 Rev B, (--) 02 Rev C and shall not be varied other than by prior agreement in writing with the Local Planning Authority. 3. Prior to the commencement of development, a soft landscaping plan including details regarding the proposed environmental bridge, as identified on layout plan A1201 (--) 01 Rev E and new planting around the new car parking areas shall be submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be fully implemented within the first planting season following the occupation of the care home annexe building hereby approved and any trees or plants which within a period of five 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 others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority. 4. Prior to the commencement of development full details in respect to the surface water and foul water drainage systems shall be submitted and approved by the Local Planning Authority. Thereafter, the scheme shall be implemented strictly in accordance with the agreed details and prior to the occupation of the accommodation hereby approved. 5. The development shall be carried out in strict accordance with the submitted “Barrock Court Care Home” Tree Protection Plan and shall not be varied other than by prior agreement in writing with the Local Planning Authority. 6. Prior to the commencement of development, a tree protection management plan in respect to the lime trees protected under TPO 4-G1 and for the duration of the construction period shall be submitted to and approved in writing by the Local Planning Authority. The management plan shall give full construction and siting details of a suitable temporary passing place and protective barrier and measures and timings of land repair post the construction period. Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. To ensure a satisfactory development and to avoid ambiguity as to what constitutes the planning permission. 3. In order to secure appropriate compensatory measures to protect the biodiversity and visual amenity of the area in accordance with Eden Core Strategy Policy CS16 and CS18.
29 Agenda Item 9a REPORTS FOR DEBATE 4. In the interests of environmental management and amenity in accordance with the requirements of Eden Local Plan Saved Policy SE1 and Eden Core Strategy Policy CS18. 5. In the interests of visual amenity in accordance with the requirements of Eden Local Plan Saved Policy NE13 and Eden Core Strategy Policy CS18. 6. In the interests of visual amenity in accordance with the requirements of Eden Local Plan Saved Policy NE13 and Eden Core Strategy Policy CS18.
3 Report Details 3.1 Proposed Development: 3.1.1 The application is for the erection of a detached care home annexe to serve the existing Barrock Court care home along with associated garden and entrance access paths/steps, a replacement car parking area and a revised drive/turning head area. The annexe building is to be built on the site of existing car park area. The proposed car parking of 10 spaces and an additional 4 disabled parking spaces seeks to replace the existing parking space to be lost in this development. 3.1.2 The proposed annexe building is single storey and in a roughly rectangular layout. It is to provide 17 additional bedrooms for care home residents. This is on top of the 27 bedrooms within the current care home building. The eaves height varies between 2.5metres to 3.7 metres. The roof ridge height varies between 5.5 metres to 6.9 metres. The proposed materials are to match the existing care home with use of smooth white render walls and base course of Bradstone Buff walling and concrete grey roof tiles. Windows are to be stained Redwood with Cedar Boarded infill panels and doors are to be stained hardwood. 3.1.3 The site is situated within mature woodland. The proposals identifies that 7 trees are required to be removed to facilitate the overall proposal along with others that may need to be removed because of poor health. A new environmental belt comprising new tree planting is proposed at the south east of site to in effect compensate for the loss of trees and improve the local habitat channels. 3.1.4 The annexe building proposes a drainage connection into the existing foul sewage private pumping station which is to be upgraded. Full drainage details are to be provided in this regard. 3.1.5 The application is a re-submission from that previously approved by Planning Committee under planning reference 05/0499 dated 20th October 2005. That permission was never implemented in time and has since lapsed, hence the fresh full planning application submission for consideration. The new application is supported by full plans, an Extended Phase 1 Ecological Appraisal of the site and its surroundings, a detailed Arboricultural Report, a Design and Access statement and a Heritage Asset statement. 3.2 Description of the Site and the Surroundings: 3.2.1 The application site is within the grounds of the existing Barrock Court Care approximately 1 mile to the west of Low Hesket village and A6. 3.2.2 Access from the A6 is at two separate entry and egress slip roads adjacent the property known as “The Lodge”. These roads combine into one long straight avenue
30 Agenda Item 9a REPORTS FOR DEBATE that is flanked by protected Lime trees. The road forks into two adjacent to the property “West Lodge” as the avenue approaches the care home site. One road leads to the care home/application site and the Manor House and the other leads to the private dwellings at Barrock Park Cottages. 3.2.3 The site itself is nestled within a section of mature woodland. The existing care home comprises a low-profile, single storey building faced in white smooth render with coloured pre-cast quoins, sills and base course all under a grey plain tiled roof. The land form of the Barrock Court site is steadily sloping in nature with the existing and proposed building set back into the site on ground approximately 3 metres higher than the main access drive area at the front of the site. 3.2.4 The Grade II listed and independent/privately occupied Manor House is situated adjacent and beyond mature trees approximately 30 metres to the west of the proposed care home annexe building. The Manor House shares its main access with the care home. Adjacent to the south beyond trees, hedges and a stone wall exist the 14 independent and privately occupied Barrock Park cottages. The cottages situated immediately adjacent to the Manor will be listed by virtue of being within the original curtilage to the Manor House. Approximately 100m to the east of the site and beyond mature woodland lies a Grade II listed Dovecote building. 3.3 Relevant Planning History: 3.3.1 91/0401 - Erection of Residential Care home, full planning permission approved dated 18 July 1991. 05/0499 - Erection of Detached Building For Use as Residential Care Home with Association Garden and Car Parking Area, full planning permission approved subject to conditions including tree protection conditions, dated 20 October 2005. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of a site notice and neighbour notification letters. There have been 16 letters of objection received and one letter of observation. Comments are summarised as follows; The existing care home has a footprint larger than the original Manor. The proposed new development would itself also have a larger footprint than the Manor. The buildings of the site have a historical significance. Barrock Park is listed as a building of special architectural or historical interest by English Heritage. Manor House, the Lodge and the Dovecote Building are listed Grade II. It is felt that the development would not be in keeping with these protected buildings as it would be an overbearing presence with a modern construction that does not respect the character of the original. Upstairs windows of the proposed development would be overlooking some of the upstairs window of the cottages and also part of the front lawn of the Manor, and the Manor itself. This raises issues of privacy. There would be issues in relation to safety in the car park. Cars regularly turning would be a danger to other cars, pedestrians and horse riders. The proposed car park would be inadequate. The existing car park is already regularly overflowing. There would be insufficient parking for existing residents, staff and delivery vehicles.
31 Agenda Item 9a REPORTS FOR DEBATE A more suitable location for the proposed car park would be in the wood on the approach to the care home. There would be significant safety concerns in relation to traffic volume. There would be a traffic hazard at the junction of the driveway and the A6. There are already examples of near misses due to traffic speed on the A6, drivers using the „no exit‟ throughway and view restrictions due to overgrown foliage. The lack of width on the driveway, combined with an increase in traffic, would lead to drivers pulling over to let others through. This would impact adversely on the fauna and flora of the locale. The proposal would further lead to an increase in maintenance costs, which are the responsibility of the existing residents. Increased vehicle numbers, including staff and delivery vehicles, would have a noise impact on the residents of Barrock Park. The proposed destruction of trees would have an adverse impact on wildlife habitat, particularly those of red squirrels, bats and birds. Tree destruction would exacerbate any visual impact of the scheme. The existing care home would be further exposed by the proposed removals. The Tree Survey submitted with the application does not include the large Oak and Beech trees located on the front lawn of the Manor. The Oak in particular is taller and closer to the proposed new building than other trees which have been considered. Existing sewage infrastructure is inadequate and does not seem to be suitably addressed. Sewage pipes regularly overflow raw sewage across the public footpath, driveway and onto neighbouring property, posing a serious/inevitable increase in health risk to neighbours, visitors and public. The existing problem with litter could be exacerbated by the proposed development. The ability of the residents of the care home to roam unsupervised could be a health and safety issue. If an accident was to happen, who would be deemed responsible? 3.5 Parish Response
3.5.1 Hesket Parish Council has provided an observational response commenting as follows;
We have received a number of concerns from local residents regarding the above development. These are listed below: i) Access on and off the A6 to Barrock Park is potentially hazardous and increase traffic will exacerbate the situation. ii) The immediate driveway is narrow and not meant for increased traffic flow. iii) The disposal of increased sewage is of great concern, some years ago the village of Low Hesket was subjected to a recurring foul smell which investigations by Eden District Council located the source coming from Barrock Park. Steps were taken to overcome this but there is still concern that the septic
32 Agenda Item 9a REPORTS FOR DEBATE tank does not always cope now so that more development on this scale will increase the risk. iv) Councillors feel that there are insufficient parking for the proposed number of residents, staff and delivery vehicles and feel that parking might occur on the road side at the entrance to Barrock Court. Councillors looked at alternative sites and feel that a more suitable parking area would be in the wood on the approach to the Care Home. This alternative parking area could also be screened by existing trees and would have a more aesthetic look. 3.6 Consultation Responses: 3.6.1 Local Highway Authority: No objection given that the care home is existing and lies someway west to the A6 and similar extension had a consent in 2005. 3.6.2 United Utilities: No objection to the proposed development.
3.6.3 Arboriculturist: The site is set within mature woodland and it appears that when the existing care home was built as many trees as possible have been retained, consequently many trees are within close proximity to the building and some management is required regardless of any development proposals. As a result of the wooded nature of the site the removal of trees for development will have very little overall effect upon the landscape and I do not consider that a Tree Preservation Order is necessary at this time. The appraisal of the trees in the Treescapes report provides an accurate assessment of the tree retention categories and the effects of the proposals upon the trees, and I agree with the recommendations in the summary to remove trees 11, 18, 26, 27, 28, 29 and 32 to facilitate the proposal. I also agree that tree 15 should be removed regardless of the development as it is in poor condition and tree 15 could be removed and replaced. The Treescapes report also recommends that consideration is given to removal of tree 17. I agree this would be appropriate together with 19 and 20 to improve the outlook and enhance the entrance to the building with the new steps. I also think that the smaller leaning stem should be removed from the oak tree 16. The Treescapes report also flags up the potential damage that is likely to be caused to drive side trees all the way back to the A6. The main drive is flanked by a fine lime avenue that can be seen for miles around. The biggest issue for me during the construction phase is vehicles meeting on the drive and using the grassed area beside the drive for passing, depending on the frequency and size of the vehicles this could result in significant damage to the roots of the protected trees with the potential for subsequent legal action for causing or allowing damage to protected trees. I recognise that currently there is periodic use of the verge for passing but damage is minimal at present and anyone with experience of building sites will know the potential for damage during intensive periods of activity. The majority of passing takes place between the A6 and West Lodge and we agreed that for cars and vans up to 7.5 tonnes there was sufficient room to pass but for larger delivery vehicles there is insufficient room without using the grassed areas. Mr Steer pointed out that visibility along the drive was good and therefore it
33 Agenda Item 9a REPORTS FOR DEBATE would not be necessary to extend all three of the existing field gate access points and associated hard standings where passing takes place. My view is that all three passing places should have sufficient room for the largest delivery vehicle to be able to pull in and simply relying on drivers to work to an agreed system (or use common sense!) will not succeed. All three areas require a small amount of extended ground protection, good local examples can be seen where the National Grid have been working on pylons and have used an interlocking system that protects the field surfaces. There is an additional passing place between West Lodge and Barrock Court beside the wooded area that will also need to be protected, visibility is reduced here and it would be advisable to have a system in place to prevent issues with larger vehicles meeting. Once the ground protection is removed there may be a requirement for a small amount of surface preparation and grass seeding. I am also of the view that some form of fencing should be in place alongside both sides of the drive for the duration of the construction period, posts connected with hazard warning tape could be sufficient to make it clear that vehicles should not leave the metalled surface. Something similar already exists along the drive between West Lodge and Barrock Court where a line of posts have been used and painted white. 3.7 Main Planning Issues Raised: Form, scale and design of building and impact upon the character of surrounding listed buildings including Manor House and Dovecote. Impact upon ecological interests including wildlife and plants. Impact upon neighbouring private amenity. Access/parking implications. Drainage implications. Impact upon trees. 3.8 Planning Assessment: 3.8.1 The application, although a resubmission from that approved in October 2005 but not implemented, is to be considered afresh in accordance with the current development plan that consists of the Eden Core Strategy and Saved Eden Local Plan policies and any relevant material considerations. The previously approval in 2005 does nevertheless serve purpose as a useful indication as to what were considered to be the acceptable planning merits at the site at that time. 3.8.2 Key policies in assessing this development include Saved Eden Local Plan policy NE1, Development in Open Countryside, which seeks to protect the District for its undeveloped character and to permit development that meets local infrastructure needs or if a need is established sufficient to outweigh environmental cost and, amongst other things, if there is no unacceptable level of harm upon interests of acknowledged importance. Eden Core Strategy Policy CS16, Principles for the Natural Environment, reinforces this policy and amongst other things encourages biodiversity re-creation and for developments to reflect and where possible enhance local landscape character. Eden Core Strategy Policy CS12, Principles for Economic Development and Tourism, seeks to promote the diversification of the economy and to support proposals in locations with good sustainable access to services. Eden
34 Agenda Item 9a REPORTS FOR DEBATE Core Strategy Policy CS14 Employment Development in Rural Areas, seeks amongst other things to encourage the expansion of appropriate businesses. Eden Core Strategy Policies CS17, Principles for the Built (Historic) Environment and CS18, Design of New Development, seek to conserve and enhance the character of built historic assets including listed buildings and to protect the amenity of existing residents. 3.8.3 There is considered a need for this development in order to extend the range of accommodation available at the care home to help cater for the general care needs of the public that is not otherwise outweighed by environmental cost. It is recognised that there is a well established care home in existence at the site and the annexe building is mainly to be built upon existing adjacent hard surfaced areas. The ecological report acknowledges that the land retains biodiversity value and puts forward mitigation measures including soft landscaping measures. While the development is to result in the loss of 7 trees to facilitate the proposal and other trees of poor health may also have to be removed aside from this proposed scheme, a wide mix of landscaping will still remain and enhanced by new soft landscaping including the indicated environmental bridge. Full details of all soft landscaping measures are to be agreed and implemented as required by condition. 3.8.4 The scheme puts forward an acceptable building form and design with no considered adverse impacts upon neighbouring amenity or the character of existing nearby historic assets. In terms of built form, it is recognised that the proposed single storey annexe will significantly increase the overall total scale of building footprint at the site. However, the visual building mass will be reduced by virtue of the proposed annexe set immediately adjacent and infilling the south west corner of the existing care home building and by the proposed single story low profile roof similar to the existing care home. It is considered that the annexe will visually appear as a well contained building group, rather than a proliferated and overwhelming and dominating development on the landscape and nearby heritage assets. The heritage assets of the Manor House, Barrock Park cottages and Dovecote are all considered to be set far enough away from the proposed annexe at varying distances (between 30 - 100 metres) beyond mature planting and boundary features so that their historic character will be preserved. There will be no unacceptable overlooking of the Barrock Park cottages to the rear of the annexe in light of the proposed low profile single storey design with no upstairs windows and the large interface distance between the properties of approximately 35 - 40 metres with intervening trees and boundary features. In terms of design, it is noted that the design is the identical to that previously considered acceptable and approved by the Council under planning reference 05/0499. The annexe is to be of modern construction and similar to the existing care home. The proposal is to incorporate new parking, new external footpaths and removal of trees at the front entrance to the existing care home building. This will help delineate the main entrance to the building and give the building a greater sense of place. It will also help visitors locate the main entrance and reduce the possibility of visitors inadvertently entering the adjacent private Manor House. 3.8.5 It is acknowledged that there is a strong level of local objection against the proposed displacement parking put forward. However, the proposal incorporates the same level of displacement parking as previously approved in 2005 and there is not considered to be any material change in circumstances. It is noted that the Highways Authority again raise no objection. It is the applicants responsibility to ensure that visitors park
35 Agenda Item 9a REPORTS FOR DEBATE with due consideration and do not interfere with private shared access rights maintained by residents of The Manor. Any interference in this regard would be a private matter. 3.8.6 In response to other reported access concerns including increased traffic using the existing private A6 entry and egress points and the main private access drive, there is again considered to be no material change in circumstances from that previously approved in 2005. New residents in care will not be car dependent but that said it is expected that there will be some additional traffic movements generated by staff, service vehicles and visitors at varying times. It is considered that the overall increase in traffic and its effect on the existing surrounding private road network will be negligible. Concerns regarding future maintenance of the private road network shall be required to be privately managed between the applicant and the respective parties with access rights. 3.8.7 Turning to the concerns raised in respect to the capacity of the drainage infrastructure to accommodate the increase in drainage demands, in respect to foul water discharge the applicant intends to upgrade the existing foul treatment plant. Details of this are to be agreed by condition. Reference has been given as to past drainage problems and subject to future management and maintenance this should be avoidable. It is of note that the Council can intervene with any reported powers causing nuisance through Environmental Health legislation. 3.8.8 In addition to the tree protection measures proposed at the site during the construction phase, it is also considered necessary to secure a passing place and protective fencing measures at the main drive flanked by the lime trees under Tree Preservation Order ref 4-G1. A condition is recommended in this regard. It is not considered that the large mature trees within the grounds of the Manor will be adversely affected by the proposal in light of the new development being set on higher land and far enough away from the main root protection areas so as to avoid potential irreversible damage. 3.8.9 In summary, the proposal subject to conditions is considered in accordance with the development plan and it is therefore recommended planning permission be granted.
4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Eden Core Strategy 2010
36 Agenda Item 9a REPORTS FOR DEBATE CS1: Sustainable Development Principles CS2: Locational Strategy CS3: Rural Areas and Rural Settlements CS12: Principles for Economic Development and Tourism CS14: Employment Development in Rural Areas CS16: Principles for the Natural Environment CS17: Principles for the Built (Historic) Environment. CS18: Design of New Development CS19: Energy Conservation, Efficiency and Production in New Developments Eden Local Plan 1996 Saved Policies NE1: Development in the Open Countryside NE13: Protection of Trees SE1: Sewerage Disposal Material Planning Policy National Planning Policy Framework An Accessible and Inclusive Environment SPD June 2007 5. Implications 5.1 Legal 5.1.1 There are none arising directly from the recommendation in this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.3 Equality and Diversity 5.3.1 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.3.2 There are none arising directly from this report. 5.4 Environmental 5.4.1 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.4.2 There are no issues arising subject to compliance with the recommended conditions. 5.5 Crime and Disorder 5.5.1 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions.
37 Agenda Item 9a REPORTS FOR DEBATE 5.5.2 There are none arising directly from this report. 5.6 Children 5.6.1 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.6.2 There are none arising directly from this report. 5.7 Risk Management 5.7.1 Risk Management is a process whereby attempts are made to identify, actively control and reduce risk to protect the Council. This covers not only the traditional areas of insurable risk but also the organisational risk that the Council faces in undertaking all its activities. 5.7.2 There are no risks identified in respect to the recommendation in this report. 6. Reasons for Decision/Recommendation 6.1 The re-submission proposal introduces no material change in general form and policy terms from the application previously considered acceptable by the Authority in 2005 despite the continued high level of local objection. The proposed annexe building is considered to be a complementary addition to the existing care home by virtue of its respectful low profile form and siting within mature woodland against the existing care home and away from interests of acknowledged importance. The proposal is considered in accordance with the relevant provisions of the Eden Local Plan and Eden Core Strategy. Appropriate drainage, landscaping and tree protection measures are to be secured in the interests of biodiversity, environmental management and amenity.
Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer
Background Papers: Planning Application file: 13/0128 and 05/0499 Contact Officer: Adam McNally Telephone Number: 01768 212487
38 Agenda Item 9a REPORTS FOR DEBATE Item No 4 Eden District Council Planning Applications Committee 20 June 2013 Planning Application No: 13/0132 Use of land for the siting of a mobile home for an agricultural worker Highfield farm, Blencarn, Penrith For Mr S Wales
Head of Planning Services Site Plan:
39 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as an objector has requested a hearing. 2 Recommendation:
It is recommended that the application be approved subject to the following conditions: 1. The mobile home permitted shall be removed on or before 20 June 2016 and the land restored to its former condition in accordance with a scheme of phasing of work submitted to and approved by the Local Planning Authority at least 8 weeks prior to the 20 June 2016. Reason - In order to comply with the provisions of the Town and Country Planning Act 1990. 2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (Plan drawing Ref Nos B/SW/AWSC/P/01,02 & 03 dated as received by the Local Planning Authority on the 26 February 2013) and shall not be varied other than by the prior agreement in writing by the Local Planning Authority. Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.) 3. The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 336 (1) of the Town and Country Planning Act 1990, or in forestry, or a widow of such a person, and to any resident dependants. Reason - The site is within an area where the policy of the Local Planning Authority is not to permit residential development and the condition is designed to ensure that the proposed dwelling is available to meet the agricultural or forestry need for which the exception was made. 4. Notwithstanding the detail submitted with the application hereby approved, prior to the siting of the mobile home on the site, the exact nature, detail and colour type of the external cladding/painting to be used shall be submitted too and agreed with the Local Planning Authority in writing. The agreed finish shall be implemented prior to occupation and retained as such unless otherwise agreed in writing by the Local Planning Authority. Reason - For the avoidance of doubt and in order to secure a satisfactory form of development on the site in accordance with the provisions of the Eden Core Strategy Policy CS18. 5. The whole of the vehicular access area bounded by the carriageway edge and the highway boundary shall be constructed and drained to the specification of the Local Highways Authority. Reason - In the interests of road safety. 6. The mobile home shall not be occupied until the vehicular access and parking requirements have been constructed in accordance with the approved plan and brought into use. These facilities 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.
40 Agenda Item 9a REPORTS FOR DEBATE
Reason - To ensure a minimum standard of access provision when the development is brought into use. Note to Applicant: In the absence of sufficient justification, the Local Planning Authority is unlikely to support any further extension of time for the temporary use of the mobile home in question, in its attempt to seek to secure a more acceptable permanent solution for the site.
3 Report Details 3.1 Proposed Development: 3.1.1 Full planning permission is sought for the use of land for the siting of a temporary mobile home (42ft long x 12ft wide x 11ft 4 to ridge height) for an agricultural worker in relation to, and for the benefit of the existing Highfield farm, Blencarn. The farm extends to 47 hectares (116.14) and in addition has the benefit of extensive fell rights on both Kirkland Fell and Blencarn Fell. The applicant‟s father has farmed the agricultural unit, known as Highfield Farm since 1994, residing in Penrith, after the original farmhouse (Midtown farmhouse) which was owned by a third party landlord, was sold off separately. 3.1.2 The application is accompanied by an Agricultural Assessment, the previous submission 12/0888 having been withdrawn in the absence of such relevant supporting detail. 3.1.3 External colour finish for the mobile home is confirmed as environmental green. 3.2 Description of the Site and the Surroundings: 3.2.1 The application site, an “L” shaped plot of agricultural land, approx 0.12 hectares in size, is located immediately adjacent the applicant‟s own range of existing, relatively modern agricultural buildings, with access as existing from the Blencarn-Milburn (C. 3004). The site as a whole is located on the south western periphery of the settlement of Blencarn, outwith the boundary of the North Pennines Area of Outstanding Natural Beauty. Blencarn is not designated as a Local Service Centre in the Eden Core Strategy. 3.3 Relevant Planning History: 3.3.1 12/0888 - Full detail application - Withdrawn - 16 January 2013. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of a site notice, and neighbour notification letters. 3.5 Parish Response: 3.5.1 Culgaith Parish Council has considered this application and would like some further information as follows: - The height of the proposed mobile home, and - External finishing and/or cladding colours of the mobile home proposed.
41 Agenda Item 9a REPORTS FOR DEBATE The applicant, in an e-mail dated received on the 28 May 2013 has confirmed both the dimensions and external colour finish of the proposed mobile home. The Parish Council have been advised of these, and any further views received will be reported verbally at the meeting. 3.6 Consultation Responses: 3.6.1 Highway Authority - No objection subject to conditions. 3.6.2 United Utilities - No objection. 3.6.3 Neighbouring Residents/Others: Letters of objection received from the owner of Midtown Farm, with request to be heard at Committee, with their concerns being summarised as follows: - need or justification for residential caravan - adverse impact on character of village - adverse impact on neighbouring amenity and privacy 3.7 Main Planning Issues Raised: - Justification/need for a residential caravan. - Impact on character and neighbouring amenity. 3.8 Planning Assessment: 3.8.1 The application seeks full approval for the siting of a temporary mobile home for an agricultural worker in connection with, and for the operational benefit of the existing agricultural unit known as Highfield farm, Blencarn, with a view to applying for a permanent dwelling at a later date on the site this enables the viability of the holding to be confirmed one way or the other prior to the consideration of an application for a permanent agricultural workers dwelling. The application is thereby to be considered in relation to relevant retained Policies NE1, NE2 and HS7 of the Eden Local Plan and adopted Policies CS16, CS18 and the Housing Supplementary Planning Document (SPD) in terms of justification. 3.8.2 Following a previous withdrawal, under application Ref No 12/0888, the current application is now accompanied and supported by an agricultural appraisal prepared by PFK Land Agency which explains the background to the application and justifies the established functional need for an agricultural workers dwelling on the site in connection with the operational needs of the agricultural holding, the report concluding that: - “.. that it is essential that the person actively involved in running the farm is resident on the holding, being primarily for animal welfare reasons, particularly during calving and lambing times, although security is also a contributory factor… It is confirmed that the holding is financially viable and that the relevant financial tests are met by reference to the audited trading accounts.” 3.8.3 The detail submitted shows for the siting of a mobile home, with the footprint in parallel to the C3004 (Blencarn-Milburn) Rd, with modified access onto the site to provide for required onsite parking for two vehicles, all in close adjacent relationship to the applicants existing range of agricultural buildings.
42 Agenda Item 9a REPORTS FOR DEBATE 3.8.4 The siting and position of the mobile home, given the general fall of the land from north-east to south west is justified as thereby allowing gravity connection of foul drainage services to the adjacent road and foul sewer. 3.8.5 In addition to the above, the presence of the intervening public highway and the separation of the site from the objectors slightly more elevated dwelling, at Midtown farm, by approx 36.5m is taken as minimising any potential for significant and/or adverse loss to amenity through either over shadowing or overlooking, given the proposed height of the mobile home unit (not more than 12ft high to ridge) or the general nature and character of residential interrelationships in the vicinity. The right to, or potential for adverse impact on, a private view of a development is not a material planning consideration. 3.8.6 The applicant has confirmed that they would be happy to have the external cladding colour and/or finish currently indicated as environmental green to be the subject of a condition. This is recommended to be the case. 3.8.7 The application site is well related to the applicant‟s existing agricultural operation, and although outside of the immediate boundary of the North Pennies AONB, is in its siting not untypical of the relationship of other such similar agricultural and residential development to the settlement, and therefore its character as is found close by to the west of the application site. 3.8.8 The proposed creation and siting of the temporary unit of accommodation is therefore considered to be in reasonable accordance with the aims and criteria concerns of the above relevant adopted Policy and guidelines, and is unlikely to result in the unreasonable loss to either local amenity or adverse impact on the character of the settlement of Blencarn, or that of the AONB. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Affordable Housing Quality Environment Economic Vitality Quality Council Council on 7 February 2008 agreed fifteen strategic actions to achieve these priorities. 4.2 Relevant Local Plan Policies: 4.2.1 Eden Core Strategy: - Policy CS1 “Sustainable Development Principles” - Policy CS2 “Locational Strategy” - Policy CS3 “Rural Settlements and the Rural Areas” - Policy CS16 “Principles for the Natural Environment” - Policy CS18 “Design of New Development” 4.2.2 Eden Housing Supplementary Planning Document: - Agricultural Workers Dwellings.
43 Agenda Item 9a REPORTS FOR DEBATE 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 There are none arising directly from this report. 5.2.2 The Council has agreed an action plan to carry through the Balancing the Budget exercise. A key part of this is the Resource Allocation Categorisation which is designed to ensure that resource allocation reflects the Council‟s priorities. The full categorisation was agreed at Council on 7 February 2008 and the financial implications of any report must be consistent with this. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equalities Act, 2006 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 The Council has to have regard to the need to reduce crime and disorder in exercising its functions under the Crime and Disorder Act, 2004. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 The Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of its functions under the Children‟s Act, 2004. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 It is considered that there is a justifiable need for a temporary residential caravan on site at this stage in the development of the farm holding. The proposal is considered to be acceptable within its location and would not have a detrimental effect on neighbouring properties or the area in general sufficient to warrant a recommendation of refusal. As a consequence the proposal to provide temporary accommodation is considered to comply with the relevant policies of the adopted Eden Core Strategy. G Clark Head of Planning Services
44 Agenda Item 9a REPORTS FOR DEBATE Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: David Cox Telephone Number: 01768 212 476
45 Agenda Item 9a REPORTS FOR DEBATE
Item No 5 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0201 Erection of an 80kw wind turbine on a 30m monopole mast Sproat Ghyll, Orton for J A and M E Mawson Head of Planning Services Site Plan:
46 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 The application is before Members as the application is for a wind turbine and the Parish Council and an objector have requested a hearing. 2 Recommendation:
It is recommended that full planning permission be refused for the following reason; 1. In the absence of overriding justification, the proposed wind turbine is unacceptable by virtue of its‟ scale, incongruous appearance and prominent siting in the open countryside leading to an unacceptable over-industrialised impact upon the visual amenity and landscape character of the area, contrary to the provisions of Eden Local Plan Saved Policy NE1 and policies CS1, CS16, CS18 and CS20 of the Eden Core Strategy.
2. The applicant has failed to demonstrate through absence of a full site based noise survey that there will be no unacceptable impact upon persons at noise sensitive properties.
3 Report Details 3.1 Proposed Development: 3.1.1 Full planning permission is sought for one WES18 model 80kW twin blade wind turbine set on a 30m monopole mast, on agricultural land approx 590m to the northeast of Sproat Ghyll farm, Orton. The total blade diameter is 18m, meaning the total height from ground to blade tip is approximately 39m. The turbine is of a horizontal axis type design with 2 blades either side of the hub and nacelle. The mast is proposed to be dull grey with a galvanised metal finish, with off white blades, and nacelle a matt pale grey finish. 3.1.2 The turbine, for commercial use, is to feed electricity into the national grid and thereby support the farm business. The proposal is to involve the construction of a concrete foundation on which the turbine mast is to be mounted. An underground cable is then proposed to be laid linking the turbine both to the farmhouse/farm buildings and the national grid. 3.1.3 It is stated that the proposed turbine will have a maximum capacity of 135,000 kWh per year at an average wind speed of 5.6 m/s at this site. It is anticipated that the turbine could help reduce greenhouse gases by up to 70 tonnes per annum. 3.1.4 The application is supported by an environmental appraisal, visual impact appraisal report with photomontages, noise report example (based on a site in the Netherlands) and statement and wind turbine specification.
3.2 Description of the Site and the Surroundings: 3.2.1 The site of the proposed turbine is situated within attractive, elevated rolling open countryside (defined by the Cumbria Landscape Character Guidance as Landscape sub type 12d “Moorland and Common”) on agricultural land adjacent (to the south west) a line of existing wooden electricity poles (measuring approximately 10m in height). Generally, the land form steadily rises from the applicants‟ associated Sproat
47 Agenda Item 9a REPORTS FOR DEBATE Ghyll farm and the adjacent public highway, in a north-easterly direction towards the summit backdrop of Crosby Ravensworth Fell. The site itself is located approximately 1/3rd of a mile to the north east of the M6 south bound carriageway, and approximately 1 mile to the west of the village and settlement of Orton. The site is accessed off the Scout Green Road (3273) which links Scout Green, and its hinterland to the village and settlement of Orton. 3.2.2 The surrounding land is agricultural grazing with field parcels predominantly bounded by dry stone walls. A small number of mature trees, in the form of a copse, exist within the immediate vicinity of the turbines proposed location. The site is remote from any housing development. The nearest non-associated dwelling is located, at Moor House farm, to the south east, and approximately 458m from the proposed site. 3.2.3 The eastern boundary and fells of the Lake District National Park are situated approximately 2 1/2 miles to the west of the application site. The site is however located on the northern boundary of the proposed possible future extension to the Yorkshire Dales National Park. The applicants main farmhouse and associated buildings at Sproat Ghyll Farm are situated adjacent to the east of the south bound carriageway of the M6 motorway. The farm complex is situated, on lower ground, approximately 590m from the site of the turbine across fields, with access via an existing hardcore farm access track, over part of which runs a footpath/bridleway (355049) right of way. 3.3 Relevant Planning History: 3.3.1 There is no planning history relevant to this report. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of a site notice and neighbour notification letters. At the time of writing (28 May 2013) there has been received 98 signed letters indicating support and 62 individual letters of objection. 3.4.2 The following comments from groups and individuals, the majority of which are in the form of a signed only standardised response letter format, have been made in support of the application, and are summarised as follows: The erection of the wind turbine would be a wonderful addition in the effective, efficient running and diversification of their farm and business. The turbine is both environmentally friendly and would cut down significantly on the applicants carbon foot print. This is a more safer and cleaner alternative to nuclear which would not be a blot on the landscape or surrounding area and not damage the environment, Being aesthetically more pleasing than pylons which are scattered across the countryside. I believe that the erection of the wind turbine is within the best interest of this Country and Sproat Ghyll farm has my full support that will benefit the farm and the national grid. An ideal and eco friendly project that requires full acceptance and support by all. 3.4.3 The following comments have been made/summarised in objection to the application;
48 Agenda Item 9a REPORTS FOR DEBATE Strong objection locally and when viewed from the national park, where approval might jeopardise further expansion of the relevant boundaries currently being considered by Natural England, and be of detriment to the visitor economy in detracting from the qualities and values of such National landscape designations. Wind farms are not an economical source of electricity and an eyesore. The Orton/Tebay is a beautiful area that attracts huge numbers of visitors. Please keep it that way. In it‟s similarity of approach, refusal of this application would represent a consistency of concern and approach in the light of the recent Nook Farm, Shap (12/1029) refusal decision. The wind energy‟s own body BWEA (now Renewable UK) published research in 2006 (as quoted by the applicant) also said that 22% of tourists to Cumbria would be put off by wind energy development. A more recent poll shows that 43% of those who visit scenic areas in the UK for their beauty and natural heritage would be less likely to visit a scenic area with wind farms. Approval of the Sproat Ghyll turbine would open up the flood gates for large scale commercial developments in this area which is of exceptional scenic value, especially given the close proximity of the two relevant National Parks, and/or envisaged extensions. The site is an upland area with views to and from the Lake District to the west, and from the Orton Scar area and Howgills. The aesthetic and visual impact of this construction is detrimental to the beauty of the landscape. It will adversely affect the view westwards to the Shap Fells, south west to the Bretherdale and Roundthwaite Commons, and southwards from the Tebay Fell/Lune Valley and Northern Howgills. It will be seen from Tebay Village and the M6 and be visible for many miles around. If the turbine was erected the cumulative effect of adding a further solid and sometimes moving structure would inescapable draw attention to the industrial structure and detract from enjoyment of this landscape, which is in itself a visitor attraction. This wind turbine would be visually prominent in this simple, attractive, tranquil landscape with its scattered villages and farmsteads. The turbine will adversely impact on the villages of Orton (a Conservation Area) and Tebay and the surrounding countryside itself. The height is very unreasonable given the proximity of nearby major roads raising issues of safety. Whilst a small turbine, better related physically and visually to the farm might have limited adverse amenity impact, the scale and location of this proposal is such that it will have significant and unacceptable adverse visual impact on the surrounding area. The turbine will cause disturbance, particularly noise, vibrational and flicker disturbance. Experience has shown that noise can „funnel‟ very many km/miles and even end up amplified, and or impact as such at a far distance. This turbine will require a concrete foundation in the region of 50 tonnes, together with tracks leading around the site. These would cause irreparable damage to the local eco-system.
49 Agenda Item 9a REPORTS FOR DEBATE Any energy contribution beyond that used on the site is negligible. A study commissioned for DECC and published in 2009 (AEA Technology, UK Small Scale Wind Survey, May 2009) clearly demonstrates that the actual average output of such turbines is under 10% of the rated capacity. The contribution stated in the proposal is 19% which is a gross exaggeration. Any CO2 savings are calculated from the power output which are therefore overstated by at least 100% and do not take into account the manufacturing energy expenditure. There is no evidence provided that it will help sustain countryside management and diversify Sproat Ghyll farm. No ecology study has been provided which would reveal the extent of wildlife and rare plants and potential harm the turbine could do. The negligible benefits are far outweighed by the negative impact. If granted, it sets a dangerous precedent for further similar developments. The application is not in the public interest and should be refused. Proximity of the turbines‟ siting in relation to a public bridleway may be of danger to its safe use by horse riders. 3.5 Parish Council Response: 3.5.1 Orton Parish Council overwhelmingly object to the application, recommending that this application be Refused, and making the following comments; It is considered that the location and size of this proposed wind turbine is unacceptable in open countryside, in an area of significant environmental quality which may shortly be within the boundary of the Yorkshire Dales National Park. The visual impact of this erection, 40m (125ft) to the blade tip, from a wide area of the surrounding countryside would be unacceptable. Located close to a public bridleway it is potentially hazardous to riders as horses are known to be spooked by the rotating blades. When compared in size with electricity pylons, etc. it is noted that these are static items. It is the movement of the blades which draws attention and interferes with the peace of the countryside. The claim for production of “Green” energy is minimal compared with the negative effects on the environment. It is believed that the actual net quantity of power to be produced would be substantially smaller than claimed in the application documentation. There is evidence that acceptance of this one installation would create a precedent leading to a proliferation of such units throughout the local area. 3.6 Consultation Responses: Highways Authority - It is noted the Access statement advises the turbine is broken down into components that are deliverable by normal Construction and Use compliant lorries and these are to be routed via the B6261 to Orton then along the U3273, thence along a farm track west of Sproat Ghyll Farm, which is in part Public Bridlepath 355049. Thus the submitted details are acceptable to this Authority as long as any damage caused to the Bridleway surface is made good on completion of the installation.
50 Agenda Item 9a REPORTS FOR DEBATE MoD - No response to date, any response received to be verbally reported at the meeting. Rory Stewart MP Response: I am very keen to put on record my own objection to application 13/0201 regarding the erection of wind turbines at Orton, and wish to support those constituents who have similarly expressed their strong concerns about this. I believe this application should not be allowed for three reasons. First it is directly against the expressed interests of the majority of the community in the area. This is their landscape, their community, and they should be able to determine except in the most extreme circumstances the future and nature of their locality. Second, the construction of such turbines will have a deep and long term negative impact on the economy of Cumbria. Tourism is our main income earner - bringing in over a billion pounds a year - this tourism is directly dependent on our natural landscape (far more than in other parts of the U.K which may have tourism based on sun, our food, or historic buildings; people come to Cumbria for its wild and unspoilt landscape). The views are what makes tourism our single largest income-earner, supporting over ten thousand families in Penrith and the Border. The landscape is precious in and of itself for residents and indeed for everyone in Britain. Finally, Dieter Helm of the Professor of Climate Science at Oxford has established that one could achieve the same reduction in carbon emissions currently planned through all wind turbine construction by converting our existing coal-fired stations to gas, and at a fraction of the cost. (The new discoveries of shale gas in the US and Europe answer many of the concerns people had, even eighteen months ago, about energy supply and energy security, and Cumbria is already doing an enormous to generate non-carbon emitting energy). But it is the central arguments of landscape, economy, and above all community wishes that matter in this case. My hope, therefore, is that we can as Cumbrians harness the strength of our opposition and highlight the importance of our landscape to our economy and our lives, and stop trying to force such developments through. Friends of the Lake District - Object to the proposed turbine in its current form and position. The proposed position and 31m height of the turbine, set up the hill to the north east of Sproat Ghyll farm will cause it to be visible from local roads, public rights of way and from the M6. A smaller turbine placed closer to the farm where it would benefit from some screening by the trees surrounding the farm and from the lie of the land would cause less visual impact whilst still sitting on a south west facing slope thereby accessing the maximum wind resource. We suggest that the applicants look at a different position for a turbine which makes use of the lie of the land and tree belts to provide more screening; and explore lowering the height of the turbine to make it more in keeping with the neighbouring turbine which was erected to the east at Moor Farm. Environmental Health Officer - This is the second application from these agents using this (type) of turbine (See Nook Farm, Shap (12/1029) which was refused for reasons including inadequate noise information).
51 Agenda Item 9a REPORTS FOR DEBATE Both sites are close to the motorway and neither started off with a noise assessment. Unfortunately the proposed turbine, the WES80 is based upon an older model, the LW18/80. The LW18/80 turbine was developed in the late 1980‟s and modern turbines are different, and the difference should be demonstrated. Secondly, the current turbine needs to meet BS EN61400-11. This is the current standard for turbines, and no information is supplied that demonstrates compliance with the BS. It is to be expected that some kind of noise assessment of impact of the turbine at the nearest noise sensitive properties should be provided. A simple noise report example and statement by the applicant that noise will not be an issue is not sufficient. Shell/Essar Oil UK Pipeline - None of the pipelines in the vicinity, from the Stanlow complex should be affected by the proposed works. 3.7 Main Planning Issues Raised: Benefits raised through renewable energy and consequent reduction in Carbon emissions in the context of national targets. Diversification of rural enterprise and economic benefits that may arise. Scale, siting and design and the visual impact and impact upon landscape character of area including National Park and possible extensions. Impact upon tourism economy. Impact upon highway safety. Noise impacts upon local amenity. Impact upon ecological interests. Concerns over precedent. 3.8 Planning Assessment: 3.8.1 Government policy within the National Planning Policy Framework encourages renewable energy schemes and requires local planning authorities to positively promote energy from renewable and low carbon sources while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts. 3.8.2 The Government is committed to providing 15% of national energy source through renewable energy by 2020. 3.8.3 Policy CS20 of Eden District Council‟s Core Strategy supports renewable energy proposals where there will be no significant unacceptable effects which cannot be mitigated or are not outweighed by the national and regional need for renewable energy development or the wider environmental, social and economic benefits that the scheme may bring. Policy CS18 of the Core Strategy requires new development to show a clear understanding of the form and character of the District‟s built and natural environment, complementing and enhancing the existing area, and protecting and where possible enhancing the Districts distinctive rural landscape, natural environment and biodiversity. 3.8.4 Saved Policy NE1 of the Eden Local Plan requires new development in the open countryside to meet local infrastructure needs or if a need is established in the
52 Agenda Item 9a REPORTS FOR DEBATE location which is sufficient to outweigh environmental cost. The policy further requires development to be appropriately sited with landscaping to minimise impact, the design and material to be appropriate to the location and for no unacceptable level of harm to be caused upon interests of acknowledged importance. 3.8.5 The Cumbria Wind Energy Supplementary Planning Document identifies the site as within an area of moderate/high landscape capacity. This zone is recognised as a Landscape sub-type 12d “Moorland and Commons” area and the assessment suggests that small individual turbines may be acceptable, however this must be balanced against the specific site impacts. A key limiting factor is the open character of this type (of landscape) whereby any development is likely to be widely visible with only localised containment by relief or trees. This is liable to exacerbate potential problems of over dominance and intrusion relative to historic villages, and prospect from tourist routes and viewpoints both within this type and from the nearby fells of National landscape importance. 3.8.6 In assessing the application, the proposed turbine will produce up to 135,000 kWh per year and reduce greenhouse carbon gas emissions by up to 70 tonnes per annum. This is not so insubstantial and clearly carries weight in favour of the scheme that will help towards reaching the Government‟s national renewable energy target of 15% by 2020. Likewise, weight is attached in favour of the application to the farm being able to reinvest its energy costs back in the local economy. 3.8.7 While there are clearly tangible benefits to be had by the proposal as with any renewable energy proposal, in this instance there are considered to be far worse negative impacts that result in the proposal being considered unacceptable. 3.8.8 It is considered that a fundamental objection exists in respect to a harmful impact upon the visual amenity and landscape character of the area. The turbine is proposed to be sited on elevated, rolling open countryside. As confirmed in the Zone of Theoretical Visual Influence Maps (see Appendix 1), the turbine at both hub (30 m) and blade tip (39m) will be seen in all directions from large areas of surrounding land at both short and long distances. This includes the attractive immediate open countryside at the application site, the surrounding Orton/Tebay Moorland, Common and Scar, the Northern Howgill Fells and the eastern fells of the Lake District National Park. The site location affords an attractive intermediate landscape setting to the nearby National Park (approximately 2 ½ miles to the west) while also being attractive when observed within its own immediate surroundings. This would of course be more immediate, if and when the National Park Boundaries of the Lake District and Yorkshire Dales were to be revised. The turbine would be hidden in part or in full within the land form at only a few locations from the public realm. The existence of similar sized vertical pylons in the distant and broader landscape vicinity and the M6 motorway are not considered to alleviate the considered harmful impact upon visual amenity and landscape character. The M6 is generally positioned within the land form and the pylons are of a fixed lattice design. Through such visual impact mitigation measures the existing level of industrialisation is considered to be at a level that does not overburden the high standard of visual amenity and intrinsic landscape character of the site concerned. The turbine, through its scale, form and twin blade rotation will draw far greater visual prominence and attention to the location than existing man made structures and roads. The turbine will introduce a level of industrialisation to the landscape that is considered harmful and overburden some to the visual amenity and character of the attractive open countryside, historic villages. The level of harm is
53 Agenda Item 9a REPORTS FOR DEBATE exacerbated in light of the high numbers of persons/receptors that pass by the area on main tourist/transport routes - such receptors gain a high appreciation of the visual amenity and landscape quality in light of the existing qualities. In summary, the application is considered fundamentally unacceptable by virtue of its harmful impact upon visual amenity and landscape character aside from any further concerns to be discussed. 3.8.9 Objections have been received that the turbine will directly harm the area‟s tourist economy. There are various reports and surveys that point towards their turbines either being a draw or putting people of visiting an area. In looking at the application, attention must be drawn towards fact. There is not considered to be any firm and robust demonstrable evidence that could support the objectors‟ assertions that the proposed wind turbine will affect the area‟s tourist industry. 3.8.10 Turning to concerns raised in respect to perceived harmful distraction of drivers using the adjacent main routes, it is noted that the Highways Authority have no objections in this regard in light of the separation distances from such routes. 3.8.11 Objections have been received in respect to the application not containing evidence demonstrating that there will be no adverse noise impact upon noise sensitive premises including private dwellings. The applicant has not put forward site specific measurements in respect to the application site and surroundings. A statement has been made that noise was not a concern given the siting and location of this turbine. There is no evidence to support this statement. The Council can not be sure that there will be no unacceptable noise impact unless it is provided with demonstrable evidence. In this regard it is also recommended that the application be refused. 3.8.12 Concerns have been raised regarding perceived harmful ecological impacts that the turbine will bring. A full ecology report has not been requested in light of aforementioned fundamental objections. Should Committee be minded to approve the application, it is considered that the ecological impacts could be reasonable controlled through a condition precedent requiring information and any identified mitigation measures to be put in place prior to the commencement of the development. 3.8.13 Turning to concerns over precedent, while each application is to be judged on its own merits it is considered that should the Council approve the application for the wind turbine it will lower the landscape quality and future resilience against other possible similar unacceptable wind turbine schemes in the area. 3.8.14 In conclusion and in balance of the merits and negative impacts of the proposal, it is considered that the harmful impact upon visual amenity and landscape character far outweigh the benefits. In this respect the application is considered contrary to the provisions of Eden Local Plan Saved Policy NE1 and policies CS1, CS16, CS18 and CS20 of the Eden Core Strategy. The application also fails to demonstrate that there will be no adverse noise impacts. It is therefore recommend that the application be refused for the reasons outlined in this report. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment
54 Agenda Item 9a REPORTS FOR DEBATE Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Eden Core Strategy CS1: Sustainable Development Principles CS16: Principles for the Natural Environment CS18: Design of New Development. CS20: Renewable Energy. 4.5.2 Eden Local Plan (Saved Policies) Policy NE1 - Development in the Open Countryside 4.5.3 Supplementary Planning Guidance: Cumbria Wind Energy Supplementary Planning Document Cumbria Landscape Character Guidance and Toolkit (LCGT) Eden Farm Diversification Planning Document 4.5.4 National Planning Policy Framework 5. Implications 5.1 Legal 5.1.1 There are no legal implications to report as a result of the recommendation. 5.2 Financial 5.2.1 There are no financial implications arising directly from this report. 5.2.2 In adopting the Corporate Plan 2011-2014, the Council confirmed its use of its stated Resource Allocation Categories. These help the Council prioritise the allocation of funding to reflect corporate priorities. The financial implications of any proposal must be consistent with this. This service falls within category B for resource allocation purposes. This category includes services which are a corporate priority and where modest but consistent improvement is required and Investment would be made either: i) to make modest improvement to existing performance; or ii) on an „invest to save‟ basis to improve performance related to a business case; or iii) where new legislation/standards are imposed.
5.3 Equality and Diversity 5.3.1 There are no equality and diversity implications arising directly from this report.
55 Agenda Item 9a REPORTS FOR DEBATE 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 Refusing this application will have implications upon the Governments overall renewable energy target of achieving 15% of its energy consumption by renewable sources by 2020. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are no crime and disorder implications arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are no child welfare implications arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are no risk management implications arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 On balance and in the absence of overriding justification, the proposed wind turbine by virtue of its scale and prominent siting in the open countryside would have an unacceptable impact upon the visual amenity and landscape character of the surrounding area, contrary to the provisions of Eden Local Plan Saved Policy NE1 and policies CS1, CS16, CS18 and CS20 of the Eden Core Strategy. The applicant has further failed to demonstrate that there will be no unacceptable impact upon persons at noise sensitive premises.
G Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer Background Papers: None Contact Office: David Cox Telephone Number: 01768 212476
56 Agenda Item 9a REPORTS FOR DEBATE
Item No 6 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0234
Proposed siting of a 1 x 36.4m high (hub) wind turbine and associated development at Harrington Ling Farm, Southwaite for Mr Turnbull Head of Planning Services Site Plan:
To Southwaite To High Hesket
Application site
N To Calthwaite
57 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members as the application is for a wind turbine and the Officer recommendation is contrary to the view of the Parish Council. 2 Recommendation: That the proposed planning application as set out in this report be refused on the following grounds: 1. In the absence of overriding justification, the proposed wind turbine is unacceptable by virtue of its scale, incongruous appearance and prominent siting in the open countryside leading to an unacceptable impact upon the visual amenity and landscape character of the area, contrary to the provisions of Eden Local Plan Saved Policy NE1 and policies CS1, CS16, CS18 and CS20 of the Eden Core Strategy.
3 Report Details 3.1 Proposed Development: 3.1.1 Full planning permission is sought for a single three blade wind turbine set on a 35.4 metre monopole at Harrington Ling Farm near High Hesket. The turbine rotor diameter is 19.2 metres meaning the height to blade tip is 46 metres. The turbine is to primarily generate electricity for use on the farm with any excess to be fed back to the grid. The application is supported by a noise report and a design and access/planning statement that includes amongst other things a landscape impact assessment with photomontages. 3.2 Description of the Site and the Surroundings: 3.2.1 The turbine is to be situated on in an agricultural field, approximately 70 metres north west of the agricultural buildings at Harrington Ling Farm, which is approximately 1 kilometre west of High Hesket and the A6. The application site is generally flat, with the land in general gently sloping away from the A6 down towards the River Petteril. The nearest non-associated neighbour is located approximately 240 metres to the south east of the turbine location. There are also a number of residential properties approximately 260 metres to the north of the site. 3.3 Relevant Planning History: 3.3.1 None that is relevant to this report. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of site notice posted and immediate neighbour letters sent. Two letters/emails of objection have been received which can be summarised as: A turbine would be visually and noise intrusive to my home, approximately 250 metres away. It would be clearly visible from high points of the A6, from passing passenger traffic on the railway, from the M6 motorway and from most houses on the west side of High Hesket. Do tourists wish to see tall wind turbines on the fringes of the Lake District and the Eden valley?
58 Agenda Item 9a REPORTS FOR DEBATE What is the Council‟s policy on the number of turbines which you would sanction in the Hesket or other rural areas? Will it be one, or more, for every farmer who applies for planning permissions? Granted that farmers‟ income are under pressure and they are encouraged to diversify 3.5 Parish Council Response: 3.5.1 Hesket Parish Council has no objection to this planning application. 3.6 Consultation Responses: 3.6.1 Highway Authority - No objection. 3.6.2 Environmental Health - No objection subject to conditions. 3.7 Main Planning Issues Raised: Scale, siting and design and the visual impact within open countryside. Diversification of rural enterprise and environmental benefits. 3.8 Planning Assessment: 3.8.1 Government policy within the National Planning Policy Framework generally encourages renewable energy schemes but also offers protection for the environment and the landscape. 3.8.2 Policy CS20 of the Core Strategy supports renewable energy proposals where there will be no significant unacceptable effects which cannot be mitigated or are not outweighed by the national and regional need for renewable energy development or the wider environmental, social and economic benefits that the scheme may bring. Policy CS18 requires new development to show a clear understanding of the form and character of the District‟s built and natural environment, complementing and enhancing the existing area, and protecting and where possible enhancing the Districts distinctive rural landscape, natural environment and biodiversity. 3.8.3 Saved Policy NE1 of the Eden Local Plan requires new development in the open countryside to meet local infrastructure needs or if a need is established in the location which is sufficient to outweigh environmental cost. The policy further requires development to be appropriately sited with landscaping to minimise impact, the design and material to be appropriate to the location and for no unacceptable level of harm to be caused upon interests of acknowledged importance. 3.8.4 The Cumbria Wind Energy Supplementary Planning Document identifies the site as within an area of moderate landscape capacity. This suggests that a small group of wind turbines could be acceptable in principle in this location subject to all other planning considerations. The primary planning consideration in this instance is the turbines‟ impact upon the visual amenity and character of the landscape. 3.8.5 In landscape impact and visual amenity terms, the proposed turbine is a sizeable structure and will be clearly visible within an attractive open countryside setting. Both short and long range views of the turbine location will be possible from all directions as the field is surrounded by public roads in relative close proximity. The existing landscape form does not afford well the ability to screen the turbines, although from some views the turbine will be screened by trees and mature hedgerows. It is considered that the turbines will appear highly prominent and alien in the open
59 Agenda Item 9a REPORTS FOR DEBATE countryside and result in a harmful impact upon landscape character and visual amenity. In particular, attractive views from the A6 across to the Lake District in the west will be harmed by the introduction of the turbine as will views from the M6 towards the Pennines. Such views are considered to be valuable to residents and visitors enjoyment of this part of the Eden area and should not be compromised. 3.8.6 While there are nearby vertical structures including trees, telegraph masts, a telecommunications mast at the farm and the West Coast Mainline overhead railway pylons, such features are far smaller than the proposed turbine and they do not assist in reducing the considered harmful visual prominence to acceptable levels. The considerable size difference means that a receptor will be unable to draw a distinctive visual relationship. Although there is no right to a view, the turbine when viewed from the properties to the north of the site will appear dominant and overbearing and will render the properties in close proximity to the application site as a significantly less attractive place to live. The motion of the blades would be persistently obtrusive and potentially disturbing seen from the seven properties with outlooks towards the application site. 3.8.7 As to whether or not the wider environmental and rural diversification benefits are sufficient to outweigh the harmful visual and landscape impact in relation to the Government‟s strategy of promotion and support of small scale wind energy generation, it is acknowledged that the turbines will in a small measure help meet the Governments renewable energy source targets and reduce Carbon emissions. The turbines will also provide a valuable form of economic diversification to the farm to help reduce its overall running costs. This in turn will make it more likely for reinvestment in the business and deliver a wider rural economic benefit. The proposal therefore carries weight as a valid farm diversification argument in line with the Council‟s supplementary planning guidance. 3.8.8 However on balance and in conclusion, the benefits of the wind turbines are considered limited and not sufficient to overcome the significant harm to the visual amenity and character of the landscape. In this respect the application is contrary to the provisions of Eden Local Plan Saved Policy NE1 and policies CS1, CS16, CS18 and CS20 of the Eden Core Strategy. It is therefore recommend that the application be refused for the reason outlined in this report. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Core Strategy DPD policies:
60 Agenda Item 9a REPORTS FOR DEBATE CS1: Sustainable Development Principles CS16: Principles for the Natural Environment CS18: Design of New Development. CS20: Renewable Energy: 4.5.2 Eden Local Plan policies: NE1 - Development in the Open Countryside 4.5.3 Supplementary Planning Guidance: Cumbria Wind Energy Supplementary Planning Document. Eden Farm Diversification Planning Document. 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 There are no proposals in this report that would reduce or increase resources. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 On balance and in the absence of overriding justification, the proposed wind turbine by virtue of its scale and prominent siting in the open countryside would have an
61 Agenda Item 9a REPORTS FOR DEBATE unacceptable impact upon the visual amenity and landscape character of the area, contrary to the provisions of Eden Local Plan Saved Policy NE1 and policies CS1, CS16, CS18 and CS20 of the Eden Core Strategy.
G Clark Head of Planning Services
Checked by or on behalf of the Monitoring Officer
Governance Checks: Background Papers: Contact Officer: Aimee Richardson Telephone Number: 01768 212486
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Item No 7 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0121 Outline Application for a Liquid Storage Tank and Containment Bund with Approval Sought for Access, Landscaping, Layout and Scale Quarry Garage, Stainton, Penrith For L Sawrij Head of Planning Services
Site Plan:
63 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members because an objector has requested a hearing and the recommendation is contrary to that of the Parish Council. 2 Recommendation:
It is recommended that outline planning permission be approved subject to the following conditions: 1. The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of reserved matters to be approved, whichever is the later. 2. Application for approval of the remaining reserved matters (appearance) shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. Approval of the details of the external appearance of the tank (called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 4. The development hereby granted shall be carried out in strict accordance with the layout, scale and access details as shown on plan no. 1656-12-01 Rev C dated Sept 12 and shall not be varied other than by prior agreement in writing with the Local Planning Authority. 5. The development shall be carried out and operated in accordance with the Odour Management Plan version 2, received dated 5 June 2013 and shall not be varied unless otherwise agreed in writing by the Local Planning Authority. 6. There shall be no more than 4 daily associated tallow tank tanker movements (ie 2 tanker entering and leaving the site) hereby approved and at no time shall such tanker(s) enter or leave the site during 20:00 - 08:00 hours. Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. In order to comply with the provisions of the Town and Country Planning Act 1990. 3. The application is in outline form only and is not accompanied by full detailed plans. 4. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 5. In the interests protecting local amenity, pursuant to the requirements of Eden Core Strategy Policy CS18 - Design of New Development. 6. In the interests protecting local amenity, pursuant to the requirements of Eden Core Strategy Policy CS18 - Design of New Development.
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3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks outline planning permission for a vertical liquid storage tank and containment bund with approval sought for access, landscaping, layout and scale. The appearance of the tank is a matter reserved for future consideration (The Reserved Matters). 3.1.2 The tank is to be a twin chamber, each equal to approximately 1272 cubic metres. The tank is to measure 18.2 metres in diameter and 11.4 metres in height to the roof tip. The tank is to be constructed in prefabricated steel and finished in a colour to be agreed. The final design of the tank is to be submitted but indications are that it is likely to be circular with a domed roof in Juniper Green (British Stand Colour 12-B-29) as used on the most recently constructed storage buildings. 3.1.3 The tank will be set within a reinforced concrete bund wall capable of holding 110% of liquid stored in the largest chamber. The internal face is to be finished in an impermeable layer to ensure the bund will not leak. The bund footprint measures 27 x 24 metres. The ground level is proposed to be lowered by 0.5metres in order to set the tank down below current land level and reduce its height above the quarry floor. No landscaping is proposed in this development. 3.1.4 The tank is to store tallow liquid that is understood to be transported from the applicant‟s Omega Proteins (formerly Alba Proteins) business at Wildriggs. 3.1.5 The application is supported by a layout and cross section plan, Design and Access statement, supporting planning statement and Odour Management Plan. The Odour Management Plan has been requested as a pre-requisite requirement to the determination of this application so that the development‟s impact upon amenity against nearby sensitive receptors and odour mitigation measures can be appropriately assessed. The Odour Management Plan is appended in this report. 3.2 Description of the Site and the Surroundings: 3.2.1 The site is situated off the A592 Ullswater road approximately 300m to the south of the A66. The site was an abandoned quarry until its use for haulage purposes began in the 1970‟s when consent for the same was granted on appeal. 3.2.2 The site compound is set within the landscape on the former quarry floor. The site compromises various existing haulage and storage buildings that have the benefit of planning permission, including the large extended storage building granted planning consent under planning references10/0396 and 10/0545 - see section 3.3 for further information in this regard and how such permission has effected the overall planning use status of the site. The site of the proposed tallow tank is set within a hollow area in the north east corner of the site that is set generally 1 - 2 metres lower than the main part of the site. 3.2.3 A public footpath is situated adjacent to the south of the site from which the site is can be overlooked in its entirety. The site can further be viewed at longer distances from the Redhills road and A66 and across fields at an even greater distance from the Sockbridge/Tirril area. 3.2.4 Approximately 50metres to the south of the site at the other side of the public footpath lies a large egg production building. The closest private residence is Haresgill situated
65 Agenda Item 9a REPORTS FOR DEBATE approximately 50metres to the west of the site. The Rheged visitor centre is located roughly 150metres to the north of the site. 3.3 Relevant Planning History: 3.3.1 74/0635 - Proposed Transport Haulage Depot including Workshop, approved at Appeal under appeal ref: APP/5165/A/74/12175 dated 19 January 1976 subject to conditions including that the site and buildings shall only be used for the business of the transport undertaking operating from the appeal site and for no other purpose. 09/0394 - Erection of Storage Shed, approved 20 August 2009 but development not carried out in accordance with approved plan, hence; 10/0545 - Retrospective Application for The Erection of a Storage Shed, approved 19 August 2010 subject to conditions. 10/0396 - Extension to Existing Commercial Building, approved 19 August 2010 subject to conditions. 3.3.2 Questions have been raised by public in respect to the lawful use status of the site since first approval as a haulage depot at appeal in 1976. The use of Quarry Garage in planning terms has changed and evolved from the haulage depot previously approved in 1976. The approval of the storage sheds in 2010 introduced an associated storage/distribution element to the site‟s haulage use. However, the associated storage and distribution is regarded to be lawfully permissible in association with the existing single haulier at the site only and it could reasonably accommodate the storage use now proposed. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of a site notice and neighbour notification letters. There were 6 individual letters of objection from nearby residents and the Rheged Discovery Centre and a petition letter signed by 9 other objectors with comments summarised as follows; If approved a precedent would be established allowing the applicant (and/or other Leo Group Companies) the opportunity to obtain approval for more additional storage tanks resulting in the formation of an extensive Tank Farm. Tallow is a direct product of the Omega Proteins process plant at Wildriggs/Penrith and additional facilities should be accommodated at that site so as to restrict the industrial operations to that site. If approved, precedent will be set that Quarry Garage can be used and/or considered as an extension to the Wildriggs Site and its associated industrial activities. This would allow The Leo Group to develop the site into an extremely intensified industrial site, which EDC would have very limited control and be unable to monitor. The proposed storage tank is not related to the site and is therefore outside the designated usage of the site. Scale of the tank will have a detrimental visual impact on the surrounding countryside, visitors to Rheged, the walkers using the public footpath between Stainton and Sockbridge. The site is an attractive rural area, very close to the Lake District National Park. Any structure must be appropriately screened within the
66 Agenda Item 9a REPORTS FOR DEBATE Quarry walls with associated landscaping. Without this the structure will be unattractive and overbearing. It is not necessary to build such a tall structure when a low level and wider footprint tank would hold the same capacity. There should be a condition to avoid obtrusive lighting causing light pollution. Original planning decision was restricted to repair of vehicles directly associated with the transport company and no material was to be stored on site. This was to prevent a general industrial use being established to the site. In addition, it was prohibited for the site to be used as a staging point by vehicles from other undertakings. The application contravenes these conditions. The application would result in additional heavy road tanker traffic (arrivals/departures) at the site and cause extra flow of traffic through villages of Stainton and Newbiggin. We cannot assume the vehicles would use only major roads. The increased use would be a nuisance especially to residents close by/en- route to site. The current level of site activity/volume of vehicles is very excessive (24hours, 7 days a week), far in excess of original planning criteria in 1976 (single small company - not operator who appears to use site for great number of subsidiary companies). There are environmental concerns re: possible odours during loading/unloading, plant malfunction, management failures and this will be difficult and costly for EDC to monitor effectively. Westmorland (Rheged) is a food manufacturing and catering business and site visited by 500,000 people a year. The site is a short distance and in the line of prevailing wind. We fear the contents of the tank will be derived from dead animals, decomposed and often diseased. We are strongly opposed to the storage of animal residues of any kind, especially those relating to stock that have died from disease and would be in a state of decomposition. This would pose a clear public health risk to our business. 3.4.2 The Parish Council object to the application and comment as follows: Dacre Parish Council objects to this outline application and wishes to invite a site visit. Dacre Parish Council believes that the proposed use does not comply with the operating licence granted by VOSA, in particular; b - Finished product brought onto the site will not be transferred between vehicles or containers/tanks. In additional Councillors are concerned in respect to the following: Concern that this is 'planning creep' and the site will end up as an extension of the Wildriggs site. The applicant says he is an 'established haulier'; the DoE Inspector at the Planning Appeal for the site (1976) indicated that it should be used only for haulage purposes, not storage. VOSA license does not allow transfer of products from vehicles to Tanks. The applicant states that 'meat' is currently stored on the site (p2). Is this licensed? Applicant states that site has been used for storage since 1970 (patently incorrect);
67 Agenda Item 9a REPORTS FOR DEBATE Concern about an increase in vehicle movements. Effects on the local visual amenity. n the context of Policy CS14 the PC consider that the proposed change of use is inappropriate, in that the business that is seeking to expand is one which an established one which has either already caused nuisance or by virtue of its expansion would intensify that nuisance. For your information this is the PC's current understanding of the conditions imposed by VOSA; Alba Proteins Ltd hold licence OC1038921 and as you state they are authorised to use Quarry Garage, Stainton, Penrith, CA11 0EB as an operating centre. They are authorised to operate 18 vehicles and 40 trailers from the site and are subject to the following condition and undertakings: Condition: Under no circumstances will any authorised vehicle park at the Quarry Garage Operating Centre for any reason (including re-fuelling or emergency repairs) or for any period unless, prior to its arrival at Quarry Garage: (i) its last or current load of animal raw material has been fully discharged, and (ii) it has thereafter been subject to thorough and effective internal washing Undertakings: a. Only finished, stable (frozen, chilled, dry products, or liquid oil in sealed containers) will be brought to Quarry Garage; b. Finished product brought onto site will not be transferred between vehicles or containers/tanks; c. Odour from authorised vehicles will be prevented; d. There will be no internal washing of authorised vehicles at Quarry Garage; e. Until the workshop can be upgraded by replacing the existing roof panels with insulated double skin panels with an attenuation of at least 42dBRw, the use of the building as a workshop shall be limited from 0700hrs to 2200hrs. f. The operator will ensure the retrofitting of smart audible reversing alarms to all authorised vehicles operated from site; g. Once condition (e) has been fulfilled, the Operator will agree a Noise Management Plan with Eden District Council's Environmental Protection Team to ensure that noisy operations in the workshop are suspended when bay doors are open to permit the access and egress of vehicles. The Noise Management Plan shall also consider measures to minimise noise from external activity on site; h. Between the hours of 2200hrs and 0700hrs, no more that two refrigeration units shall be in use on site. Note: The terms and conditions of the VOSA license is not a material consideration of this application and involves a separate controlling authority outwith the remit of planning consideration.
68 Agenda Item 9a REPORTS FOR DEBATE 3.6 Consultation Responses: 3.6.1 Local Highway Authority: No objection to proposal. 3.6.2 Environment Agency: No objection and reference that development in any event will need to comply with the Control of Pollution (Oil Storage) (England) Regulations 2010 and recommendations on best practice. 3.6.3 Environmental Health Officer - No objection. I have requested and received various information from the planning consultant, MAZE Planning, in respect of this application. The potential odour and noise impact from the proposal were initial concerns. Based on the further information received , namely the odour management plan version 2, assurance that certain engineering measures will be taken with respect to preventing spillages and leaks and that HGV movements will normally be 4 per day ie 2 tankers, I have no objections to the application subject to the odour management plan being enforced. Should the number of tankers increase above the level stated by the applicant, there may be cause for this to be reviewed. 3.7 Main Planning Issues Raised: Intensification of use at the site and its impact upon the character and amenity of area including nearby residents and Rheged Visitor Centre. Principle of the development and fear of unacceptable precedent. 3.8 Planning Assessment: 3.8.1 Eden Core Strategy Policy CS3 - Rural Settlements and the Rural Areas seeks to protect the open countryside from inappropriate development and ensure new development respects and reinforces the character of the wider landscape. Policy CS12 - Principles for Economic Development and Tourism seeks to promote the diversification of the economy while also protecting existing tourist facilities. Such policies are reinforced by Eden Core Strategy Policy CS14 - Employment Development in Rural Areas that seeks amongst other things for developments to be of a scale and type sympathetic to the area they are proposed and to respect local landscape character and not cause harm to the natural environment. The final relevant Policy CS18 - Design of New Development seeks for new development to protect the amenity of existing residents and business users while also not contributing to unacceptable levels of noise and light pollution. 3.8.2 In assessing the impact upon the visual character and amenity of the area, the proposed scale, indicative circular form and location of the tallow tank is considered to have only a low key visual impact. The tank is general visible at long distances from the public realm. It is considered that the tank will be most visually prominent from the north, however from this direction the tank will be seen set against the background of the existing storage buildings. From the east the tank will be generally contained within the quarry walls and only visible at long distances again in close visual juxtaposition with the existing buildings. From the south and the adjacent public footpath, the tank will also be seen within the visual context of the existing Quarry Garage buildings. The view from the footpath is mitigated due to the footpath traversing the top side of the south quarry wall thereby meaning the site is generally overlooked with panoramic views remaining. Visual impact of the tall structure is mitigated by virtue of the proposed reduction in ground levels. This will result in the height of the tank being approximately 1metre lower than the ridge of the existing
69 Agenda Item 9a REPORTS FOR DEBATE storage building approved under planning references 10/0396 and 10/0545. The eaves height of the existing storage building will be commensurate to the peak of the proposed storage tank. In comparison to the workshop building, the submitted cross section plan shows a tank with a scale only marginally above the ridge height of the workshop building. It is therefore considered that subject to appropriate appearance details being approved at reserved matters stage, the proposed tank will not adversely impact upon local landscape character or visual amenity. 3.8.3 Turning to concerns regarding the wider amenity impact including noise and odour arising from the tank and associated vehicle movements, the application is supported by an Odour Management Plan that is considered acceptable in principle by the Council‟s Environmental Health Officer. The applicant has demonstrated that engineering measures will be taken to prevent spillages and leaks and that HGV movements will be 4 per day ie 2 tankers. Subject to a condition requiring the Odour Management Plan being brought into action and maintained, it is considered that the development will not give rise to unacceptable noise and odour impacts upon interests of acknowledged importance - this includes residents who live in the vicinity of the site and the Rheged Discovery Centre. The addition of 4 daily tanker movements from an existing transport and associated storage depot is not considered to bring about an unacceptable intensification of use of the site and therefore the general character of the area will not be adversely affected. However, in order to preclude a possible unacceptable intensification, it is considered necessary in the interests of local amenity to attach a condition to restrict associated tanker movements to no more than 4 tanker movements per day, as envisaged by the applicant, and for this to be carried out within the hours of 8am - 8pm only. A condition regarding control of any associated lighting is not considered necessary in light of the existing operations at the site and given that the site is generally well contained and set away from possible sensitive light receptors within a former quarry. 3.8.4 In the Parish consultation response, the Parish raised concern that the proposal will not conform to the Traffic Commissioners operating site licence conditions. It is not certain as to whether this proposal would contravene the existing licence. In any event, the regulation of the site by the Traffic Commissioner is not considered to be a material planning consideration. If the licence needs to be varied, then the applicant will need to ensure that compliance is forthcoming separate to the planning process. 3.8.5 Turning to the concern of precedent and fear of further developments at the site, each application is to be judged on its own planning merits and in this case the development, subject to the recommended conditions, is considered to be in accordance with the policy requirements of the Eden Core Strategy. It is therefore recommended planning permission be granted.
4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities.
70 Agenda Item 9a REPORTS FOR DEBATE 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council.
4.5 Relevant Local Plan Policies: 4.5.1 Eden Core Strategy Policy CS3 - Rural Settlements and the Rural Areas Policy CS12 - Principles for Economic Development and Tourism Policy CS14 - Employment Development in Rural Areas Policy CS18 - Design of New Development Material Planning Policy National Planning Policy Framework 5. Implications 5.1 Legal 5.1.1 There are none arising directly from the recommendation in this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.3 Equality and Diversity 5.3.1 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.3.2 There are none arising directly from this report. 5.4 Environmental 5.4.1 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.4.2 There are none arising directly from this report subject to compliance with the conditions recommended. 5.5 Crime and Disorder 5.5.1 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.5.2 There are none arising directly from this report. 5.6 Children 5.6.1 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.6.2 There are none arising directly from this report.
71 Agenda Item 9a REPORTS FOR DEBATE 5.7 Risk Management 5.7.1 Risk Management is a process whereby attempts are made to identify, actively control and reduce risk to protect the Council. This covers not only the traditional areas of insurable risk but also the organisational risk that the Council faces in undertaking all its activities.
5.7.2 There are no risks identified in respect to the recommendation in this report.
6. Reasons for Decision/Recommendation 6.1 The tallow tank is considered to be an acceptable additional associated storage facility at the existing haulage and storage site. Subject to compliance with conditions and appropriate design details coming forward at Reserved Matters stage, the proposal is considered acceptable in accordance with development plan policy as there will be no unacceptable impact upon local amenity and character by virtue of limited additional traffic movements, Odour Management Plan provisions and limited visual impacts from the public realm.
Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer
Background Papers: Planning Application file: 13/0121 Contact Officer: Adam McNally Telephone Number: 01768 212487
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Appendix - Odour Management Plan (version 2), app ref: 13/0121, Quarry Garage, Stainton
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77 Agenda Item 9a REPORTS FOR DEBATE Item No 8 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0191 Change of use of a storage shed to a one bed dwelling at Daisy Farm, Outhgill for Mrs B Smart Head of Planning Services Site Plan:
78 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as an objector has requested a hearing. 2 Recommendation: It is recommended that delegated power be given to the Head of Planning Services to grant planning permission subject to a Section 106 Agreement being entered into to the absolute satisfaction of the Director of Corporate and Legal Services and the Head of Planning Services requiring the provision of one affordable dwelling house and subject to the following conditions: 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing no. ps820/02 received 18 March 2013) and shall not be varied other than by prior agreement in writing by the Local Planning Authority. 3. Development shall not be occupied until a scheme for foul and surface water drainage works have been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3. To ensure that adequate drainage of the site is carried out as approved.
3 Report Details 3.1 Proposed Development: 3.1.1 This is a full application to change the use of an existing storage shed to a one bed affordable dwelling to be occupied by the applicant‟s son. 3.1.2 The single storey timber storage shed measures 5.5 m x 5.5 metres and would provide an open plan layout with designated sleeping, eating and cooking areas. There would be no external alterations. 3.1.3 An allocated car parking space would be provided within the existing car parking area associated with Daisy Farm. 3.2 Description of the Site and the Surroundings: 3.2.1 The site relates to a small enclosed field 50 metres to the east of, and within the same ownership as Daisy Farm, which is within the village of Outhgill. The site, which has an elevated position above Daisy Farm, accommodates the timber shed, the subject of this permission, along with some other storage containers/ sheds and is enclosed by a dry stone wall around the perimeter of the site. Access to the site is through a field gate from the adjacent field. To the rear side (south) is a wooded area.
79 Agenda Item 9a REPORTS FOR DEBATE 3.2.2 The application site lies within the Upper Eden Neighbourhood Development Plan (UENDP) area. 3.3 Relevant Planning History: 3.3.1 09/0903 - Proposed erection of storage shed - approved 23 December 2009 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by the posting of a site notice and neighbour notification letters. Two letters of objection received. Comments are summarised below: - A cynical ploy to circumvent the planning laws. - The storage shed was never intended to be used as such; the foundations were excessive and a water supply has been installed on site. - The building is on agricultural land. - The shed is in a prominent position; visible for a considerable distance; inappropriate design and has a major negative impact on the local landscape. - None traditional building and out of character when most buildings in the area are constructed of stone. - Unacceptable location for a residential dwelling. - Major negative impact on local woodland and wildlife. - The development exceeds the development targets for Mallerstang which is 0.65 dwellings per year - Impact on neighbouring properties as within 2 metres of boundary and less than 20 metres from their house leading to issues of noise, disturbance, light overspill and overlooking. Three letters of support received. Comments are summarised below: - Offer strongest support. A Key component of the UENDP is the provision of housing in rural area for those needing to live and to work locally and who have a local connection. - Building meets the criteria of the UENDP as it would be occupied by a young architect joining an established family practice. - Policy encourages younger people to live in valley. Area is rapidly being made up of retired, holiday makers, second homers and absentee landowners. - Would scarcely have an impact on the appearance of Outhgill; the footprint remains the same and little difference from the current building. - A need to new homes for young local people as they need their independence. - The proposal would have no other effect than a positive one for the local area. - Will increase the viability and vitality of Mallerstang Parish. - Existing lack of opportunities for young people to live and work in the area leading to a missed generation who migrate to the towns. - Little impact on the appearance of the present building or on the neighbouring houses and residents.
80 Agenda Item 9a REPORTS FOR DEBATE 3.5 Parish Response: 3.5.1 No response has been received to date. Any response received will be verbally reported at the meeting. 3.6 Consultation Responses: 3.6.1 Highway Authority - The traffic implications will be similar whether the house is for a family member or stand alone, the revised Design and Access Statement and plan showing the access track back to the B6259 thus there is no new access off the B6259. 3.6.2 Natural England - The proposal is not likely to have a significant effect on the interest features for which River Eden SAC and the North Pennines Moors SAC/SPA have been classified. 3.6.3 Planning Policy Officer - Providing that the applicant is willing to enter into a legal agreement to retain the house as part of the affordable stock and enters into restrictions on local occupancy the development appears acceptable under Policy UENDP1. 3.7 Main Planning Issues Raised: 3.7.1 Principal of a dwelling in this location. Impact upon visual amenity and character of the area. 3.8 Planning Assessment: 3.8.1 This is a full planning application for the change of use of a timber storage shed to an affordable dwelling. Only internal alterations are proposed to allow for open plan living, with designated cooking, living and sleeping areas. 3.8.2 Policy UENPD1 - Rural Exceptions Housing for local People - states „ Rural exceptions sites for single plot affordable housing will be permitted to meet a local need where this need is evidenced and where the development does not have an unacceptable impact on the visual and landscape amenity of the area‟. The policy goes on to state that „Affordable housing for local people will be secured as such for its longevity through a Section 106 Agreement‟. Eden Core Strategy CS16 and CS18 requires new development to protect and enhance the natural and built environment. 3.8.3 The applicant and their family have lived in Outhgill for 24 years. The proposed dwelling would be occupied by the applicant‟s son who will finish his first degree in Architecture this summer and will move back to work in the family‟s long established architectural practice. A Heads of Terms has been submitted with the application agreeing to the use of the dwelling as affordable for a local person. The principle of the proposed development is considered acceptable in that it complies with the theme of Policy UENDP1 in terms of its location; its justification for the development; and the end use as an affordable use. 3.8.4 Two letters of objection and three letters of support have been received by nearby residential occupiers and all comments have been fully considered. Objections to the proposal relate to the location being unacceptable in terms of its visual impact on the surrounding landscape and on wildlife, as well as having a negative impact on the amenities of adjoining occupiers by reason of noise, disturbance and light pollution. With regard to visual impact the proposal is to re-use an existing building with no external alterations proposed. While it is accepted that at night time lights from the
81 Agenda Item 9a REPORTS FOR DEBATE property will be evident, the impact would be minimal enough not to warrant a refusal of planning permission in this case. The application site has a boundary with „High House‟. High House is positioned at the bottom of a steep wooded banking which extends 20 metres up to the boundary with the application site. The only view of the application building would be at the top of the banking, looking over the dry stone wall. It is not considered that the proposal would have an adverse impact on the living conditions of the owners of High House. 3.8.5 Three letters of support received on the basis that the recent referendum showed overwhelming endorsement of the UENDP in which a key component is the provision of housing in rural areas for those who need to live and work locally. The supporters acknowledge that the occupier of the proposed dwelling is local and would assist in the continuation of a successful local business and that homes are needed for the young local people. With regard to impact on the surrounding area, the supporter comments that the footprint of the building remains the same and visually it is largely screened by walls and trees from other residences. 3.8.6 The proposal also complies with Policy UENDP5 - Fibre to the Premises. The provision of a data connection would be feasible via an Ethernet link using the copper electric connection to the BY network. Alternatively since Mallerstang already has a microwave internet facility operated by Kencomp, this too could be subscribed to. 3.8.7 Policy UENDP6 - Monitoring and Development Rates sets a rate of 0.65 dwellings per year within the Parish of Mallerstang. This application, along with another current application for a dwelling to be occupied by an agricultural worker at Dale Foot, Mallerstang, would exceed the housing development rate set for Mallerstang. However, Policy UENDP2 does state that „in light of the potential pent-up demand there may be higher development rates within the first few years of these policies coming into force where the general presumption may reasonably not be complied with where such pent-up demand is reasonably met by allowing such development‟. There is a general assumption that housing development should not exceed a general annual development rate for each Parish averaged out over the 13 year period of the plan. Within the Parish of Mallerstang the number of potential dwellings over the Plan period is 8. There is no response from the Parish Council at the time of writing this report. 3.8.8 In summary, the proposal for an affordable dwelling meets the policy provisions of the Upper Eden Neighbourhood Development Plan and therefore it is recommended that planning permission be granted. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Affordable Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council.
82 Agenda Item 9a REPORTS FOR DEBATE 4.5 Relevant Local Plan Policies: 4.5.1 Upper Eden Neighbourhood Development plan (UENDP) 2012 - 2025 Policy UENDP1Rural Exceptions Housing for Local People Policy UENDP5 Fibre to the Premises Policy UENDP6 Monitoring and Development Rates Core Strategy Policy CS1 - Sustainable Development principles Policy CS3 - Rural Settlements and the Rural Area Policy CS16 - Principles for the Natural Environment Policy CS18 - Design of new development 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 Under the New Homes Bonus scheme the Council gets an annual cash grant for each new home built. The cash grant for each house is dependent upon size/Council Tax band but on average the Council would receive £1,444 (based on 2012/13 amounts) plus an extra £350 if it is affordable. In two tier areas, the Local Planning Authority (ie Eden DC) retains 80% of the bonus with 20% going to the County Council. So if this scheme were to be agreed, the total bonus to be received by the Council would be as follows;
Annual bonus
Affordable houses (0 * £1,789) £1,789
Other houses (3 * £1,444)
Total annual bonus £1,789
EDC annual share @ 80% £1,431
EDC share over six years £8,586 Use of New Homes Bonus is determined by the Council‟s New Homes Bonus protocol. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes.
83 Agenda Item 9a REPORTS FOR DEBATE 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 The proposal for change of use of a timber storage shed to an affordable dwelling complies with the Upper Eden Neighbourhood Development Plan by reason of its location and its end use, subject to the terms of a Section106 Agreement. It is considered that the proposal would not have an adverse impact on the privacy or amenity of nearby residential occupiers. Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer Background Papers: Contact Officer: Karen Thompson Telephone Number: 01768 212481
84 Agenda Item 9a REPORTS FOR DEBATE
Item No 9 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0260 Outline application for farm house and access with layout, scale, appearance and materials reserved for future consents at Land at Townhead Lane, Ravenstonedale For Mr P Brown Head of Planning Services Site Plan:
85 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as the recommendation is contrary to the view of the Parish Council. 2 Recommendation:
It is recommended that delegated power be given to the Head of Planning Services to grant planning permission subject to a Section 106 Agreement being entered into to the absolute satisfaction of the Director of Corporate and Legal Services and the Head of Planning Services and subject to the following conditions: 1. The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of reserved matters to be approved, whichever is the later. 2. The application for approval of the remaining reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. Approval of the details of the scale, layout, external appearance and landscaping of the site (called “the reserved matters”) shall be obtained from Local Planning Authority in writing before any development is commenced. 4. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawings received 5 April 2013) and shall not be varied other than by prior agreement in writing by the Local Planning Authority. 5. Samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Development shall be carried out in accordance with the approved details. 6. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The development shall be carried out in accordance with the approved details. 7. Development shall not be occupied until a scheme for foul and surface water drainage works have been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. 8. Details showing the provision within the site for the parking, turning and loading and unloading of vehicles in line with the requirements of the Parking Guidelines in Cumbria shall be submitted to the Local Planning Authority for approval. The development shall not be brought into use until any such details have been approved and the parking, loading, unloading and manoeuvring facilities constructed. The Approval parking, loading, unloading and manoeuvring areas shall be kept available for those purposes at all times and shall not be used for any other purpose.
86 Agenda Item 9a REPORTS FOR DEBATE 9. Notwithstanding the details show on the approved plan received 5 April 2013, no consent is granted or implied in respect of the final siting of the dwelling hereby approved or to the extent of the residential curtilage to the aforementioned dwelling. These aspects shall form part of the site layout of the Reserved Matter application. Informative The occupation of the dwelling hereby approved shall be used only for agricultural workers, holiday letting, or local occupancy (as specified in the terms set out in chapter 16 of the Upper Eden Neighbourhood Development Plan) or affordable housing (as specified in the Section 106 Agreement). Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. In order to comply with the provisions of the Town and Country Planning Act 1990. 3. The application is in outline form only and is not accompanied by full detailed plans. 4. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 5. To ensure that the materials harmonise with the surroundings. 6. To ensure the details and materials harmonise with the surroundings. 7. To ensure that adequate drainage of the site is carried out as approved. 8. In the interests of Highway Safety. 9. In order to secure and maintain proper planning control of the development and to ensure the satisfactory appearance of the site in the interests of visual amenity.
3 Report Details 3.1 Proposed Development: 3.1.1 This is an outline application for a dwelling and to agree the access to the dwelling, with issues relating to layout, scale, appearance and materials to be reserved for future consideration (the Reserved Matters). The dwelling would be occupied by the farmer‟s son and his family, who will over the next five years will take over the management of the farm. 3.1.2 An indicative plan shows the position of the proposed dwelling to be in front of the existing agricultural buildings, approximately 120 metres from the nearest highway. 3.2 Description of the Site and the Surroundings: 3.2.1 The site relates to a field located off Townhead Lane, approximately 800 metres east of the village of Ravenstonedale. There are two large modern agricultural buildings at the top of the field set back 150 metres from the highway and accessed by a single width access track.
87 Agenda Item 9a REPORTS FOR DEBATE 3.2.2 The application site lies within the Upper Eden Neighbourhood Development Plan area. 3.3 Relevant Planning History: 3.3.1 There is none to report. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by the posting of a site notice. No responses have been received. 3.5 Parish Response: 3.5.1 At its meeting held on Thursday 9 May 2013, Ravenstonedale Parish Council voted to SUPPORT this application. The Design and Access statement submitted with the application referred to proposed “Heads of Terms” (para 30) which suggested conditions to be included in a Section106 Agreement “uses to be restricted to farm worker, holiday letting, local occupancy or affordable housing”. However, the Parish Council was adamant that occupancy should be restricted solely to that of agricultural worker in perpetuity (and not other restrictive occupancy criteria as required by the Upper Eden Neighbourhood Development Plan). 3.6 Consultation Responses: 3.6.1 Highway Authority - Townhead Lane is the C3075, bearing in mind the details contained within the application and the fact the farmstead is current use, I confirm this Authority has no issues with this application. However the existing access would require some improvement so as to conform to the Main Farm Type in the appended detail, it should be noted the gate will need to be 18m from the carriageway edge if frequent use is expected by articulated lorries/long trailer tractor combinations so such vehicles can be accommodated clear of the carriageway whilst opening/closing the gate; this would not be needed if a Cattle Grid is provided. 3.6.2 United Utilities - no objection. 3.7 Main Planning Issues Raised: 3.7.1 Principal of a dwelling in this location. 3.8 Planning Assessment: 3.8.1 This is an outline application for a dwelling and access to the dwelling with issues relating to layout, scale, appearance and materials to be reserved for future consideration. 3.8.2 The existing farm house is in the village of Ravenstonedale with the „farm enterprise‟ comprising a stock rearing enterprise that holds 8.24 hectares of owned land, 41.63 ha of land rented under Farm Business Tenancies (comprising a mix of tenancies including rolling five year tenancy and a secured 3rd generation tenancy) and has 450 sheep grazing rights on Ravenstonedale Common. The applicant‟s father lives in the rented farm house in the village which is secured until his death. He intends to retire within the next five years and ultimately wishes to hand over the business to his son, the applicant. The applicant, who currently lives in Kirkby Stephen with his family, joined the business in 2005 and over the next five years will manage the generational transition of the farm allowing his father to take a lesser role on the farm. For reasons
88 Agenda Item 9a REPORTS FOR DEBATE of location and on-going management of the farm enterprise, the applicant requires a house on the farm. 3.8.3 Policy UENPD2 - Housing on Farms states „In the case of tenant farmers who need to manage a generational transition and build a property which they will own, the new dwelling need not be tied to the main farm holding. It will be secured by a Section 106 Agreement to be used only for agricultural workers, holiday letting, or local occupancy or affordable housing‟. 3.8.4 The proposed dwelling would allow the farm business to continue beyond the current tenancy of the farm house; is it conveniently located for the on-going management of the farm business; and is to be located on land owned by the farm. A Heads of Terms has been submitted with the application agreeing to the use of the dwelling for a farm worker, holiday letting; local occupancy or affordable house. 3.8.5 Ravenstonedale Parish Council is in support of the application. However, they have advised that the occupancy should be restricted solely to that of agricultural worker in perpetuity, and not for the other uses outlined in Policy UENDP2. The proposed development complies with Policy UENDP2 in that it allows a range of end uses for such dwellings including agricultural workers dwelling, holiday letting, or local occupancy or affordable housing. The Policy is intended to provide new housing on farms which has the flexibility to give farmers better control of the business, allow easier investment decisions, remain viable and allow family members to remain on hand for changing circumstances within the farming sector or within the family. On submission of an application under Policy UENDP2 justification needs to be provided for the proposed end use however the new dwelling will then be secured by a Section 106 Agreement which would allow the new dwelling to be used by the restricted uses outlined in the Policy. Therefore, it is considered that the proposed development in principle is acceptable in this location, subject to a Section106 restricting the end uses. 3.8.6 The proposal also complies with Policy UENDP5 - Fibre to the Premises. In this area there is a community led fibre to the premises initiative, known as Fell End Broadband. Although it is not proposed to be laid near the application site, the nearest connection is Ash Fell. Alternatively, a connection could be made to the nearest BT network or via a microwave link or fibre. 3.8.7 Policy UENDP6 - Monitoring and Development Rates sets a rate of 2.92 dwellings per year within the Parish of Ravenstonedale. The proposal complies with this Policy as to date there has been no approved applications for additional dwellings in Ravenstonedale since April 2012 (monitoring period commencement date). 3.8.8 The Highway Authority raise no objections, subject to a safeguarding condition and United Utilities also raise no objection. 3.8.9 The application meets the policy provisions of the Upper Eden Neighbourhood Development Plan and therefore recommend planning permission be granted. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Affordable Housing Quality Environment
89 Agenda Item 9a REPORTS FOR DEBATE Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Upper Eden Neighbourhood Development plan (UENDP) 2012 - 2025 Policy UENDP2 Housing on Farms Policy UENDP5 Fibre to the Premises Policy UENDP6 Monitoring and Development Rates Core Strategy Policy CS1 - Sustainable Development principles - Core Strategy Policy CS3 - Rural Settlements and the Rural Area Policy CS18 - Design of new development - Core Strategy 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 Under the New Homes Bonus scheme the Council gets an annual cash grant for each new home built. The cash grant for each house is dependent upon size/Council Tax band but on average the Council would receive £1,444 (based on 2012/13 amounts) plus an extra £350 if it is affordable. In two tier areas, the Local Planning Authority (ie Eden DC) retains 80% of the bonus with 20% going to the County Council. So if this scheme were to be agreed, the total bonus to be received by the Council would be as follows;
Annual bonus
Affordable houses (0 * £1,789)
Other houses (3 * £1,444) £1,444
Total annual bonus £1,444
EDC annual share @ 80% £1,155
EDC share over six years £6,930 Use of New Homes Bonus is determined by the Council‟s New Homes Bonus protocol.
90 Agenda Item 9a REPORTS FOR DEBATE 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 The proposal for a new dwelling complies with the Upper Eden Neighbourhood Development Plan by reason of its location and its use as an agricultural workers dwelling, subject to the terms of a Section 106 Agreement.
Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer Background Papers: Contact Officer: Karen Thompson Telephone Number: 01768 212481
91 Agenda Item 9a REPORTS FOR DEBATE
Item No 10 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0072
Change of use of sandstone barn from agricultural to a self contained Holiday Cottage at Armathwaite Barn (off Ruckcroft Road), Armathwaite for Messrs Stapleton and Thompson Head of Planning Services Site Plan:
To Ainstable
To Staffield and Kirkoswald N
92 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members as the Officer recommendation is contrary to the view of the Parish Council. 2 Recommendation: That the proposed planning application as set out in this report be refused for the following reasons: 1. The proposed development is within the open countryside and outside any settlement offering an appropriate level of services to support its potential occupants. If approved, the proposal would result in unsustainable development contrary to the guidance of the NPPF, policy NE1 of the Eden Local Plan and policies CS1, CS2, CS3, CS12 and CS15 of the Core Strategy DPD. 2. The existing access by virtue of geometric layout and restricted visibility for vehicles using the access and conspicuousness of the access to highway users, is unsuitable for the intensification of use the proposed development would create.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks full planning permission for the conversion of this redundant and derelict agricultural building to holiday accommodation. The building will provide four ensuite bedroom accommodation with a central kitchen/living/dining area, a boot room and two bath/cloakrooms. The proposal also includes the construction of a timber shed for the storage of domestic paraphernalia. The existing track access to the site will be repaired and the access from the public highway improved and a new footpath will be created to an existing track that runs to the village public house. Electricity and water supplies will be taken from the applicant‟s property near the village public house and a rainwater harvesting system and package treatment plant will be installed to deal with surface and foul water drainage. 3.2 Description of the Site and the Surroundings: 3.2.1 The application site lies just off the Armathwaite to Ruckcroft road, approximately 380 meters (as the crow flies) from one of the public houses in Armathwaite and approximately 575 meters (as the crow flies) from the village shop and post office. The building itself is located approximately 270 meters from the public highway and is currently derelict and without a roof. With one exception, the walls appear to be sound and capable of repair. 3.2.2 The farm enterprise was established in January 2012 and is centred on Armathwaite Place and adjoining outbuildings. The domain includes three neighbouring cottages; two occupied by the farm manager and housekeeper, the other on a shorthold tenancy and extends to 110 acres. The holding currently has 50 ewes and followers along with 15 beef cattle and the business plan is to build up a pedigree herd of Texel sheep.
93 Agenda Item 9a REPORTS FOR DEBATE 3.3 Relevant Planning History: 3.3.1 Full planning permission was granted for the repair of the stone building in March 2010 under Council reference 09/0974. The application sought permission to repair the building for agricultural use, with the work being funded and overseen by Natural England. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of site notice posted and immediate neighbour letters sent. Two letters/emails of objection have been received which can be summarised as: The field in which Armathwaite Barn is placed is a beautiful setting and has been an unspoilt haven for wildlife, with bluebells, bracken, wildflowers and fauna including deers. This precious habitat will be irrevocably damaged by the development of a large four bedroomed holiday home in its midst. The approach to Armathwaite from the south and Ruckcroft is distinctive and beautiful. The tranquillity of this natural setting and the character of this area of the village would be shattered permanently if this development were to proceed. The creation of a large holiday home does not meet local needs and is unhelpful to local families who require affordable housing. This conversion could easily lead to further adjacent housing developments in the future and could lead to many more barns across the locality being converted to holiday homes. We have two public houses and many holiday cottages in the area which supply ample accommodation for visitors. The proposed entrance from the highway is at a steep and blind section and would be dangerous. 3.4.2 Five letters/emails of support (including one from Cumbria Tourism) have been received which can be summarised as: I have looked at the plans and they look good with very little change to the external appearance of the barn. I believe the conversion will have no detrimental visual impact on anyone living in the area. From my own experience Armathwaite and the Eden Valley are becoming more and more popular with tourists which can only be good for the community as a whole. They need somewhere to stay and this proposed development would meet some of this need. Not only does development of this nature create employment in the short-term but will also help the village businesses on an on-going basis. The proposed development would help all existing businesses within the village bringing valuable trade to the pubs and shops. The market for self catering holidays in Cumbria has proved to be challenging over the last 3-4 years with occupancy rates generally falling between 2009-2011, however there are some positive signs of recovery in the market over the last 6-12 months and occupancy rates have been stronger since the start of 2013.
94 Agenda Item 9a REPORTS FOR DEBATE Current trends suggest that those properties offering „luxury‟ and high quality are performing better than those without quality accreditation of a „wow factor‟ of some sort. The sympathetic conversion of Armathwaite Barn to a high quality self catering property would seem to meet these standards and should be capable of achieving occupancy rates of between 50-60% annually given its location and effective marketing and letting arrangements. Its conversion to a tourist use would be consistent with policies CS12 and CS15 and it would have the benefit of diversifying the farming operation and providing supporting employment. 3.5 Parish Council Response: 3.5.1 Ainstable Parish Council was informed about this planning application in between meetings. The details have been circulated to all the Parish Councillors and we would like to record our views in this development. 3.5.2 The redevelopment of this redundant agricultural building into a self-catering holiday cottage would we feel bring much needed income into the local area. We know, through speaking to the owners of other holiday cottages in the area, that the vast majority of visitors tend to buy their supplies locally where they can and will eat out 3/4 times per week. Ainstable parish, and the neighbouring village of Armathwaite, have local shops and a number of pubs and hotels offering services and excellent meals to holiday makers and local residents. These businesses rely on the visitors to our area to supplement the local trade, and would struggle to survive on purely local trade. 3.5.3 We feel this development shows a good consideration to the age and qualities of the building, and will help to ensure the building has a continued and useful purpose guaranteeing its future. The development is totally concealed within the wood, and apart from an improved entrance will make no visible impact on the environment. 3.5.4 Ainstable Parish Council is in favour of sensitive developments that bring a genuine benefit and income into the local area, and in favour of developments that help to protect and enhance our environment for the current and future generations. The only comments we have received from people within the parish have been very positive, and all have supported this development. 3.6 Consultation Responses: 3.6.1 Highway Authority - The existing access by which vehicles associated with this proposal would leave and rejoin the C1038 County Highway is unsatisfactory and therefore the intensification of use which would result from the proposed development is unacceptable in terms of highway safety. 3.6.2 Natural England - The proposal, if undertaken in strict accordance with the details submitted, is not likely to have a significant effect on the interest features for which the River Eden and Tributaries (SAC) has been classified. 3.7 Main Planning Issues Raised: 3.7.1 Sustainability of proposal.
95 Agenda Item 9a REPORTS FOR DEBATE 3.8 Planning Assessment: 3.8.1 The application seeks full planning permission for the conversion of this redundant and derelict agricultural building to holiday accommodation. The building will provide four ensuite bedroom accommodation with a central kitchen/living/dining area, a boot room and two bath/cloakrooms. The application site lies just off the Armathwaite to Ruckcroft road, approximately 380 meters (as the crow flies) from one of the public houses in Armathwaite and approximately 575 meters (as the crow flies) from the village shop and post office. The building itself is located approximately 270 meters from the public highway and is currently derelict and without a roof. With one exception, the walls appear to be sound and capable of repair. 3.8.2 Both national and local planning policies aim to resist unsustainable development in the open countryside. The key theme running through the National Planning Policy Framework (NPPF) is achieving sustainable development. Whilst section 3 of the NPPF supports economic growth in rural areas, there is a requirement for the development to be sustainable. Section 3 requires local and neighbourhood plans to “support the sustainable growth and expansion of all types of business and enterprise in rural areas” and “support sustainable rural tourism”. Policies within the Council‟s Core Strategy do allow for limited development within smaller villages, hamlets and the open countryside providing it is to meet an identified need such as to provide rural exceptions affordable housing. 3.8.3 In support of his application, one of the applicant‟s has submitted the following: “Having in mind all the information in the local and national press that the Government are wishing to stimulate employment and businesses in the countryside I am surprised at Eden Planning Department‟s recommendation to refuse the application, however, I understand because no one wishes to spoil the countryside. Our development would enhance the area and not impose on anyone. We have the support of our local Parish Council and a number of businesses in the leisure and tourist trade. I have spoken to a number of letting companies who have all advised me that there is a demand for „high class‟ holiday accommodation within our area. This would be a sustainable business which would help with the profitability of Armathwaite Farming business, hopefully not only keeping my employment secure for the foreseeable future but also creating other employment, ie housekeepers, maintenance, etc.” 3.8.4 The building the subject of this application is approximately 380 metres from the nearest services that Armathwaite provides and is considered to be within open countryside. Whilst it is noted that the conversion of the building would provide wider benefits than those to the applicants, it does involve the rebuilding of a currently derelict and remote building to form holiday accommodation and is tantamount to the creation of a new property in open countryside. It is therefore recommended that the application is refused on the grounds that the building is within the open countryside and outside any settlement offering an appropriate level of services to support its potential occupants and, if approved, would result in unsustainable development contrary to the guidance of the NPPF, policy NE1 of the Eden Local Plan and policies CS1, CS2, CS3, CS12 and CS15 of the Core Strategy DPD. 3.8.5 Following a number of emails from the Highway Authority, the Development Manager (Carlisle and Eden) at Cumbria County Council‟s Highway and Transportation department has concluded that “There is no dispute that a forestry/agricultural access has existed for many years, but for post WW1 highway design standards this is grossly substandard in terms of layout and visibility. The view I have put forward is
96 Agenda Item 9a REPORTS FOR DEBATE that for the construction works and use thereafter associated with the development this is unacceptable and must be improved. From appearance in the Google screenshot you provided, prior to the works recently undertaken as part of the Estate‟s Enhanced Environmental Stewardship measures, to all intents and purposes the access could have been construed as disused. The fact the prospective development it is to be used for holiday accommodation, means that it is very unlikely that most users will gain the user experience that for instance a normal resident would in using a substandard access. As noted in my missive after the site visit, the traffic on the immediate approach is travelling downhill, usually quite fast on a fairly narrow carriageway, thus then to „hug the nearside‟, the access is not conspicuous to traffic travelling downhill due to the trees and wall. The agent has indicated an unwillingness to alter walls/remove scrub/saplings to achieve the visibility splay and thus also refuses to provide a compliant drawing which we could Condition is constructed prior to the development commencing, in the usual manner, thus I have previously indicated the application should also be refused using this reason in addition to your own: The existing access by virtue of geometric layout and restricted visibility for vehicles using the access and conspicuousness of the access to highway users, is unsuitable for the intensification of use in the proposed development would create. In support of Local Transport Plan Policies LD7 and LD8.” Given the Highway Authority‟s view that the access is inadequate for the proposed use, it is also recommended that a second reason for refusal is included as detailed above. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Eden Local Plan Policy: NE1: Development in the Countryside. 4.5.2 Core Strategy DPD Policy: CS1: Sustainable Development Principles. CS2: Locational Strategy. CS3: Rural Settlements and the Rural Areas. CS12: Principles for Economic Development and Tourism. CS15: Tourism and the Visitor Economy. 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report.
97 Agenda Item 9a REPORTS FOR DEBATE 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 There are no proposals in this report that would reduce or increase resources. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 The building the subject of this application is approximately 380 metres from the nearest services that Armathwaite provides and is considered to be within open countryside. Whilst it is noted that the conversion of the building would provide wider benefits than those to the applicants, it does involve the rebuilding of a currently derelict and remote building to form holiday accommodation and is tantamount to the creation of a new property in open countryside. It is therefore recommended that the application is refused on the grounds that the building is within the open countryside and outside any settlement offering an appropriate level of services to support its potential occupants and, if approved, would result in unsustainable development contrary to the guidance of the NPPF, policy NE1 of the Eden Local Plan and policies CS1, CS2, CS3, CS12 and CS15 of the Core Strategy DPD. Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer Background Papers: Contact Officer: Aimee Richardson Telephone Number: 01768 212486
98 Agenda Item 9a REPORTS FOR DEBATE
Item No 11 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0087 Variation of Condition 21(Noise Attenuation Measures) Attached to Planning Approval 10/0987 (Demolition of existing hotel, bungalow and outbuildings and redevelopment with 48 no. dwellings and associated infrastructure) At Clifton Hill Story Homes development, Clifton Story Homes Head of Planning Services
Site Plan:
99 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members because the recommendation is contrary to that of Clifton Parish Council and by virtue of the planning history whereby Members sought to consider the detail regarding noise attenuation measures required by condition 21 attached to planning ref: 10/0987. 2 Recommendation:
It is recommended that planning permission be approved for the variation of condition 21 subject to the following revised condition 21; 21. That prior to the commencement of construction of any of the dwellings 14 to 31, the developer shall submit full details and specification of noise attenuation measures to be incorporated both in the specification and construction of the dwellings on plots 14 to 31 inclusive and in the form, position and construction of the noise attenuation, acoustic barrier fencing, identified on plan no.2294/SK101/P4 dated Jan 2013, for the agreement in writing of the Council as Planning Authority. Thereafter, the acoustic barrier fencing shall be completed in full prior to the occupation of any of the dwelling 14 to 31 inclusive and that each of dwellings 14 to 31 inclusive shall be completed in full accordance with the noise attenuation specification prior to their occupation. Reasons 21. To ensure that the dwelling houses bounding the north east site boundary are adequately safeguarded from noise nuisance.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks to vary the requirements of condition 21 attached to the full planning permission reference 13/0087 for the erection of 48 dwellings at the former Clifton Hill hotel site. The relevant condition states; 21) That prior to the commencement of construction of any of the dwellings 14 to 31, the developer shall submit full details and specification of noise attenuation measures to be incorporated both in the specification and construction of the dwellings on plots 14 to 31 inclusive and in the form, position and construction of the noise attenuation, acoustic barrier fencing, identified in green on Plan No SL049.90.9.SL.BHS Rev C, for the agreement in writing of the Council as Planning Authority. Thereafter, the acoustic barrier fencing shall be completed in full prior to the occupation of any of the dwelling 14 to 31 inclusive and that each of dwellings 14 to 31 inclusive shall be completed in full accordance with the noise attenuation specification prior to their occupation. Reason - To ensure that the dwelling houses bounding the north east site boundary are adequately safeguarded from noise nuisance. 3.1.2 The variation proposed is in respect to revised fencing specification as a result of amendments to plot changes and resultant level changes since the development was originally granted planning permission. In other words the applicant can no longer
100 Agenda Item 9a REPORTS FOR DEBATE comply with plan no. No SL049.90.9.SL.BHS as specifically required by the extant condition 21 and therefore requires a new plan to technically vary the terms of the permission. 3.1.3 The substitute plan is drawing no. no.2294/SK101/P4 dated Jan 2013 which show revised heights and proposed a lower acoustic boundary fence (1.64 - 1.8 metres as opposed to previously approved 2.5 metre fence). The full noise attenuation measures including window construction and ventilation of new adjacent properties are to be agreed as per the remaining requirements of the condition. 3.1.4 A variation in condition application can be approved if the details to be varied are considered to not affect the main substance/planning merits of the original scheme. 3.2 Description of the Site and the Surroundings: 3.2.1 The site is the former Clifton Hill hotel site to the east of the A6. The noise barrier is to be erected adjacent plots 14 - 31 3.3 Relevant Planning History: 3.3.1 10/0987 - Demolition of existing hotel, bungalow and outbuildings and redevelopment with 48 no. dwellings and associated infrastructure, approved 28 April 2011. 11/0746 - Discharge of Condition 21 (noise attenuation measures) relation to planning approval 10/0987, approved 30 March 2012. This 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of a site notice. There was no response received. Parish Response 3.4.2 The Parish Council object to the application and comment as follows; Clifton Parish Council wishes to object to this application. The noise barriers should offer the highest level of protection which was stated in the original application therefore these barriers should be maintained as per approval 10/0987. 3.6 Consultation Responses: 3.6.1 Local Highway Authority: No objection as proposal does not affect the public highway. 3.6.2 Environmental Health Officer - No objection - seek full details in respect to remaining noise attenuation measures including full specification of fence and window and ventilation construction details (to be submitted by the applicant for future consideration and dealt with via discharge of condition as opposed to variation in condition route).
3.7 Main Planning Issues Raised: Protection of residential amenity to plots at north east of site adjacent railway. 3.8 Planning Assessment: 3.8.1 The application is technical in nature and necessary to facilitate overall noise attenuation compliant measures pursuant to the intended requirements of condition
101 Agenda Item 9a REPORTS FOR DEBATE no. 21 of the original approved planning permission for the housing development (ref 10/0987). 3.8.2 Members may recall that in the consideration of the original application (10/0987), the potential for noise nuisance was a concern of Environmental Health upon new residents adjacent to the West Coast mainline railway. The Council has established planning policy under Eden Core Strategy Policy CS18 - Design of New Development that seeks to protect the amenity of future occupiers. 3.8.3 The Parish Council object to the proposed variation in barrier details stating that the barriers should offer the highest level of protection. It is of pertinent note however that the Council‟s Environmental Health department does not object to the barrier revisions in principle and awaits the submission of full noise attenuation details for future assessment. 3.8.4 The revised fence details do not alter the substance of the approved planning permission but seek to reinforce acceptability in terms protecting amenity of new residents, in accordance with the requirements of Eden Core Strategy Policy CS18 - Design of New Development. The revised fence details commensurate with layout and level changes will not result in any lessened level of protection from that previously approved and in this respect the Parish objection is considered to carry no reasonable weight against this proposal. 3.8.5 It is therefore recommendation that permission be granted to vary the condition in accordance with the amended plan no. 2294 SK101 P$ dated January 2013. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Eden Core Strategy CS18: Design of New Development. Material Planning Policy National Planning Policy Framework 5. Implications 5.1 Legal 5.1.1 A variation in condition application can be approved if the details to be varied are considered appropriate so as to not affect the substance/planning merits of the
102 Agenda Item 9a REPORTS FOR DEBATE original approved scheme. There are no legal implications arising directly from the recommendation in this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.3 Equality and Diversity 5.3.1 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.3.2 There are none arising directly from this report. 5.4 Environmental 5.4.1 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.4.2 There are none arising directly from this report subject to compliance with the conditions recommended. 5.5 Crime and Disorder 5.5.1 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.5.2 There are none arising directly from this report. 5.6 Children 5.6.1 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.6.2 There are none arising directly from this report. 5.7 Risk Management 5.7.1 Risk Management is a process whereby attempts are made to identify, actively control and reduce risk to protect the Council. This covers not only the traditional areas of insurable risk but also the organisational risk that the Council faces in undertaking all its activities. 5.7.2 There are no risks identified in respect to the recommendation in this report. 6. Reasons for Decision/Recommendation 6.1 The revised details do not alter the planning merits of the proposed scheme but to seek to facilitate a revised noise attenuation barrier commensurate with revised plot and level changes. There is no objection from Environmental Health in principle to the proposed revisions with full noise attenuation details to be submitted for further consideration.
103 Agenda Item 9a REPORTS FOR DEBATE Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer
Background Papers: Planning Application file: 13/0087 Contact Officer: Adam McNally Telephone Number: 01768 212487
104 Agenda Item 9a REPORTS FOR DEBATE Item No 12 Eden District Council Planning Committee 20 June 2013 Planning Application No: 13/0282
Erection of dwelling (revised application) at Thorn Lodge, Stainton for Mr D Blyth Head of Planning Services Site Plan:
To A66
To Alpaca Centre
N
105 Agenda Item 9a REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members as the Officer recommendation is contrary to the view of the Parish Council. 2 Recommendation: That the proposed planning application as set out in this report be refused on the following grounds: 1. The proposed development encroaches into the undeveloped rural surroundings and would consolidate the spread of large scale low density housing into this area to the detriment of the character and the appearance of this area of the village contrary to policies CS1, CS2 and CS18 of the Core Strategy DPD.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks full planning permission for the erection of a single dwelling on a garden area to the rear of Thorn Lodge, an existing detached dwelling situated on the north eastern side of the unclassified road leading from the crossroads at the southern end of the village. Access to the dwelling would be via a lane which runs between Thorn Lodge and Redrocks, the adjacent dwelling to the north east. 3.1.2 Planning permission was granted in May 2010 by the Planning Inspectorate for a dwelling to the rear of Thorn Lodge, with work commencing on site in April 2013. This current proposal seeks to reposition the approved dwelling approximately 12 metres further into the field to the rear of Thorn Lodge. The dwelling consent on appeal was approximately 21 metres from the rear elevation of Thorn Lodge (at its furthest point), with the dwelling now proposed being approximately 33 metres from the rear elevation of Thorn Lodge. The dwelling will be constructed from self coloured rough cast rendered blockwork with a slate roof. The windows will be constructed from aluminium finished in a blue/grey colour. Foul sewage will be disposed of via the mains sewer and surface water via a soakaway. 3.1.3 The applicant has offered to submit a unilateral planning obligation to secure a 3% financial contribution towards affordable housing within the district based on the market value of the property once completed. We have been advised by the applicant that this will be in the region of £20,000 in the current market. 3.2 Description of the Site and the Surroundings: 3.2.1 The site lies to the rear of Thorn Lodge; a detached two storey residential property located within a cul-de-sac which runs in a south-westerly direction from the crossroads at the southern end of Stainton. The area is characterised by a number of large properties set in generous plots. Although there are some traditional, long established former farm properties, many are of more modern origin. Several such houses have been developed in „tandem‟ fashion, with access from narrow lanes passing between frontage properties. Stainton is a Local Service Centre as identified in the Council‟s Core Strategy DPD which is considered to be a suitable location for small scale development to sustain local services, support rural businesses and meet local needs.
106 Agenda Item 9a REPORTS FOR DEBATE 3.3 Relevant Planning History: 3.3.1 07/0167 - Outline application for single residential unit - Outline planning permission refused on 9 May 2007 on the grounds that a) the proposed dwelling would result in tandem development which is uncharacteristic of the area and b) no evidence of need for a dwelling in this location has been provided. This proposal was dismissed at appeal on the grounds that “the construction of the appeal proposal in these spacious rural surroundings would further consolidate the spread of large scale low density housing into undeveloped open land, to the detriment of the character and appearance of the area, and would be a wholly in appropriate form of development for this location.” 3.3.2 08/0830 - Erection of new dwelling and replacement garage - Full planning permission granted on 19 February 2009. 3.3.3 09/0884 - Erection of a dwelling (revised application) - Full planning permission refused on 23 December 2009 on the grounds a) that the proposed development would encroach into the undeveloped rural surroundings and would consolidate the spread of large scale low density housing into this area to the detriment of the character and appearance of this area of the village and b) introducing a dwelling into this location could open up further land to the north and east and lead to further inefficient residential development with cumulative adverse consequences for the character and appearance of the surrounding countryside and its interface with the built development of the settlement. This proposal was subsequently allowed on appeal as it was concluded that “the proposal would have a close linkage with the built form of the area” and “would not amount to an encroachment into that part of the back garden that contributes to the open, undeveloped appearance of the land behind Thorn Lodge and its neighbours.” 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of site notice posted and immediate neighbour letters sent. No letters or emails of response were received. 3.5 Parish Council Response: 3.5.1 Dacre Parish Council has no objections or comments. 3.6 Consultation Responses: 3.6.1 Highway Authority - Recommends a condition is attached to any granted of consent requiring the vehicular access and parking requirements to be constructed in accordance with the approved plan. 3.6.2 United Utilities - No objection. 3.7 Main Planning Issues Raised: 3.7.1 Impact on character and appearance of locality. 3.8 Planning Assessment: 3.8.1 The application seeks full planning permission for the erection of a single dwelling on a garden area to the rear of Thorn Lodge, an existing detached dwelling situated on the north eastern side of the unclassified road leading from the crossroads at the southern end of the village. Access to the dwelling would be via a lane which runs
107 Agenda Item 9a REPORTS FOR DEBATE between Thorn Lodge and Redrocks, the adjacent dwelling to the north east. The new proposal is to reposition the consented dwelling approximately 12 metres further into the field to the rear of Thorn Lodge. 3.8.2 The applicant has put forward a number of reasons for the repositioning of the dwelling further into the field than that previously granted consent. These reasons relate to: The approved dwelling being too close to Thorn Lodge and as a result Thorn Lodge and the new dwelling being under valued or unsaleable to such an extent that the development becomes unviable; The new dwelling, being subject to the affordable housing contribution of 3% of its value (advised as being in the region of £20,000 in the current market) which is a material planning consideration to be taken into account in the determination of the application and can be set against any perceived harm that the proposal would cause; The Inspector not confirming in the appeal decision that there is a development line that cannot be breached in any circumstances. That there is no public view of the site therefore any alleged „harm‟ would be to a private view from the rear of the neighbouring properties; The proposed scheme actually improves the impact of the scheme on neighbouring properties because it positions the dwelling further from other properties; That there must be some movement possible given that the benefits of the repositioned scheme are significant, and the alleged harm is abstract only. To take such an uncompromising position on what is an unquantified and subjective matter is contrary to National Planning Policy Framework paragraph 187 which seeks that Local Planning Authority‟s should look for solutions rather than problems and seek to approve sustainable development where possible. 3.8.3 The application site forms part of the long domestic garden to the rear of Thorn Lodge. The site was previously an agricultural field, with permission granted for its use as a domestic garden in 2004. The land to the rear of Thorn Lodge has a planning history with a number of refusals for a dwelling on the site, and a dismissed appeal. In May 2010 outline planning permission was granted on appeal for a dwelling to the rear of Thorn Lodge. The dwelling granted consent is to be sited closer to Thorn Lodge than that previously dismissed at appeal. The applicant has commenced building the dwelling granted consent in May 2010. The inspector noted in his appeal decision letter that “the previous Inspector‟s conclusion remains valid in respect of that portion of the garden that extends well beyond Thorn Lodge to the north. In dismissing the previous appeal, the Inspector concluded that the proposed position of the house, a considerable distance behind Thorn Lodge, would be to the detriment of the character and appearance of the area. This proposal would place the dwelling in a more centralized position further into the back garden compared to the extant planning permission. It would nevertheless, stand closer to Thorn Lodge than the dismissed appeal proposal with its rear wall standing roughly on the building line drawn between the rear of Thorncroft and Howgill, which the latter would have breached. As such, the proposal would have a close linkage with the built form of the area, to which it would be well related. It would not, in my opinion, amount to an
108 Agenda Item 9a REPORTS FOR DEBATE encroachment into that part of the back garden that contributes to the open, undeveloped appearance of the land behind Thorn Lodge and its neighbours.” The majority of houses within the immediate area (with the exception of Howgill and Thorn Croft) front onto either Fairybead Lane or the road which Thorn Lodge itself fronts onto. Howgill and Thorn Croft have been developed in the 1990‟s and are considered to be back land development. The Inspector in his consideration of the allowed appeal for a dwelling to the rear of Thorn Lodge drew a line between Howgill and Thorn Croft and concluded that as the rear wall of the proposed property stood roughly on the building line drawn between the properties, the proposal would have a close linkage with Thorn Lodge and would be well related to the built form of the area. The positioning of the dwelling as put forward in this application would extend beyond the building line between the rear of Thorncroft and Howgill as discussed by the inspector in the 2010 appeal. Policies within the Council‟s Core Strategy seek to ensure that new development „reflects the existing street scene through the use of appropriate scale, mass, form, layout, high quality architectural design and use of materials‟ (Policy CS18) and „respect the character of the village or town concerned‟ (Policy CS2). It is considered that positioning the dwelling further into the open field to the rear of Thorn Lodge would lead to the loss of the open, undeveloped appearance of the land to the rear of the houses to the detriment of the character and appearance of the area. 3.8.4 The applicant has offered to submit a unilateral planning obligation to secure a 3% financial contribution towards affordable housing within the district based on the market value of the property once completed. We have been advised by the applicant that this will be in the region of £20,000 in the current market. It is not however considered that there is a requirement for a financial contribution to be paid in this case as this application simply seeks to amend the siting of the approved dwelling rather than gain consent for an additional dwelling on the site and no weight should be given to this as part of the consideration of the application. 3.8.5 It is not considered that the argument put forward in relation to the profitability of the scheme or the affordable housing contribution payable to the Council on such a property would outweigh the harm that repositioning the dwelling further from Thorn Lodge would have on the character and appearance of the area. It is therefore recommended that the application to reposition the dwelling is refused on the grounds that the proposed development encroaches into the undeveloped rural surroundings and would consolidate the spread of large scale low density housing into this area to the detriment of the character and the appearance of this area of the village contrary to policies CS1, CS2 and CS18 of the Core Strategy DPD which seek new development to reflect the existing street scene and enhance the character of the area. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities.
109 Agenda Item 9a REPORTS FOR DEBATE 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Core Strategy Policy: CS1 - Sustainable Development Principles. CS2 - Locational Strategy. CS7 - Principles for Housing. CS18 - Design of New Development. 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 There are no proposals in this report that would reduce or increase resources. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 It is not considered that the argument put forward in relation to the profitability of the scheme or the affordable housing contribution payable to the Council on such a property would outweigh the harm that repositioning the dwelling further from Thorn
110 Agenda Item 9a REPORTS FOR DEBATE Lodge would have on the character and appearance of the area. It is therefore recommended that the application to reposition the dwelling is refused on the grounds that the proposed development encroaches into the undeveloped rural surroundings and would consolidate the spread of large scale low density housing into this area to the detriment of the character and the appearance of this area of the village contrary to policies CS1, CS2 and CS18 of the Core Strategy DPD which seek new development to reflect the existing street scene and enhance the character of the area.
Gwyn Clark Head of Planning Services
Governance Checks: Checked by or on behalf of the Monitoring Officer Background Papers: Contact Officer: Aimee Richardson Telephone Number: 01768 212486
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