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Sl.2018.0884 Scarbarrow T r a c Hill k 30.9m Hillside 33.6m Above Gate Farm 28.8m R ockm ount Sto ne lea g Bankfield in L is yn a e de R us ne Ho In wo od Woodgarth Browedge Winander 23.9m Ashmount Tarnview Cottage 1 Hall err Hallside T rk House 6 a P 1 Violet House LB TCB 3 Jesmond T Glen Roy Cottage Mid S to ER w W Tarn Avondale n C O ot FL Jasmar Th tag M Cottage e e id B F t ra M a ow m r B b id m n St Margrets ria les to r B w Benson Cottage H a n o rn use Bluestones B 21.0m A arn rm Co er V ttag Little iew e Car Cote C rick ott age Sea R Vie Lane End os Co w 22.3m e C tta House ot ge t 1 age Leece West View Tk 3 y Sunrise Bradle The House Newland Leece Smithy Leece Tarn Wrey 24.4m 1 3 e Tank Pear Tre Cottage Tarnside Cottage Tarnside Overflow 1 27.6m 21.7m " Tarn Foot House 6 Tarnfoot Dalegarth Farm Waterwood SL/2018/0884 The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office. The Copper Dog Licence o. 100024277 & Crown Copyright Unauthorised reproduction infringes Crown Copyright Leece and may lead to prosecution or civil proceedings LA12 0QP Scale: 1:10000 SL/2018/0884 PARISH: Aldingham The Copper Dog, Leece, Ulverston, LA12 0OP PROPOSAL: The demolition of the former Copper Dog and the erection of 4 detached dwellings APPLICANT: Mr A Groves, Leece Homes Ltd Grid Ref: E: 324515 N: 469633 Committee date: 7 February 2019 SUMMARY 1. A detailed planning application for 4 dwellings at the former Copper Dog, Leece. 2. The principal issues comprise; the principle of development; the application of policies relating to Open Countryside; the emergent Development Management policies; size, scale and numbers of dwellings; and the impact of such development on the landscape character. The application has been brought for consideration by Members of the Planning Committee as the proposal represents a departure from the adopted Development Plan. RECOMMENDATION 3. That the application is GRANTED planning permission, subject to conditions set out at the end of this report. DESCRIPTION AND PROPOSAL Site description 4. The site is a disused public house located at the northeast extremity of the village of Leece on an elevated area of land which adjoins open fields to the north and east, to the south is a dwelling; further to the south west and to the west are various agricultural buildings. 5. The site comprises a traditional extended two storey building positioned on the frontage of the road serving the village, known as Hard Knott Lane. The building includes first floor letting rooms and manager’s accommodation, ground floor bar facilities, kitchen, and customer toilets. 6. Access to a rear car park area is located to the northeast of the buildings and appears to have been updated at approximately the time when the public house was extended with an enlarged car parking and service area in 2003. This is built and laid out to a standard acceptable to the Highway Authority with kerbing, visibility splay, tarmacadam surfacing and incorporating a field access to the adjacent field. A pedestrian access is taken directly off Hard Knott Lane immediately to the south of the building approximately in the location of the original access to the public house. Proposal 7. The demolition of the former public house and erection of 4 dwellings, using the existing northern access point. HISTORICAL CONTEXT 8. SL/2017/0205 - Prior Notification for the demolition of the public house buildings - 09/03/2017 SL/2015/1153 - Demolition of Public House & Erection of 5 detached dwellings –Refused - Appeal Dismissed SL/2014/0794 – Demolition of Public House & Erection of 8 dwellings including 3 affordable - Refused - 18/12/2014. SL/2005/0711 - Extensions - Grant - 09/08/2005 5/02/3412 - Dining room extension and new carpark - Grant - 31/01/2003 5/96/0291 - Formation two self-contained flats and alterations and extensions to public house - Grant 18/04/1996 CONSULTATIONS Aldingham Parish Council: 9. The parish council do not object or make any comments on the proposal. Cumbria County Council: Highways 10. The use of the existing access onto Hard Knott Lane is noted, parking appears to fall short of requirements, but there is adequate space available within the site. Given the previous use the level of proposed use is acceptable and the HA do not object. Any alterations to the layout will require a Section 184 Licence as the works will be carried out within the extent of the highway. Lead Local Flood Authority 11. The site is not identified as vulnerable to flooding and the proposed surface water system is acceptable. Natural England : 12. No comments. United Utilities: 13. The proposed surface water drainage arrangements are acceptable. No surface water should be discharged to the public sewer. If there is any variation to the approved scheme UU should be reconsulted. Neighbours / Others: 14. There have been a total of 6 representations, 2 in support, 2 commenting and 2 objecting. Object - Has been allowed to decline and become derelict Pub was and is an important village amenity Design is too contemporary and out of keeping Type and size of dwellings are too large and unaffordable Plans unclear Agricultural activities on adjacent land and access will not impact on proposal Support - Will tidy and improve what is currently an eyesore Exciting designs Comment - Highway comments on acceptability and usage of entrance Design and clarity of plans – too contemporary and difficult to relate to existing building Demolition consent may have expired – Regards that the Prior Notification is no longer valid. POLICY ISSUES 15. Planning law requires that applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise. South Lakeland Core Strategy (CS): 16. Policy CS1.1 Sustainable Development Principles Policy CS1.2 The Development Strategy Policy CS 3.1 Ulverston and Furness Policy CS6.1 Meeting the Housing Requirement Policy CS6.2 Dwelling Mix and Type Policy CS6.3 Provision of Affordable Housing Policy CS8.2 Protection and Enhancement of Landscape and Settlement Character Policy CS8.4 Biodiversity and Geodiversity Policy CS8.7 Sustainable Construction, Energy Efficiency and Renewable Energy Policy CS8.8 Development and Flood Risk Policy CS8.10 Design Policy CS9.1 Community Assets Policy CS9.2 Developer Contributions Policy CS10.2 Transport Impact of New Development Local Plan Land Allocations: Development Plan Document (DPD): 17. Policy LA1.0 Presumption in Favour of Sustainable Development Policy LA1.1 Development Boundaries Saved Policies of the South Lakeland Local Plan (LP): 18. Saved Policy H13 Conversion of Rural Facilities Saved Policy S2 South Lakeland Design Code Saved Policy S3 Landscaping Saved Policy S10 Parking Provision in new Development Saved Policy S26 Sewage Treatment and Disposal South Lakeland Development Management Policies Development Plan Document (DM DPD): 19. Policy DM1 General Requirements for All Development Policy DM2 Achieving Sustainable High Quality Design Policy DM6 Flood Risk Management and Sustainable Drainage Systems Policy DM9 Parking Provision, New and Loss of Car Parks Policy DM11 Housing Optional Technical Standards Policy DM13 Housing in small villages and hamlets 20. The DMDPD is in the process of preparation. On the 28th February 2018 the DMDPD was submitted to the Secretary of State for Examination. Outstanding objections exist to the respective policies which are currently subject to a six week consultation process following modifications; therefore, limited weight only can be given to the policies in decision taking. NPPF July 2018: 21. The National Planning Policy Framework (NPPF) is a material planning consideration. The following paragraphs are considered pertinent to the consideration of the proposal. • Paragraphs 8, 9, 10, 11 and 12 – Achieving Sustainable development and the presumption in favour of sustainable development. • Paragraph 12 – ‘The presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making…’. • Paragraph 15 – ‘the planning system should be genuinely plan-led…’. • Paragraph 47 – ‘…applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise…’. • Paragraph 48 - In relation to emerging Local Plan - Development Management DPD Policies applying, LPAs may give weight to relevant policies in emerging plans according to: a) the stage of preparation of the emerging plan (the more advanced its preparation, the greater weight that may be given); b) the extent to which there are unresolved objections to relevant policies; c) the degree of consistency of the relevant policies in the emerging plan to the July 2018 NPPF, the greater the weight that can be given. Council Plan 2014 – 2019: 22. The Council has four priorities: the economy; housing; environment; and culture and wellbeing. It states that the Council will help deliver new affordable and open market housing and enhance and protect the district’s high quality environment. ASSESSMENT Principle 23. The Development Strategy (Policy CS1.2) explains that development will be concentrated in Kendal and Ulverston, then in the Key Service Centres, followed by a number of designated Local Service Centres and, finally, the smaller villages, hamlets and the open countryside. 24. Leece is not identified as having a Settlement Boundary and is therefore in terms of CS1.2 considered to be Open Countryside. The Strategy states that approximately 11% of new housing and employment development will be in the network of smaller villages and hamlets.
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