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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 No. 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: The Copper Dog, Leece, , 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 : 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 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 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. Where development boundaries are not identified for these settlements; instead, new, small-scale development, in the form of infilling and rounding-off, will be permitted in order to satisfy local need in the smaller villages and hamlets scattered across the District. 25. The terms “infilling” and “rounding-off” are defined in paragraph 2.25 of the Core Strategy. Infilling is defined as building taking place on a vacant plot in an otherwise built-up street frontage; rounding-off is defined as the completion of an incomplete group of buildings on land which is already partially developed, in such a way that will either complete the local road pattern or finally define and complete the boundaries of the group. 26. Policy CS1.2 is also supportive of new development in the open countryside where it involves the appropriate change of use of an existing building. 27. Policy CS6.4 supports exception sites for affordable housing subject to defined criteria 28. Policy CS8.2 Protection and Enhancement of Landscape and Settlement Character states that development proposals should be informed by and be sympathetic to the distinctive character landscapes identified in the Landscape Character Guidance and Toolkit. Proposals should demonstrate that their location, scale, design and materials will protect and conserve the special qualities and local distinctiveness of the area. 29. Policy CS8.10 seeks to promote good design which maintains or enhances the quality of the area. 30. Policy CS9.1 relates to social and community infrastructure, including the loss of community facilities, and echoes the National Planning Policy Framework 2018. Para. 83, which states that planning policies and decisions should enable ; ‘d) the retention and development of accessible local services and community facilities, such as local shops, meeting places, sports venues, open space, cultural buildings, public houses and places of worship’. 31. Saved Policy H13 relates to the conversion of rural facilities, but only where the loss of the facility would not lead to a loss of village vitality, the facility is no longer viable and the property has been marketed for at least 9 months. 32. The purpose of policy DM13 is summarised in paragraph 4.3.2 of the DPD and reads: ‘…to ensure new development is appropriate to the form of the village, enhances or maintains the vitality of the rural settlement and does not result in unacceptable intrusion into open countryside…’. It is considered that Policy DM13 should be given significant weight in decision making, as there is only one proposed main modification to the policy (Main Modifications Consultation, October 2018) which refers to the first sentence of the policy, (words within or added) and this proposed main modification does not have any bearing on the proposal, which is on the edge of a small village/hamlet. 33. Policy DM 13 sets out five criteria against which to assess the development of new housing in small villages and hamlets; • the scale and design of the proposed development is appropriate to the scale, form and character of the existing settlement, including taking account of the cumulative impact of incremental development; and • the scale and nature of the development will maintain or enhance the vitality of the rural community within the settlement where the housing is proposed; and • the site is well contained within existing landscape features, is physically connected, and integrates with, the settlement, and does not lead to an unacceptable intrusion into open countryside; and • there are either services in the settlement where the housing is being proposed, or there is good access to one or more other settlements with services, or to larger service centres; and • the small village or hamlet comprises a recognised settlement of normally 10 or more dwellings, in contiguous clusters and without significant open areas between buildings, but excluding groups of houses arising solely or mainly from the conversion of farms in isolation. 34. The previous decisions SL/2014/0794 & SL/2015/1153 are particularly relevant in the determination of this current application. The 2014 scheme proposed the demolition of the Copper Dog and the erection of 8 dwellings, including 3 affordable dwellings. This was refused at Committee with 3 reasons that cited the following: the applicant not carrying out sufficient and appropriate marketing of the Copper Dog public house; that the development was an inappropriate form of infilling and rounding off, forming a significant extension to Leece out of keeping with the locality; and that there were adverse neighbour impacts created by one of the dwellings. 35. The 2015 application proposed a scheme for the erection of 5 detached dwellings and was refused for 4 reasons, namely: the applicant not carrying out sufficient and appropriate marketing of the Copper Dog public house; that the development was an inappropriate form of infilling and rounding off, forming a significant extension to Leece out of keeping with the locality; plus 2 additional reasons of poor access and the unacceptable design and layout of the proposed houses.. 36. The appeal against the 2015 decision was dismissed, with the Inspector determining that Policy CS 1.2 applied, but did not accept the arguments made by the appellant regarding that the site should be considered under policies relating to infilling and rounding off did NOT apply, but that the key issue was the effect of the proposal on the character and appearance of the surrounding area. The Inspector also agreed with the Council’s view regarding the excessive size, scale and inappropriate design of the proposal. 37. In terms of the current proposal, it is regrettable that the retention of the public house has been lost. Although H13 is relevant, realistically due to the extended period of time that the building and its use has been redundant, that the building has no internal fittings and fixtures, is in a poor state of repair and that any residual business has long since been lost, the probability of the use being continued is highly unlikely. Members are also informed that there has been no application by the local community to seek that the Copper Dog is designated as a Community Asset, and that the Parish Council has not objected to the proposed development. 38. It is also relevant that there remains an extant Prior Notification for the demolition of the former public house. In effect the applicant could, subject to confirming the detailed methodology for demolition with the LPA, remove the building and clear the site as a result of that decision. This consent remains live for 5 years from the date of the decision. 39. In terms of the current proposal; (if the issue of the loss of the public house is set aside) the conversion of the building to a single or multiple dwellings would be acceptable under CS1.2. provided that it did not require significant extension or alteration. In previous schemes the applicant’s decision to press for a high number of dwellings, the choice of detached style houses of a relatively large size and scale and extending well beyond the footprint of the former pub, meant that the previous schemes were unacceptable. 40. In all of the previous applications the layout and design of the development has resulted in a built form that is significantly extended and larger than the former pub. However in the context of the emergent Policy DM13, this creates a more flexible approach to development on the edge of settlements that do not have an identified settlement boundary. 41. In pre-application discussions prior to the submission, the Inspector’s decision in the appeal was used as a starting point. The amount of developed footprint has been significantly reduced and the scheme has been reduced in both size and scale and numbers of dwellings proposed from those initially discussed. It is acknowledged that the architect has worked hard to produce a scheme that reduces both the numbers of units and follows more closely the existing footprint and layout of the Copper Dog. It is considered that the submitted proposal now meets all five of the policy criteria for DM13. If approved, it is further considered that it will not lead to an unacceptable intrusion into open countryside and will not set a precedent which could potentially be repeated along this part of Hard Knott Lane. As such the proposal, although a departure from the development plan, is considered to conform to the emergent policy DM13. Design and Layout 42. The proposed 4 house redevelopment of the site takes a contemporary design approach to the proposed 4 units whilst following a layout that is similar to the layout of the former pub. Similarly the footprint of the development has been purposely kept back within that of the pub dining room extension to the north, whilst to the south it has been slightly extended south and towards the house called ‘Hillside’. The three southern units are close frontage designs with the fourth unit turned so that its gable faces onto Hard Knott Lane. Access and parking follows the existing layout of the pub with the access from the north and parking to the west (rear). 43. The three frontage units A, B & C are individually designed with a simple rectangular footprint and differences in materials, roof patterns and window patterns. Two of the units provide 4 bedrooms with a single 3 bedroom unit. The most southerly units A & B are true two storey and have a similar ridge height to the existing building. To the rear of Units A, B & C are single storey flat roofed extensions. Unit C is 1 ½ storey with a front and rear dormer extension. Unit D is a one and a half storey dormer unit that is shown as having a lower relative ridge height to the other units. This arrangement addresses case officer criticism of the previous schemes by providing a more graduated roofscape from north to south as the site rises up and breaks up the bulk and solidity of the gable elevations when viewed end on. 44. The northern approach to the site along Hard Knott Lane is particularly sensitive. A view of the site as the whole site will be visible across a long sweeping and open bend with the current buildings sitting in an elevated position. The current design and layout is considered to respect this view. 45. In terms of the approach from the village to the site, the existing street scene is the view of the end gable of the pub and the close frontage roadside elevation as the road rises up. Although the proposed new dwellings will provide a different view it follows the form of that as already exists. Materials to be used include extensive use of drystone/stone walling to the lower half of the houses, Siberian larch cladding, slate roofs and sedum roofs for the flat roof elements. The submitted schedule of materials suggests the use of brickwork for some of the frontage elevations, however this detail is not confirmed and it would be appropriate to impose a condition for details of the materials. 46. Given the sensitivity of the location in terms of impacts on the street scene and setting of the settlement, it is considered appropriate to restrict permitted development rights for extensions, alterations to roofs and garden structures etc. Access and Servicing 47. The Highway Authority has not raised any objection to the continuing use of the existing entrance. However they request that the full on-site parking requirement is applied and that any alterations to the access arrangement may require a Section 184 Licence from the HA. The additional parking provision can be secured via a condition. Protected Species 48. The application is accompanied by a Bat Survey that was initially carried out in 2014 and has been updated in September 2017. This updated survey notes that the building continues to have low significance for occupation for bats; however there was bat activity around the property, although no bats were observed as exiting the property. This is taken as sufficient justification for the incorporation of bat friendly elements into the buildings. This can be sought via a condition.

Financial benefits to Local Authorities from the development 49. In accordance with the requirements introduced by Section 115 of the Housing and Planning Act 2016. The financial benefits of the proposed development are estimated below. Source Benefit Community Infrastructure Levy Nil - likely that self build exemption would apply. Business Rates / Council Nil. Tax New Homes Bonus Nil.

It is considered limited weight should be attached to the financial benefits arising from the proposed development. Council Tax is an ongoing annual income, new home bonus for four years (currently). Any financial considerations would add to the overall benefits in delivering the five year housing land supply and identified housing need on this allocated site.

CONCLUSION 50. The former Copper Dog has a complicated planning history and the manner in which the former public house has been allowed to fall into disrepair is extremely regrettable. However the local planning authority has to take into account that the pub has not been run as such for at least 5 years and that the 2014 scheme, although refused, was broadly supportive of the redevelopment of the site provided that a correct marketing exercise was carried out and that the scale of development was reduced. Although a marketing exercise was carried out for the 2015 application, the LPA’s views on the adequacy of the exercise were strongly disputed by the applicants. At the time of the appeal decision the Prior Notification for the demolition of the former public house was in place and the Inspector, although not favouring the approach taken by the applicant in using a PN acknowledged that it was a material consideration. There is in effect a stalemate with regard to the marketing exercise, however given the extended length of time that has elapsed there is a wider planning benefit for the site to be developed. The erection of market led dwellings on the Site is in conflict with the provisions of Policy CS1.2 and Policy CS6.4 of the Core Strategy. However, in appraising the policy position, the increasing weight that can be attributed in the application of Policy DM13 is particularly relevant. Support for the application, although strictly a departure from policy, is taken in the context that the latest scheme restricts the extent of development to within the footprint of the existing, any minor encroachment to the south and west is acceptable in the context of allowing the comprehensive redevelopment of the site. 51. The contemporary approach taken to the latest scheme is a fresh interpretation of how the site can be developed. Whilst the house designs may not be to everyone’s taste, they provide an originality of design and arrangement of form and shape and that was absent in the previous submitted schemes. The choice of materials and finishes whilst requiring some refinement are appropriate in this location. 52. The landscape, visual and settlement character impacts of development on the site are it is considered not significant.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition (2) The development hereby permitted shall be carried out in accordance with the following approved plans: 1;1250 scale - Location Plan - Dwg No 001 – Received 01/11/2018 1:200 scale –Site plan as existing – Dwg No 003 – Received 01/11/2018 1:200 scale –Site plan as existing – Dwg No 003 – Received 01/11/2018 1:200 scale –Site plan as proposed – Dwg No 006 – Received 0/11/2018 1:200 scale – Floor plans as proposed – Dwg No 007 – Received 01/11/2018 1:200 scale – Elevations & sections– Dwg No 008 – Received 01/11/2018 1:200 scale – Elevations & sections– Dwg No 009 – Received 01/11/2018 1:200 scale – Elevations & sections– Dwg No 010 – Received 01/11/2018

Reason For the avoidance of doubt and in the interests of proper planning.

Condition (3) Notwithstanding the material schedules as shown on the approved plans: a) No development shall commence until samples and details of the materials to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. b) Development shall be carried out in accordance with the approved details of materials unless otherwise agreed in writing with the Local Planning Authority. Reason To ensure the development is of a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and saved Policy S2 of the South Lakeland Local Plan.

Condition (4) The extent of development hereby permitted is restricted to the area outlined in red on the approved site plan Dwg No 006 Received 07/11/2018 . Reason For the avoidance of doubt and to define the extent of developable land in the interests of proper planning.

Condition (5) All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out before any part of the development is occupied or in accordance with a programme to be agreed in writing with the Local Planning Authority prior to any development commencing. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation. Reason To safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

Condition (6) a) 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, height, design, materials and type of boundary treatment(s) to be erected. b) The boundary treatment(s) shall be completed as approved before the development is occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority. Reason These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

Condition (7) Notwithstanding the details as shown on the approved plans; a) 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, height, design, materials and type of boundary treatment(s) to be erected. b) The boundary treatment(s) shall be completed as approved before the development is occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority. Reason These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

Condition (8) Notwithstanding the details as shown on the submitted plans; no development shall commence unless and until a parking layout for the development has been submitted to and approved in writing by the Local Planning Authority. Prior to first occupation of the development, the approved parking layout shall be constructed, marked out and made available for use and shall be retained as such thereafter. The parking spaces shall be used solely for the benefit of the occupants and visitors of the development hereby approved and for no other purpose. Reason These details are required to be approved before the commencement of development in the interests of highway safety and in accordance with saved Policy S10 of the South Lakeland Local Plan.

Condition (9) The development shall not be occupied until the surface water drainage works have been completed on site in accordance with the drainage strategy by M & P Gadsden and deposited with the LPA on 01/ 11/2018. The approved works shall be retained as such thereafter Reason To ensure adequate provision is made for the management of surface water and sewage disposal in accordance with saved Policy S26 of the South Lakeland Local Plan.

Condition (10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development of the type described in Class A, B, C, D, E of Part 1 and Class A Part 2 of Schedule 2 of that Order shall be undertaken without the express permission of the Local Planning Authority. Reason To ensure the development remains its integrity of design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and saved Policy S2 of the South Lakeland Local Plan.

Condition (11) Prior to the commencement of development a bat mitigation strategy as identified the mitigation strategy described in the Bat Survey prepared by Jenny Holden and deposited with the Local Planning Authority on 01/11/2018. Such mitigation shall include the provision of bat boxes and/or ingress to the proposed dwellings. Reason For the avoidance of doubt and to prevent harm to protected species in accordance with Policy CS8.4 of the South Lakeland Core Strategy.