DEVELOPMENT SERVICES

PLANNING COMMITTEE

FOR DECISION

13th July 2021

Ladies and Gentlemen,

The applications within this report have been submitted for determination under the Town and Country Planning Acts and associated legislation.

All applications within this report are “Delegated” to this Committee but can be moved “Non-Delegated” by a Member of the Committee under the terms adopted for the Scheme of Delegation approved by Council, 16th May, 1994. Any such motion needs to be accepted by a majority of Members of the Committee present (Council, 8th August, 1995). All applications left as Delegated will be decided by the Committee and will not be subject to confirmation by Council.

The application plan numbers also refer to files for the purposes of background papers.

PUBLIC PARTICIPATION

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 12 noon, three working days before the date of the Planning Committee meeting. Information on how to make the application can be obtained by viewing the Council’s website www.barrowbc.gov.uk or by contacting the Planning Business Support Team at [email protected] or by telephone on 01229 876405..

Jason Hipkiss

Development Services Manager (Planning and Enforcement)

Page 1 of 65 B13/2020/0803 Planning Committee

13th July 2021

Application Number : B13/2020/0803 Date Valid :10/12/2020 Address : 79A Market Street Dalton-in- Case Officer : Charles Wilton Furness Cumbria LA15 8DL Proposal : Demolition of existing retail property located within a conservation area and hard standings, erection of terrace of 4 dwellings with garages and landscaping. Change of use of the site from retail to residential Parish : Dalton Town with Newton Parish Ward : Dalton South Ward Council Applicant : Mr I Brocklebank Agent : Chris Bugler Architect Ltd Recommendation :

That Committee resolve to support the proposed scheme but that the decision to grant conditional planning permission be Statutory Date : 04/02/2021 delegated to the Planning and Enforcement Manager pending resolution of further detailing(windows, doors, elevational treatment, roof - eaves/ridge/gable treatment) and materials.

Barrow Planning Hub

Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

Local Plan Policies

1. Barrow Borough Local Plan 2016-2031 - Policy C2 - Development and the Coast 2. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 3. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 4. Barrow Borough Local Plan 2016-2031 - Policy DS5 – Design

Page 2 of 65

Summary of Main Issues

The application raises a number of complex, sometimes finely balanced issues including the application of the sequential and exemption tests re site location with flood risk zone, the finding that the development will not preserve or enhance the conservation area, the conclusion on policy re residential development within the town centre, and the weight to be afforded to the building's poor structural condition whether further collapse cannot be ruled out

Non Material Considerations

Response to Publicity and Consultations

Neighbours Consulted

Street Name Properties Fell Croft 30, 32, 34, 36, Market 75, The Flat 75, 75 77, 79, 80, 81, The Flat 81, 83, The Flat 83A, 84, Flat 85, Street 85, 86 88, Flat 87, 87, 87A, Flat 88, 89, 91, 93, 95, Flat 97, 97, Flat 99, 99, Nelson The Kiln House, Street Rowlinson 10, 21, 23, 25, 27, 29, 31, 33, 35, 5, 5A, Arnold Bungalow, Place South Row 141,

Responses Support Object Neutral

6 0 4 2 Organisations Consulted Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Planning Policy) Barrow Borough Council (Public Protection Services) Cumbria County Council (Archaeology) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways) Cumbria County Council (LLFA) Dalton With Newton Town Council Environment Agency (Contamination, Flood and Pollution) Joint Committee of the National Amenity Society United Utilities (Asset Protection)

Page 3 of 65 List of Organisation Responses

14/12/2020

Barrow Borough Council (Building Control)

“Building regulation approval required for the proposals”.

15/12/2020

Cumbria County Council (Historic Environment Officer)

“The building proposed for demolition comprises a small complex of connected individual buildings that may have had separate origins and historical functions. The heritage statement submitted with the application considers the historical origin of the building complex and it is clear that the majority of the complex is shown on the OS town plan of 1890. Whether the buildings appear on the earlier 1850 OS map is uncertain; a terrace of buildings is shown on the site but the heritage statement argues that these buildings have a different outline to the present ones and so the existing buildings date to after the production of the map. Bearing in the difficulties of scale and the quality of the 1850 map’s reproduction however, it seems to me that the terrace of buildings on the 1850 map and the existing buildings on the site facing Market Street are on a very similar alignment and there is a reasonable possibility they are one in the same structure. Furthermore, the small windows on the south (front) elevation of the present building hint at an origin earlier than the second half of the 19th century. The 1890 map labels the eastern wing of the building as ‘Market Street Hall’, which may be a reference to a community function. The three narrow windows on the north gable wall of the existing eastern wing are suggestive of a civic or community purpose rather than a domestic one. Consequently, there is some evidence to indicate that the building complex has earlier origins than the later 19th century and that they had a variety of historical functions which, in the late 19th century, a included a possible community use.

The building complex proposed for demolition lies within the Dalton-in-Furness conservation area. I consider that it contributes positively to the conservation area by virtue of its age, building materials, form, and that it is illustrates the development of Dalton prior to the town’s late 19th century expansion. The total demolition of the building complex would cause less than substantial harm to the significance of Dalton-in-Furness conservation area.

Page 4 of 65

Policy HE1 of the Local Plan promotes conservation areas as key elements of the Borough’s identity and policy HE4 states developments within conservation area should preserve or enhance the character and appearance of the conservation area. Where an application proposes demolition of an asset that contributes to the significance of the conservation area, policy HE5 states that it will not be permitted unless the test set out in the NPPF is met. This test requires the harm to the designated heritage asset (the conservation area) to be considered against the public benefits of the proposed development. The heritage statement does not describe any public benefits of the proposed development. Therefore, the application, as it stands, seems to be contrary to policies set out in the Local Plan and also guidance in the NPPF. Please note that this advice relates only to the public benefits or losses to the historic environment and there may well be other issues that need to be considered in the determination of the application.

Please do not hesitate to contact me if you have any queries regarding the above."

16/02/2021

Cumbria County Council ( Historic Environment Officer)

"Thank you for re-consulting me on the above application.

Further to my letter dated 15 December 2020, a structural report of the buildings has been submitted. The report’s conclusions are that the buildings are in such a poor state that they have ‘gone past the point of saving’ and are recommended for demolition.

Given the historical interest of the buildings, I recommend that, in the event planning consent is granted, they are recorded prior to demolition. As far as it is safe to do so, this recording should be in accordance with a Level 2 Survey as described by Historic England in Understanding Historic Buildings A Guide to Good Recording Practice, 2016. I advise that the recording can be secured by attaching a condition to any planning consent and I suggest the following form of words:

Prior to the carrying out of any demolition work the existing buildings affected by the proposed development shall be recorded in accordance with a Level 2 Survey as described by Historic England’s document Understanding Historic Buildings A Guide to Good Recording Practice, 2016. Within 2 months of the commencement of construction works a digital copy of the resultant Level 2 Survey report shall be furnished to the Local Planning Authority.

Reason: to ensure that a permanent record is made of the buildings of historical interest prior to their demolition as part of the proposed development.

Page 5 of 65

Furthermore, there is also the potential that the construction ground works of the proposed dwellings will disturb buried archaeological assets. Dalton is a medieval town and Furness Abbey established its secular court there from the 13th century. With its castle, market and flourishing iron industry, Dalton was the largest and most important settlement in Furness and the surrounding area during the medieval period. I therefore also recommend that, in the event planning consent is granted, the construction ground works should be subject to a programme of archaeological recording. This recording should be carried out during the course of the development (a watching brief) and can be secured through the inclusion of a condition in any planning consent. I suggest the following form of words:

Prior to the commencement of development a written scheme of archaeological investigation must be submitted by the applicant and approved by the Local Planning Authority. Once approved, the scheme shall be implemented in full with an archaeological watching brief being undertaken by a qualified archaeologist. Within two months of the completion of the development, a digital copy of the archaeological report shall be furnished to the Local Planning Authority.

Reasons: 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 investigation and recording of such remains.

Please do not hesitate to contact me if you have any queries regarding the above."

14/12/2020

Cumbria County Council (Emergency Planning)

Our response is the following:

There are no objections to the proposed development but it should be noted that the proposed development is situated within the potential inundation area for Harlock and Poaka Beck Reservoirs. These Reservoirs falls under the Water Framework Directive and has a prepared off site emergency planning.

Accordingly I would be grateful if you could, in the event of the application being approved, advise the applicant to liaise with this office to allow for further discussion.

04/01/2021

Highways Cumbria County Council (Highways)

Thank you for your consultation on 11 December 2020 regarding the above Planning Application. Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below.

Page 6 of 65

Highways response:

It is not clear that there is sufficient parking space accommodated for the proposed development. For properties with 2, 3 and 4 bedrooms it is requirement of minimum 2 parking spaces. Driveway space needs to be long enough to accommodate a vehicle without protruding out from the property into the footway or other part of the highway. It should also be possible for any doors or gates to be operational whilst the vehicle is on the driveway, which means that a garage (where provided) or door must be accessible as should any opening gateway at the commencement of the driveway, doors or gates should also not open into the highway. for the parking space in front of the garage we would expect at least 6m length to allow garage door to be open while vehicle is parked on the drive. This especially relates to the garage number 2 where there will be not enough space to park the car without protruding onto the road.

Conclusion:

In light to the above I am not in the position to provide the full response. Further clarification need to be provided to satisfy Highways Authority in terms of adequate parking accommodation for the development. Otherwise I will have no alternative as to recommend refusal:

The Local Planning Authority considers that in the absence of adequate on-site parking space the proposed development would be likely to result in vehicles being parked outside the site on the county highway to the detriment of the free flow of traffic and road safety.

Reason: To support Local Transport Plan Policy: LD7, LD8

04/01/2021

Cumbria County Council (LLFA)

Thank you for your consultation on 11 December 2020 regarding the above Planning Application. Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below.

LLFA response:

The LLFA surface water map show flooding to the area and indicate up to 1% (1 in 100) chance of occurring each year and the Environment Agency (EA) surface water maps indicate that the site is in flood zone 2 and 3. The applicant should consult with the Environment Agency regarding a flood risk assessment.

Page 7 of 65

08/01/2021

Dalton With Newton Town Council

"The Town Council have serious concerns that the consultation process in relation to this development has not been conducted as set out, of the properties that will be directly affected, several if not all of the properties stated on the Borough Council website as being consulted at Rowlinson Place have not to date received notice of this development therefore removing their ability to comment on the application, In addition the Town Council did not receive formal notice of the application, instead picking the details up from the weekly list and having carried out a site visit, the required advertisement on site cannot be found anywhere in the vicinity either, perhaps the Planning Officer would be kind enough to inform us of the location at their earliest convenience.

The Town Council acknowledge that the state of the existing building on the site is extremely poor and the current layout does not lend itself to the creation of four properties by dividing the existing building therefore realistically, demolition is the only available option to the applicant.

The Town Council do not believe that the details on the application form at 10. Vehicle parking are entirely accurate. The business was, until relatively recently, an operating greengrocers and car parking facilities were provided to the rear of the site and were well used by both shoppers and local residents (out of hours) and continue to be so despite the retail premises having closed, the loss of this facility will have a direct impact on the immediate area, as the proposed properties are 2 x 3 bedrooms and 2 x4 bedrooms, it is assumed that future occupiers would have more than one vehicle but have only one parking space allocated, this is likely to cause problems for residents of Rowlinson Place who already have problems with vehicles blocking access to their garages etc, to protect the facilities of the existing residents the Town Council would request that a condition is attached to any permission granted requiring the applicant to contribute to the improvement and increase in parking spaces on nearby Nelson Street Car Park which is in the ownership of Barrow Borough Council and currently sees facilities provided free of charge to users.

At Q.9 Pedestrian and Vehicle Access, Roads and Rights of Way It is stated that a new or altered vehicular access is proposed to or from the public highway, however the Town Council cannot see any plans related to that new access published on the Borough Council website in relation to the application. It is assumed that this relates to the only vehicular access to the site which is via Nelson Street. The proposed site exits via this junction onto Nelson Street which is a busy thoroughfare used by numerous vehicles including buses and coaches going to and from Dowdales School. The junction has already attracted complaints from existing residents who complain that the parking restrictions on Nelson Street (Double Yellow Lines) are far too close to the junction resulting in very poor visibility when exiting the site. It is acknowledged that the County Council Highways are currently looking at an extension of the parking restrictions and the Town Council would request that this is expedited to prevent problems with construction traffic should permission be granted.

Page 8 of 65 To protect the existing residents the Town Council would request a condition be attached to any permission granted to deal with potential problems caused by construction traffic."

12/01/2021

Dalton With Newton Town Council

"The Town Council have serious concerns that the consultation process in relation to this development has not been conducted as set out, of the properties that will be directly affected, several if not all of the properties stated on the Borough Council website as being consulted at Rowlinson Place have not to date received notice of this development therefore removing their ability to comment on the application, In addition the Town Council did not receive formal notice of the application, instead picking the details up from the weekly list and having carried out a site visit, the required advertisement on site cannot be found anywhere in the vicinity either, perhaps the Planning Officer would be kind enough to inform us of the location at their earliest convenience.

The Town Council acknowledge that the state of the existing building on the site is extremely poor and the current layout does not lend itself to the creation of four properties by dividing the existing building therefore realistically, demolition is the only available option to the applicant.

The Town Council do not believe that the details on the application form at 10. Vehicle parking are entirely accurate. The business was, until relatively recently, an operating greengrocers and car parking facilities were provided to the rear of the site and were well used by both shoppers and local residents (out of hours) and continue to be so despite the retail premises having closed, the loss of this facility will have a direct impact on the immediate area, as the proposed properties are 2 x 3 bedrooms and 2 x4 bedrooms, it is assumed that future occupiers would have more than one vehicle but have only one parking space allocated, this is likely to cause problems for residents of Rowlinson Place who already have problems with vehicles blocking access to their garages etc, to protect the facilities of the existing residents the Town Council would request that a condition is attached to any permission granted requiring the applicant to contribute to the improvement and increase in parking spaces on nearby Nelson Street Car Park which is in the ownership of Barrow Borough Council and currently sees facilities provided free of charge to users.

At Q.9 Pedestrian and Vehicle Access, Roads and Rights of Way It is stated that a new or altered vehicular access is proposed to or from the public highway, however the Town Council cannot see any plans related to that new access published on the Borough Council website in relation to the application. It is assumed that this relates to the only vehicular access to the site which is via Nelson Street. The proposed site exits via this junction onto Nelson Street which is a busy thoroughfare used by numerous vehicles including buses and coaches going to and from Dowdales School. The junction has already attracted complaints from existing residents who complain that the parking restrictions on Nelson Street (Double Yellow Lines) are far too close to the junction resulting in very poor visibility when exiting the site. It is acknowledged that the County Council Highways are currently looking at an extension of the parking restrictions and the Town Council would request that this is expedited to prevent problems with construction traffic should permission be granted.

Page 9 of 65

To protect the existing residents the Town Council would request a condition be attached to any permission granted to deal with potential problems caused by construction traffic."

22/12/2020

Environment Agency (Contamination, Flood and Pollution)

"Thank you for consulting us on the above application, which we received 11 December 2020.

Environment Agency position In the absence of an acceptable Flood Risk Assessment (FRA) we object to this application and recommend that planning permission is refused.

Reasons The submitted FRA (produced by M&P Gadsden, referenced CN20079, dated 05/11/2020) does not comply with the requirements for site-specific flood risk assessments, as set out in paragraphs 30 to 32 of the Flood Risk and Coastal Change section of the planning practice guidance. The FRA does not therefore adequately assess the flood risks posed by the development. In particular, the FRA fails to:

 correctly take the impacts of climate change into account. Page 6 of the FRA shows out of date climate change allowances. Please see https://www.gov.uk/guidance/flood-risk-assessments-climate-change- allowances#table-1 which has updated allowances and apply the relevant one to this proposal (North West, higher central and upper end for the lifetime of the development)  define the lifetime of the development  Consider additional or alternative flood mitigation measures

The current proposed finished floor level of 33.08mAOD is lower than the undefended design flood level (33.32-33.33mAOD) and has not had the relevant climate change allowance applied.

Overcoming our objection To overcome our objection, the applicant should submit a revised FRA which addresses the points highlighted above. If this cannot be achieved, we are likely to maintain our objection. Please consult us on any revised FRA submitted and we will respond within 21 days of receiving it."

Page 10 of 65

08/02/2021

Environment Agency (Contamination, Flood and Pollution)

Thank you for consulting us on the above application, which we received 20 January 2021.

We have reviewed the updated FRA, produced by M & P Gadsden (reference: CN20079, V4, Date 05/01/2021).

Environment Agency position

We are satisfied that the updated Flood Risk Assessment (FRA) addresses the concerns raised in our previous response (Ref NO/2020/113178/01 dated 21 December 2020 and we therefore withdraw our objection.

We have reviewed the FRA in so far as it relates to our remit and we are satisfied that the development would be safe without exacerbating flood risk elsewhere if the proposed flood risk mitigation measures are implemented. The proposed development must proceed in strict accordance with this FRA and the mitigation measures identified as it will form part of any subsequent planning approval. Any proposed changes to the approved FRA and / or the mitigation measures identified will require the submission of a revised FRA.

18/12/2020

Joint Committee of the National Amenity Societies

"Thank you for consulting us on this planning application. We have reviewed the documents available on your website, and while the Ancient Monuments Society generally supports the regeneration of town centres, it must object at this stage due to the lack of supporting information to justify the loss of a historic building within the Dalton Conservation Area.

Policy HE5: Demolition in a Conservation Area in the Barrow Borough Local Plan (2016- 2031) requires applicants to demonstrate that “it is unrealistic for the building to continue in its existing use and a suitable alternative use cannot be found; or The building is in poor structural condition and the cost of repairing and maintaining it would be disproportionate to its importance and value.”

Therefore, before Council can consider demolition of this market town building, thought to date from the late 1800s, it must be demonstrated that reasonable efforts have been made to market the property for a new retail/ commercial/ mixed use. The applicant should also demonstrate that the building cannot be readily repaired and adapted for a new use.

Section 72(1) of the Planning (Listed Building and Conservation Area) Act 1990 requires local authorities to preserve or enhance the character or appearance of a conservation area. Paragraph 200 of the NPPF also encourages local authorities to look for opportunities to enhance or better reveal the significance of Conservation Areas. The focus should therefore be on the revitalisation of existing buildings within conservation areas.

Page 11 of 65 Following Barrow Borough Council’s to declare a Climate Emergency in July 2019, the AMS believes Council should be actively encouraging the retention and reuse of historic buildings and structures that can be readily adapted and incorporated into new developments, to help meet climate change targets.

I would be grateful if the AMS could be informed of the outcome when this becomes available."

07/01/2021

United Utilities

Drainage

In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way.

We request the following drainage conditions are attached to any subsequent approval to reflect the above approach detailed above:

Condition 1 – Surface water

No development shall commence until a surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme must include:

(i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water; (ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and (iii) A timetable for its implementation.

The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.

The development hereby permitted shall be carried out only in accordance with the approved drainage scheme.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

Condition 2 – Foul water

Foul and surface water shall be drained on separate systems.

Page 12 of 65 Reason: To secure proper drainage and to manage the risk of flooding and pollution.

The applicant can discuss any of the above with Developer Engineer, Josephine Wong, by email at [email protected].

Please note, United Utilities are not responsible for advising on rates of discharge to the local watercourse system. This is a matter for discussion with the Lead Local Flood Authority and / or the Environment Agency (if the watercourse is classified as main river).

If the applicant intends to offer wastewater assets forward for adoption by United Utilities, the proposed detailed design will be subject to a technical appraisal by an Adoptions Engineer as we need to be sure that the proposal meets the requirements of Sewers for Adoption and United Utilities’ Asset Standards. The detailed layout should be prepared with consideration of what is necessary to secure a development to an adoptable standard. This is important as drainage design can be a key determining factor of site levels and layout. The proposed design should give consideration to long term operability and give United Utilities a cost effective proposal for the life of the assets. Therefore, should this application be approved and the applicant wishes to progress a Section 104 agreement, we strongly recommend that no construction commences until the detailed drainage design, submitted as part of the Section 104 agreement, has been assessed and accepted in writing by United Utilities. Any works carried out prior to the technical assessment being approved is done entirely at the developers own risk and could be subject to change.

Management and Maintenance of Sustainable Drainage Systems

Without effective management and maintenance, sustainable drainage systems can fail or become ineffective. As a provider of wastewater services, we believe we have a duty to advise the Local Planning Authority of this potential risk to ensure the longevity of the surface water drainage system and the service it provides to people. We also wish to minimise the risk of a sustainable drainage system having a detrimental impact on the public sewer network should the two systems interact. We therefore recommend the Local Planning Authority include a condition in their Decision Notice regarding a management and maintenance regime for any sustainable drainage system that is included as part of the proposed development.

For schemes of 10 or more units and other major development, we recommend the Local Planning Authority consults with the Lead Local Flood Authority regarding the exact wording of any condition. You may find the below a useful example:

Prior to occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum: a. Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.

Page 13 of 65 The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.

Please note United Utilities cannot provide comment on the management and maintenance of an asset that is owned by a third party management and maintenance company. We would not be involved in the discharge of the management and maintenance condition in these circumstances.

Water Supply

If the applicant intends to obtain a water supply from United Utilities for the proposed development, we strongly recommend they engage with us at the earliest opportunity. If reinforcement of the water network is required to meet the demand, this could be a significant project and the design and construction period should be accounted for. To discuss a potential water supply or any of the water comments detailed above, the applicant can contact the team at [email protected].

Please note, all internal pipework must comply with current Water Supply (water fittings) Regulations 1999.

United Utilities’ Property, Assets and Infrastructure

A water main crosses the site. As we need unrestricted access for operating and maintaining it, we will not permit development over or in close proximity to the main. We require an access strip as detailed in our ‘Standard Conditions for Works Adjacent to Pipelines’, a copy of which is enclosed. The applicant must comply with our ‘Standard Conditions’ document. This should be taken into account in the final site layout, or a diversion may be necessary. Unless there is specific provision within the title of the property or an associated easement, any necessary disconnection or diversion required as a result of any development will be at the applicant's expense. If considering a water mains diversion, the applicant should contact United Utilities at their earliest opportunity as they may find that the cost of mains diversion is prohibitive in the context of their development scheme. The Water Industry Act 1991 affords United Utilities specific rights in relation to the maintenance, repair, access and protection of our water infrastructure;

 Sections 158 & 159, outlines the right to inspect, maintain, adjust, repair or alter our mains. This includes carrying out any works incidental to any of those purposes.

Service pipes are not our property and we have no record of them.

 Under Section 174 of the Act it is an offence to intentionally or negligently interfere with any resource main or water main that causes damage to or has an effect on its use or operation.

Page 14 of 65

It is in accordance with this statutory provision that we provide standard conditions to assist developers when working in close proximity to our water mains. Both during and post construction, there should be no additional load bearing capacity on the main without prior agreement from United Utilities. This would include earth movement and the transport and position of construction equipment and vehicles. A public sewer crosses this site and we may not permit building over it. We will require an access strip width of six metres, three metres either side of the centre line of the sewer which is in accordance with the minimum distances specified in the current issue of Part H of the Building Regulations, for maintenance or replacement. Therefore a modification of the site layout, or a diversion of the affected public sewer may be necessary. All costs associated with sewer diversions must be borne by the applicant.

To establish if a sewer diversion is feasible, the applicant must discuss this at an early stage with our Developer Engineer at [email protected] as a lengthy lead in period may be required if a sewer diversion proves to be acceptable.

Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems.

Where United Utilities’ assets exist, the level of cover to the water mains and public sewers must not be compromised either during or after construction.

For advice regarding protection of United Utilities assets, the applicant should contact the teams as follows:

Water assets – [email protected] Wastewater assets – [email protected]

It is the applicant's responsibility to investigate the possibility of any United Utilities’ assets potentially impacted by their proposals and to demonstrate the exact relationship between any United Utilities' assets and the proposed development.

A number of providers offer a paid for mapping service including United Utilities. To find out how to purchase a sewer and water plan from United Utilities, please visit the Property Searches website; https://www.unitedutilities.com/property-searches/

You can also view the plans for free. To make an appointment to view our sewer records at your local authority please contact them direct, alternatively if you wish to view the water and the sewer records at our Lingley Mere offices based in Warrington please ring 0370 751 0101 to book an appointment.

Due to the public sewer transfer in 2011, not all sewers are currently shown on the statutory sewer records and we do not always show private pipes on our plans. If a sewer is discovered during construction; please contact a Building Control Body to discuss the matter further.

Page 15 of 65

Should this planning application be approved the applicant should contact United Utilities regarding a potential water supply or connection to public sewers. Additional information is available on our website http://www.unitedutilities.com/builders-developers.aspx"

(See attached the conditions)

Officers Report

1.Site and Locality

1.1 The application site comprises a vacant green grocers shop which included a wholesale/distribution use. The building is as a result quite extensive with a footprint of 380m² on a site of 950m². The retail element occupied the front of the property assessed from Market Street whereas the distribution use operated from the rear with access onto Nelson Street via Rawlinson Place. The property is however set back behind the main Market Street frontage but is clearly visible through a gap. A pedestrian area runs up to the front of the property and continues along its eastern boundary as a public right of way.

2. Proposal Details

2.1 Demolition of existing retail property located within a conservation area and hard standings, erection of terrace of 4 dwellings with garages and landscaping. Change of use of the site from retail to residential

3. Relevant History

3.1 1974/0229 Land in Rawlinson Place, Dalton-in-Furness Erection of five dwellings Refused 06/08/1974

3.2 1975/0425 79A Market Street, Barrow-in-Furness Change of use from warehouse to Butchers Cutting shop Appcond 07/10/1975

3.3 1975/0425 79A Market Street, Barrow-in-Furness Change of use from warehouse to Butchers Cutting shop Appcond 07/10/1975

3.4 1976/0924 Land south west of and adjoining 28 Fell Croft and at the rear of 81-89 Market Street, Dalton-in-Furness Outline application for residential development Appcond 01/03/1977

3.5 1978/0679 Workshop, 79a Market Street, Dalton-in-Furness Change of use to Social Club and Headquarters for Dalton Rugby Club Refused 05/12/1978

3.6 1979/0290 79a Market Street, Dalton-in-Furness Change of use to retail shop and store to rear Appcond 03/07/1979

3.7 1979/0353 79a Market Street, Dalton-in-Furness Change of use from joiners shop to fruit and vegetable and dairy produce shop and alterations to front elevations Appcond 03/07/1979

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3.8 1979/0588 Land and buildings adjoining 79a Market Street, Dalton-in-Furness Change of use to social club and headquarters for Dalton Rugby Club with car parking facilities Refused 02/10/1979

3.9 1983/0964 Land adjacent, 79a Market Street, Dalton-in-Furness Change of use to craft pottery and space to garage one vehicle at former Rediffusion Sub-Station Appcond 08/02/1984

3.10 46/1997/0604 J H& G Brocklebank& Sons 79a Market Street Dalton-in-Furness Erection of new shop front and installation of security shutters Appcond 26/08/1997

3.11 83/2001/1210 79 Market Street Dalton-in-Furness Cumbria LA15 8DL Display of internally illuminated static fascia sign, and a projecting sign. Appcond 17/12/2001

3.12 B22/2016/0839 79 Market Street Dalton-in-Furness Cumbria LA15 8DL Consent to display advertisements for one illuminated fascia sign and one projecting sign to front elevation. Appcond 17/01/2017

4. Officer Assessment

Introduction

4.1 The proposed development, whilst relatively small scale, raises a significant number of quite complex issues. Some of these issues are also finely balanced. The site is located within an area which has a high probability of flood - zone 3 [Environment Agency Flood Mapping]. The site is also located within the Conservation Area where development should preserve or enhance its special character. It is also located within the defined Dalton Town Centre where policy seeks to encourage town centre uses. The application has also generated objections from local residents. The report is structured under the key issues raised.

Principle of residential use

4.2 The site while vacant has a lawful use as retail (formerly class A1 now class E). The site is located within the identified Town Centre (Local Plan policy R5). Policy R6 is headed 'Non retail uses in Dalton Town Centre'. It states as follows:

Proposals for other main town centre uses (i.e. not A1) will be supported within Dalton town centre, provided: a) The proposal complements the retail function and makes a positive contribution to the vitality, viability and diversity of the town centre in terms of maintaining active continuous retail frontages, signage and hours of opening; b) The proposal would not give rise, either alone or cumulatively, to a detrimental effect on the character and amenity of the town centre; and c) The proposal would not harm the amenities of town centre residents.

Page 17 of 65

4.3 The policy is clearly written with the purpose of protecting the vitality of the town centre through retention primarily as retail. Following the 2020 revisions to the Use Classes Order, A1 retail is now embedded in a much wider town centre use class (Class E Commercial, Business and Service, bringing together uses such as retail, banks/financial services, cafes and offices), hence the role of the policy is largely lost. However as drafted the policy only covers commercial uses, and does not relate to residential development as it is not defined as a main town centre use. Whilst residential use can be considered to be harmful to the economic objectives of the policy, it falls outside of the policy and cannot be applied to this application.

Flood risk

4.4 Parts of central Dalton fall within flood risk zones 2 and 3 of which zone 3 is the highest. The application site falls partly within zone 3. This reflects the valley floor location of Market Street and the confluence of The Yarl and Poaka Beck. The Environment Agency are a statutory consultee and who advised when first consulted that the application be refused. However following the commissioning of further work the EA withdrew their objection :

We are satisfied that the updated Flood Risk Assessment (FRA) addresses the concerns raised in our previous response (Ref NO/2020/113178/01 dated 21 December 2020 and we therefore withdraw our objection.[8/02/2020]

4.5 Notwithstanding this advice there is a planning procedure which planning authorities are required to follow when assessing development proposals in flood risk zones. This starts with assessing the category of vulnerability which the existing and proposed uses fall within. There are 5 categories. Starting with the highest vulnerability:

Vulnerability categories

Essential Infrastructure

Highly vulnerable

More vulnerable

Less vulnerable

Water compatible development

Retail premises fall within the 'Less vulnerable' category whereas dwelling-houses are in the 'More vulnerable category'. The development would therefore move the use up the sequence of vulnerability. In these cases the Council is required to apply a sequential test which is summarised in the NPPF as follows:

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4.6 Sequential test

The aim of the sequential test is to steer new development to areas with the lowest risk of flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding [para 158]

4.7 The issue therefore is whether there are sufficient sites available to meet the housing demand in the local area. The Council's Local Plan was adopted only recently (2019) and provides sufficient land to meet the identified housing need of the Borough, which includes significant allocations in Dalton, and none of these sites are located within flood risk zones. The Council is also able to demonstrate a 5 year land supply. For the purposes of the sequential test it can be concluded that there are sufficient, sequentially preferable sites available to meet housing need.

4.8 The proposal therefore fails the sequential test

4.9 Exemption test

Where the sequential test is not met the decision taker is required to apply the exemption test. There are two strands to this test namely:

(a) the development would provide wider sustainability benefits to the community that outweigh the flood risk; and

(b) the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.

4.10 The EA in their comments of 8th Feb reproduced above are essentially saying that component (b) is met. It is for the decision taker ie the planning authority to arrive at a conclusion re (a). This balance is made under the conclusions section after the various issues raised by the proposal are considered.

Conservation area

4.11 The Act places a special duty on the decision taker to pay special consideration to the desirability of preserving or enhancing the conservation area in arriving at its decision. There are a number of strands to this namely the character of the conservation area, the contribution that the existing building makes to that character, and the impact which the proposed development would have on that character.

Page 19 of 65 4.12 CCC historic environment officer helpfully describes these issues as follows ;

The building proposed for demolition comprises a small complex of connected individual buildings that may have had separate origins and historical functions. The heritage statement submitted with the application considers the historical origin of the building complex and it is clear that the majority of the complex is shown on the OS town plan of 1890. Whether the buildings appear on the earlier 1850 OS map is uncertain; a terrace of buildings is shown on the site but the heritage statement argues that these buildings have a different outline to the present ones and so the existing buildings date to after the production of the map. Bearing in the difficulties of scale and the quality of the 1850 map’s reproduction however, it seems to me that the terrace of buildings on the 1850 map and the existing buildings on the site facing Market Street are on a very similar alignment and there is a reasonable possibility they are one in the same structure. Furthermore, the small windows on the south (front) elevation of the present building hint at an origin earlier than the second half of the 19th century. The 1890 map labels the eastern wing of the building as ‘Market Street Hall’, which may be a reference to a community function. The three narrow windows on the north gable wall of the existing eastern wing are suggestive of a civic or community purpose rather than a domestic one. Consequently, there is some evidence to indicate that the building complex has earlier origins than the later 19th century and that they had a variety of historical functions which, in the late 19th century, a included a possible community use

The building complex proposed for demolition lies within the Dalton-in-Furness conservation area. I consider that it contributes positively to the conservation area by virtue of its age, building materials, form, and that it is illustrates the development of Dalton prior to the town’s late 19th century expansion. The total demolition of the building complex would cause less than substantial harm to the significance of Dalton- in-Furness conservation area

4.13 When assessing the level of ‘harm’ The NPPF (paragraphs 193 – 202) categorises harm into three areas: substantial harm; less than substantial harm; and no harm. Substantial harm is a very high test and essentially means that the significance of the heritage asset would be lost as a result of the proposed development. Also it relates to 'designated heritage assets' which includes listed buildings. However in this case the application relates to an unlisted building and in such cases the designated heritage asset is the conservation area as a whole. As the loss of this building will not harm the significance of the conservation area as a whole, then the loss of this building, as CCC historic environment officer advises, will result in less than substantial harm.

4.14 It is necessary to determine the level of harm in order to apply the correct test. A finding of less than substantial harm means that the public benefits of the proposal must be considered. However this is not a flat test as the Act requires that special attention must be paid to the desirability of preserving or enhancing the character or appearance of the Conservation Area. To some extent the test has some similarity with the exceptions test re flood risk namely allowing wider public benefits to be considered. This balance is made under the conclusions section after the various issues raised by the proposal are considered

Page 20 of 65 4.15 Benefits of the proposal

Addressing the buildings condition

The existing building is vacant. Furthermore it appears incapable of use without considerable investment. Since submitting the application further work has been commissioned from structural engineers. This includes a detailed assessment and photographic record. The conclusions section is however reproduced below:

Perishment of the fabric of building can be seen throughout the property where there has been a lack of maintenance and water ingress for many years. This has resulted in ceiling collapses in several locations resulting in damaged timber floors, lintels, ceilings, and roof spaces in the areas inspected. The worst areas could not be inspected. We would estimate from our inspection that at least 80% of all timber work requires removal and replacement along with all plaster finishes

In addition to this fungal dry rot was visible within the ground floor of section 8 with the extent unknown. Dry rot can spread along and through masonry, concrete and timber, ideal conditions exist for it to spread rapidly through the building

Severe lateral movement has occurred to the eastern elevation of sections A and B. A render coat has previously been applied presumably to try to weather protect. This has cracked extensively as the wall has continued to move due to the lateral load from the roof over many years. This wall is beyond repair and needs to be demolished. The western wall to section B is in a similar state of disrepair

The front elevation has several severe cracks and has suffered from lateral movement but not to the same extent as the eastern elevation. However, all lintels need replacing and the render needs to be taken off to undertake further assessment. There are also signs that the front elevation is being under mined.

In conclusion it is our professional opinion that based on our single visit, and what we are able to inspect, that the building has fallen into disrepair and gone past the point of saving. We recommend that it is demolished. Large areas of the building could not be inspected as it had already been condemned and having inspected the remainder of the property we cannot guarantee that further catastrophic structural failure will not occur' [M&P Consulting Engineers]

4.16 Based on the above the building appears to be unusable without substantial investment and in the interim can only deteriorate further with a risk of partial collapse. Addressing these issues through re development is a clear public benefit.

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4.17 Local Plan policy HE5 (demolition in a conservation area) requires:

 Proposals for the demolition of a building in a Conservation Area must demonstrate one of the following criteria: a) It is unrealistic for the building to continue in its existing use and a suitable alternative use cannot be found; or b) The building is in poor structural condition and the cost of repairing and maintaining it would be disproportionate to its importance and value; or c) The demolition would preserve or enhance the character or appearance of the Conservation Area. Proposals for the demolition or substantial loss of a building which makes a positive contribution to the special character and appearance of a conservation area will not be permitted unless it can be demonstrated that the tests in national planning policy can be met.

4.18 No financial information has been submitted. Also the building has not been advertised for sale. The Joint Committee of the National Amenity Societies/Ancient Monuments Society, a statutory consultee, raise these matters. These are weaknesses in the justification for demolition and a refusal could potentially be substantiated on this basis. However in the context of the severe structural issues described and potential danger to the public in the intervening period, the key issue is whether anything is likely to be gained by delaying determination to allow a period of advertising and conversely whether indeed harm could occur.

Contribution to the conservation area of the proposed development

4.19 The proposed 4 houses have been designed having regard to the character of the conservation area. The area in the vicinity of the application was developed in the later part of the Victorian period as terraces of shops. These are three storeys and the upper floors were probably residential. The proposed development, albeit as houses, reflects this general form. They would take the form of a terrace of 4 houses on approximately the same alignment as the existing building. Parking is handled sensitively by being located at the rear, accessed from Rawlinson Place so as not to be visible from Market Street. From Market Street the two houses on the left are shown to be 21/2 storeys. The 2nd floor being served by half dormers reflecting 181 Market Street. New development often suffers from too small a scale compared to Victorian buildings and the additional storey combined with elevated floor height (lifted 1.2m to address flood risk) will assist in achieving a reasonable fit with the conservation area. The two houses on the right are conventional two storeys. However these are largely hidden behind other buildings and their lower height has been influenced by residential amenity issues.

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4.20 The materials are now proposed to be natural roofing slate, and the elevations are specified as blockwork with a white wet dash finish. Without further information/detailing this may fall short of the design quality required to meet the policy tests, however the general arrangement of the windows and doors appears sensitive to local character. Upvc sliding sash windows and composite doors are proposed. Sash windows are the correct form however again without further detailing it is difficult to establish whether an acceptable design quality would be achieved by the use of upvc. Also the proportions of the ground floor would dictate a triple sash arrangement which requires further consideration and detailing. Timber doors would appear to be appropriate (composite proposed) and further detailing of eaves, gable and ridge required

4.21 The proposed development would not have the historic interest of the buildings to be lost or be as harmonious in terms of age or architectural style, but the development nonetheless can be considered to be of a good standard subject to a high quality of materials/ further detailing.

Residential amenity issues

4.22 The immediate neighbours are 79 Market Street located immediately to the west, 81- 85 Market Street which are located to the south and 87a and Arnold Bungalow located to the east

4.23 The application site adjoins 79 Market Street but is set further back from the front street. 79 accommodates a 'Greggs' food unit with residential accommodation above. The gable wall of 79 is blind but the existing building adjoins its rear yard. The proposed building will be taller (11m v 7.5m) but not as deep 10.5m x 21m. The impact of the additional height on 79 is likely to be largely off set by the reduced depth of the proposed building. The proposed building also moves slightly further away (1.5m) though the section of the existing building on the boundary is single storey. There should be no impact on privacy.

4.24 81-85 all have commercial uses on the ground floor (estates agents, retail, letting agents) but with residential on the upper floors. The application site is set behind these properties so that it's front elevation faces their rear elevations. The buildings are located very close together but with a public right of way separating the two. The distance to the end of the 2 storey outrigger of 181 Market Street is only 7m. The distance to windows serving habitable accommodation at 183/185 is 9m. The applicant has sought to maintain the compact urban form of the conservation area but has taken the opportunity to set the houses back a further 2.5m. While privacy levels between the properties will be well below normal standards this has to be balanced with the conservation area objectives with Local Plan policy HE4 requiring proposals to be sensitive and appropriate to the character of the conservation area. While the proposed houses could be set much further back this would harm the enclosed, urban form of the Conservation Area. The impact on natural lighting of the increased height of the development is likely to be largely offset by the set back.

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4.25 87a is a detached, relatively modern house built at the rear of properties facing Market Street. Its western elevations contain 5 windows and these face the side elevation of 79a Market Street. Excluding the ground floor wing to 79, a distance of 18.5m separates the two buildings. This is shown to reduce to 11m. The height of the proposed building is also shown to increase from 7.5m to 10m. However the architect has sought to set back (modestly) and realign the proposed houses so that the windows in 87a largely look along the front elevation rather than having the proposed gable wall directly in front. This has been possible due to the reduced depth of the proposed houses relative to the existing building and should largely mitigate any additional impacts. No privacy issues are raised.

Highway issues

4.26 The development does not involve the creation of any new highways. Off street parking is however proposed and accessed via Rawlinson Place to the rear. CCC Highways initially objected citing inadequate parking. Essentially the parking spaces were considered too short and the garage dimensions did not meet policy requirements to be counted as parking spaces. This has been addressed via amended plans with each property having a minimum of two spaces one of which is a garage of a size which exceeds policy requirements 6m x 3m v 6m x 2.6m. In the context of a town centre site this is a high level of provision.

Drainage

4.27 Given the flood risk issues there are no alternatives to discharging surface water and foul to the public sewer as per the existing building. However the roof area of the proposed houses is considerably less than the existing building which will reduce the volume of surface water entering the sewer. Permeable paving for parking areas is also an option, subject to ground conditions. It will also be possible to attenuate the flow into the sewer as requested by United Utilities and to be secured by condition whereas currently the flow is not attenuated.

Protected species/ bio diversity net gain

4.28 While structural problems have been found it will still be necessary to establish whether protected species are present. A condition requiring a survey prior to demolition along with any mitigation needed should be secured via a condition. Also a requirement for the development to deliver a net gain in bio diversity as required by Policy DS2 and the 'Bio Diversity and Development SPD'.

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Issues raised in the representations not covered above

4.29 Parking/traffic issues are a common concern both of the Town Council and local residents. The Town Council refer to the application site containing a car park aimed at customers to the shop and how this was used by local residents outside shop opening hours albeit on an informal basis. The car park was also left to be available for parking after the business was closed. However this could only be a temporary arrangement and the car park has now been closed off . The view has been expressed that the site should be used as a public car park but there are no proposals for the site to be acquired for this purpose.

4.30 Concern has also been expressed about the traffic generated by the development including at the junction of Rawlinson Place and Nelson Street. While visibility is limited the traffic generated by the lawful use of the premises is a material planning consideration. In this context the traffic generated by 4 houses is likely to represent a significant reduction on the retail use.

4.31 Concerns were raised over whether sufficient neighbours had been consulted and in response additional notification letters were issued. A good level of notification has now been carried out beyond the statutory requirements.

5. Conclusions

5.1 Policy HE4 requires that development must be sensitive and appropriate to the character of the Conservation Area. The development in terms of siting, scale, materials and elevational treatment shows that this is achievable subject to further consideration of materials and detailing. However as it would result in the loss of a building of some age and character overall the development will not preserve or enhance the Conservation Area.

5.2 The harm has been found to be less than substantial (refer to CCC Historic Environment Officer's advice above) which under the terms of the NPPF requires the public benefits of the proposal to be considered and weighed against the identified harm. The balance is not a flat balance as Section 72 of the Act requires that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

5.3 In this case the primary public benefit is addressing not only the building's vacant state but also its potentially unstable condition with the structural report advising that:

'In conclusion it is our professional opinion that based on our single visit and what we are able to inspect that the building has fallen into disrepair and gone past the point of saving. We recommend that it is demolished. Large areas of the building could not be inspected as it had already been condemned and having inspected the remainder of the property we cannot guarantee that further catastrophic structural failure will not occur' [M&P Consulting Engineers]

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5.4 Having regard to that level of structural defect in the context of an unlisted building, coupled with an otherwise acceptable housing development I consider that the public benefits outweigh the less than substantial harm to the conservation area. However this is dependent on agreement that para 191 of the NPPF does not apply i.e. there has been no deliberate neglect.

5.5 NPPF para191 states:

"Where there is evidence of deliberate neglect of, or damage to, a heritage asset, the deteriorated state of the heritage asset should not be taken into account in any decision.."

5.6 While the structural report describes 'a lack of maintenance and water ingress for many years' this is not necessarily the same as deliberate neglect. A more clear cut case would be one where a heritage asset was abandoned in order to produce a significant uplift in site value.

5.7 Local Plan policy uses stricter wording than the Act stating that development proposals 'will only be permitted where it preserves or enhances the character or appearance of the Area" In other words no reference to a balancing exercise. However notwithstanding this a balancing exercise is still required by virtue of the Act.

5.8 Subject to a finding in the scheme's favour in the context of Section 72 of the Act/Para 191 NPPF, it follows that the public benefits outweigh the flood risk in the application of the exemption test. The public benefits include regeneration of a vacant site with 4 modest dwellings and a site which in terms of the character of the area needs to be redeveloped to form a continuous built frontage when viewed from Market Street. That is not to say that a scheme with greater public benefit could not be devised. For example one which retained a retail/main town centre use function. However such a scheme would need to be financially viable, they are seldom built speculatively and there is no current evidence of high demand particularly in the context of new build. The test in any event is whether the public benefits of a particular scheme outweigh the risk.

5.9 I consider that further detailing and clarification of materials is required. On that basis I advise that if the planning balance I have advanced is accepted then Committee resolve to support the scheme, but delegate the decision to the Planning and Enforcement Manager pending resolution of the material/further detailing required.

6. Recommendation

I recommend that Committee resolve to support the proposed scheme in principle, but that the decision to grant planning permission be DELEGATED to the Planning and Enforcement Manager pending resolution of further detailing(windows, doors, elevational treatment, roof - eaves/ridge/gable treatment) and materials but that conditions based on the following to be imposed

Draft Conditions List

Page 26 of 65 1. Standard Duration Limit

2. The development hereby permitted shall be carried out in all respects in accordance with the application dated 29th September 2020 as amended by the hereby approved plans and documents defined by this permission as listed below:

Existing Site Plan ref 56-01

Proposed Site Block Plan and Front Elevation ref 5556-02

Proposed Ground Floor Plan and Elevation ref 556-03

Proposed First Floor Plan and Rear Elevation ref 556-04

Proposed Second Floor Plan and Elevation ref 556-05

Proposed Garage Plan and Elevations ref 556-06

Flood risk assessment and proposed drainage strategy ref CN 20079 version V4

Reason: To ensure the development is only carried out as approved

3) This consent for demolition shall not be implemented until a contract for the carrying out of the works for redevelopment of the site as approved by this permission has been completed, and a copy submitted to, and agreed by, the Planning Authority.

Reason: In order to ensure that the character and appearance of the Conservation Area is preserved or enhanced, and to minimise any adverse impact upon adjacent heritage assets the Planning Authority consider that the timeframe between demolition and building works commencing should be minimised.

4. Prior to the carrying out of any demolition work the existing buildings affected by the proposed development shall be recorded in accordance with a Level 2 Survey as described by Historic England’s document Understanding Historic Buildings A Guide to Good Recording Practice, 2016. Within 2 months of the commencement of construction works a digital copy of the resultant Level 2 Survey report shall be furnished to the Local Planning Authority.

Reason: to ensure that a permanent record is made of the buildings of historical interest prior to their demolition as part of the proposed development.

5. Prior to the carrying out of any demolition work the existing buildings shall be assessed for the presence of protected species and a report of the survey findings and any mitigation considered necessary shall have been submitted to and approved in writing by the Local Planning Authority. The demolition shall only proceed in accordance with any approved scheme of mitigation

Reason. To ensure any protected species is not harmed as a result of demolition and to accord with Local Plan policy N3

Page 27 of 65 6. Prior to the commencement of development a written scheme of archaeological investigation must be submitted by the applicant and approved by the Local Planning Authority. Once approved, the scheme shall be implemented in full with an archaeological watching brief being undertaken by a qualified archaeologist. Within two months of the completion of the development, a digital copy of the archaeological report shall be furnished to the Local Planning Authority.

Reasons: 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 investigation and recording of such remains. The condition has to be pre commencement as development has the potential to destroy any archaeology which may be present

7. Prior to the commencement of any above ground works, a landscape scheme for the site, showing the trees, shrubs and hedgerows, including verges and other open spaces, together with details of any phasing of such a scheme must be submitted to and approved in writing by the Planning Authority. The scheme shall be submitted on a plan not greater that 1 :500 in scale and shall contain details of numbers, locations and species of plants to be used. All planting and subsequent maintenance shall be to current British Standards.

Reason: Landscaping can have a significant effect on how a development responds to its local environment and to ensure the development achieves a high standard of design appropriate to the Conservation Area. To accord with Local Plan policy HE4

8. Prior to the commencement of any above ground works details of the boundary treatments shall have been submitted to and approved in writing by the Local Planning Authority. The development shall then only proceed in accordance with the approved details

Reason: Boundary treatments can have a significant effect on how a development responds to its local environment and to ensure the development achieves a high standard of design appropriate to the Conservation Area. To accord with Local Plan policies DS5 and HE4

9. Prior to the commencement of any above ground works a scheme to achieve a net gain in bio diversity shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall then proceed in accordance with the approved scheme

Reason; To ensure the development delivers a net gain in bio diversity and to accord with Local Plan policy DS2

10. Details/samples to be used in the construction of the external surfaces of the houses and garages hereby approved shall have been submitted to and approved in writing by the Local Planning Authority. The development shall only proceed in accordance with the approved details

Reason: Materials can have a significant effect on how a development responds to its local environment and to ensure the development achieves a high standard of design appropriate to the Conservation Area. To accord with Local Plan policies DS5 and HE4

Page 28 of 65 11. No development shall commence until a surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme must include:

(i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water; (ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and (iii) A timetable for its implementation.

The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.

The development hereby permitted shall be carried out only in accordance with the approved drainage scheme.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution and to accord with Local Plan policy C3a

12.Foul and surface water shall be drained on separate systems with foul connected to the main sewer.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

13. No development shall take place until a Preliminary Investigation (desk study, site reconnaissance and preliminary risk assessment), to investigate and assess the risk of potential contamination, is submitted to and approved in writing by the Local Planning Authority. This investigation must be undertaken by a suitably qualified contaminated land practitioner, in accordance with established procedures (BS10175 (2011+A2:2017) Code of Practice for the Investigation of Potentially Contaminated Sites and Model Procedures for the Management of Land Contamination (CLR11)).

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Local Plan Policy C4

14. If the Preliminary Investigation identifies potential unacceptable risks, a Field Investigation and Risk Assessment, conducted in accordance with established procedures (BS10175 (2011+A2:2017) Code of Practice for the Investigation of Potentially Contaminated Sites and Model Procedures for the Management of Land Contamination (CLR11)), shall be undertaken to determine the presence and degree of contamination and must be undertaken by a suitably qualified contaminated land practitioner. The results of the Field Investigation and Risk Assessment shall be submitted to and approved by the Local Planning Authority before any development begins.

Page 29 of 65 Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Local Plan Policy C4

15. Where contamination is found which poses unacceptable risks, no development shall take place until a detailed Remediation Scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remedial options and proposal of the preferred option(s), all works to be undertaken, proposed remediation objectives, remediation criteria and a verification plan. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use.

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Local Plan Policy C4

16. The approved Remediation Scheme shall be implemented and a Verification Report submitted to and approved in writing by the Local Planning Authority, prior to occupation of the development.

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Local Plan Policy C4

17. In the event that contamination is found at any time when carrying out the approved development, that was not previously identified, it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and Field Investigations shall be carried out. Where required by the Local Planning Authority, remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to occupation of the development.

Reason: To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Local Plan Policy C4.

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18. No soil material is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material should be submitted to and approved by the Local Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out as per the agreed methodology with verification of its completion submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that only suitable material is imported onto site.

19. Prior to the commencement of any development a Construction Method Statement shall have been submitted to, and approved in writing by the Planning Authority. The Statement shall cover all phases of the development and take account of all contractors or sub- contractors . The development shall only proceed in accordance with the agreed Statement. The Statement shall include;

 Details of phasing of the construction work including a programme of work for the demolition and construction phase;  Procedures to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from plant, machinery, vehicles and deliveries, with reference to BS 5228 - Code of Practice for Noise and Vibration control on Construction and Open Sites. All measurements should make reference to BS 7445 - Description and Measurement of Environmental Noise;  Hours of working and deliveries;  Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, dust and light pollution;  Mitigation measures to control the emissions of dust and dirt during construction and demolition;  written procedure for dealing with complaints regarding the construction or demolition; A site log book to record details and action taken in response to exceptional noisy incidents or dustcausing episodes. It should also be used to record the results of routine site inspections;  Details of lighting to be used on site;  Mitigation measures, where appropriate, to ensure that no harm is caused to protected species during construction;  The provision of facilities for the cleaning of vehicle tyres where haul routes meet the public highway to avoid deposition of mud/debris on the public highway and the generation of dust.  retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;  cleaning of site entrances and the adjacent public highway;  details of proposed wheel washing facilities;  the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;  construction vehicle routing;

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 the management of junctions to and crossings of the public highway and other public rights of way/footway;  Details of any proposed temporary access points (vehicular / pedestrian)  surface water management details during the construction phase  specific measures to manage and limit the impact on the school, including working hours, any special measures to accommodate pedestrians  [Note: deliveries and movement of equipment on the road network surrounding the site must not take place during school muster times in the interests of road safety

Reason: In the interests of public safety and minimising the impact upon local environmental amenities and safety of the locality.

20. Details of the measures to be taken to prevent surface water discharging onto the highway from individual house drives and parking spaces shall have been submitted and approved in writing by the Local Planning Authority for approval prior to the commencement of development. The scheme shall proceed in accordance with the approved scheme and shall be permanently retained thereafter.

Reason: To minimise dangers to highway users from potential flooding and to give effect to the requirements of the County Council as Highway and Lead Local Flood Authority

21. All vehicle parking spaces, garages and the accesses thereto must be reserved for the parking of private motor vehicles and no permanent development, whether permitted by the Town & Country Planning (General Permitted Development) (England) Order 2015(as amended) (or any Order revoking or reenacting that Order with or without modifications) or not, shall be carried out on that area of land in such position as to preclude vehicular access to any part of the development hereby permitted.

Reason: To ensure that proper access and parking provision is made and retained for the use associated with the development hereby permitted.

22. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended)(or any Order revoking and re-enacting that Order with or without modifications) or not, including any provision within Article 3 or Schedule 2, Part Class A of that Order no windows shall be formed in the side elevations of the terrace of houses hereby approved with the exception of windows at ground floor level

Reason: In order to ensure an acceptable standard of amenity for future occupiers and to accord with Local Plan policy H7

Page 32 of 65

32.6m

3

79A Market Street, 4

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1 28 Dalton-in-Furness 7 21 The Surgery Croft

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53 LA15 8DL 8 2020/0803 NELSON STREET The Kiln 5 HALL STREET Car Park 27 House Hall

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Page 34 of 65 2020/0803 This drawing is ©Chris Bugler Architect and can only be reproduced with the approval of the author.

Dimensions should not be scaled

MATERIALS: Roof - Slate Effect Conc tiles Walls - White Wet Dash with smooth bands to windows and doors Windows - White pvc-U double glazed sliding sash doors - Composite timber effect pvc-U

NORTH ELEVATION EAST ELEVATION SOUTH ELEVATION WEST ELEVATION SCALE 1:100

Existing Building Footprint Area 400 sqm

Proposed Building Footprint 250 sqm Garage 1 Garage 2

Garage 3 Garage 4 Chris Bugler Chartered Architect

The Barn Baycliffe House Baycliff Ulverston LA12 9RN

Tel: 01229 869999 / 0771 3859041 Email: [email protected] www.chrisbuglerarchitects.co.uk

Christopher P. Bugler RIBA

Client:

Job Title: HOUSING DEVELOPMENT MARKET STREET DALTON-IN-FURNESS

Drawing Title: PROPOSED GARAGE PLAN & ELEVATIONS

Scale: Drawn: 1:50, 100 @ A1 CB DISPLACEMENT COMPARISOM Drawing No: Date: Rev: SCALE 1:50 556/06 NOV 20

Page 35 of 65 2020/0803 This drawing is ©Chris Bugler Architect and can only be reproduced with the approval of the author.

Outline of 79 Market St Dimensions should not be scaled

Outline of 81Market St MATERIALS: Roof - Slate Effect Conc tiles Outline of 79 Market St Walls - White Wet Dash with smooth bands to windows and doors Outline of existing property to be demolished Windows - White pvc-U double glazed sliding sash doors - Composite timber effect pvc-U

Slate lean-to canopy 1.8m high timber hit-and-miss fence between gardens

FFL new houses 11.20 Datum Level existing retail threshold 10.00

Garage Level 10.75

EAST (SIDE) ELEVATION

KITCHEN DINING DINING KITCHEN

KITCHEN DINING DINING KITCHEN

UTILITY WC WC UTILITY ST ST Chris Bugler UTILITY WC WC UTILITY Chartered Architect ST ST The Barn Baycliffe House Baycliff Ulverston LA12 9RN HALL HALL LOUNGE LOUNGE Tel: 01229 869999 / 0771 3859041 Email: [email protected] www.chrisbuglerarchitects.co.uk

Christopher P. Bugler RIBA

Client: HALL HALL LOUNGE LOUNGE

Job Title: HOUSING DEVELOPMENT MARKET STREET DALTON-IN-FURNESS

Drawing Title: PROPOSED GROUND FLOOR PLAN & ELEVATION

Scale: Drawn: 1:50, 100 @ A1 CB GROUND FLOOR Drawing No: Date: Rev: 556/03 NOV 20

Page 36 of 65 2020/0803 This drawing is ©Chris Bugler Architect and can only be reproduced with the approval of Outline of neighboring property the author. Dimensions should not be scaled

MATERIALS: Roof - Slate Effect Conc tiles Walls - White Wet Dash with smooth bands to windows and doors Outline of neighboring property Windows - White pvc-U double glazed sliding sash doors - Composite timber effect pvc-U

NORTH (REAR) ELEVATION

BATHRM BATHRM

BED 1 BED 1

BATHRM BATHRM LANDG LANDG BED 1 BED 1 WRD ARG ARG WRD Chris Bugler LANDG LANDG Chartered Architect

WRD ARG ARG The Barn Baycliffe House WRD Baycliff Ulverston LA12 9RN

Tel: 01229 869999 / 0771 3859041 Email: [email protected] www.chrisbuglerarchitects.co.uk

BED 2 BED 3 BED 2 BED 3 Christopher P. Bugler RIBA Client:

Job Title: BED 2 BED 3 BED 2 BED 3 HOUSING DEVELOPMENT MARKET STREET DALTON-IN-FURNESS

Drawing Title: PROPOSED FIRST FLOOR PLAN & ELEVATION

Scale: Drawn: 1:50, 100 @ A1 CB FIRST FLOOR Drawing No: Date: Rev: 556/04 NOV 20

Page 37 of 65 2020/0803 Indicative outline This drawing is ©Chris Bugler Architect and of buildings on Market Street can only be reproduced with the approval of Indicative outline the author. of 75-79 Market Street Indicative outline Dimensions should not be scaled Slate lean-to canopy of buildings on Market Street

MATERIALS: Roof - Slate Effect Conc tiles Walls - White Wet Dash with smooth bands to windows and doors Windows - White pvc-U double glazed Slate lean-to canopy sliding sash Doors - Composite timber effect pvc-U

FFL new houses 11.20 Form rendered boundary wall nom 900mm high Datum Level existing retail threshold 10.00

Threshold level corner shop House 1 House 2 House 3 House 4 (79 Market St): 9.83 Road level corner shop (81 Market St): 9.74 SOUTH (FRONT) ELEVATION

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new foul connection to divert telephone cable existing combined drain Scale: Drawn: 1:50, 100@ A1 CB SITE BLOCK PLAN & ROOF PLAN Drawing No: Date: Rev: 556/02 NOV 20

Page 38 of 65 2020/0803 This drawing is ©Chris Bugler Architect and can only be reproduced with the approval of the author. White roughcast render walls with band course and smooth Dimensions should not be scaled banding to windows and doors Buildings on Market Street MATERIALS: Roof - Slate Effect Conc tiles Walls - White Wet Dash with smooth bands to windows and doors Windows - White pvc-U double glazed sliding sash doors - Composite timber effect pvc-U 1.8m high timber hit-and-miss fence between gardens

WEST (SIDE) ELEVATION

STORE STORE

STORE STORE SHWR SHWR Chris Bugler Chartered Architect

The Barn Baycliffe House landg landg Baycliff Ulverston LA12 9RN

Tel: 01229 869999 / 0771 3859041 Email: [email protected] www.chrisbuglerarchitects.co.uk

Christopher P. Bugler RIBA BED 4 BED 4 Client:

STORE STORE Job Title: HOUSING DEVELOPMENT MARKET STREET DALTON-IN-FURNESS

Drawing Title: PROPOSED SECOND FLOOR PLAN & ELEVATION

Scale: Drawn: 1:50, 100 @ A1 CB SECOND FLOOR Drawing No: Date: Rev:

556/05 NOV 20

Page 39 of 65 Ref 556/02

Appendix 2020/0803 Map 1: Location of 79A Market Street, Dalton-in-Furness

Red outline illustrates site

Map 2: Location in Conservation Area

Green shading – Conservation Area Brown shading – Listed Buildings Red outline illustrates site

Page 5 of 9

Chris Bugler Architects Ltd Company No 4460135 Director: Christopher P Bugler RIBA

Page 40 of 65 Ref 556/02

Photo2020/0803 1: Front (south) elevation from Market Street

Existing property from corner of No. 79 Market Street showing area of cement sheeting roof to rear annexe Photo 2: Front (south) elevation from footway

Page 6 of 9

Chris Bugler Architects Ltd Company No 4460135 Director: Christopher P Bugler RIBA

Page 41 of 65 Ref 556/02

Photo2020/0803 3: South east corner of east wing

Photo 4: Rear of property

Garage/store, gable of hall showing windows and roller shutter entrance, flat roof annex to rear.

Page 7 of 9

Chris Bugler Architects Ltd Company No 4460135 Director: Christopher P Bugler RIBA

Page 42 of 65 Ref 556/02

Photo2020/0803 5: Carpark and rear of the building from corner of Rowlinson Place

Shows footway, flat roof garage, part of parking area, single-storey annexe to the right, and main building. Annexe with cement sheeting roof to the right.

Photo 6: View to north over parking area

Garages and terraced houses across Rowlinson Place Photo 7: View across parking area to Arnold Bungalow

Page 8 of 9

Chris Bugler Architects Ltd Company No 4460135 Director: Christopher P Bugler RIBA

Page 43 of 65 Ref 556/02

Photo2020/0803 8: Alleyway to east of site

Showing concrete roof garage, entrance to former private right of way, modern housing on Rawlinson Place beyond. Photo 9: Rear (south) elevation

Two-storey annex, part with corrugated cement sheeting with single storey modern outbuilding in front. Small tree marks end of entranceway to rear of 73-75 Market Street.

Page 9 of 9

Chris Bugler Architects Ltd Company No 4460135 Director: Christopher P Bugler RIBA

Page 44 of 65 B13/2021/0430 Planning Committee

13th July 2021

Application Number : B13/2021/0430 Date Valid :10/05/2021 Address : Armadale, Ireleth Road, Ireleth, Case Officer : Barry Jesson Askam-in-Furness, Cumbria LA16 7DL Proposal : Construction of a detached 1.5 Storey dwelling with detached garage and associated landscaping. Ward : Dalton North Ward Parish : Askam and Ireleth Parish Council Applicant : Mr and Mrs Higham Agent : Mr Mark Deverill, HM Architecture Recommendation : Granted with Statutory Date : 05/07/2021 conditions

Barrow Planning Hub

Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

National Policies

1. National Planning Policy Framework 2018 - Policy NPPF-068 2. National Planning Policy Framework 2018 - Policy NPPF-124 3. National Planning Policy Framework 2018 - Policy NPPF-127

Local Plan Policies

1. Barrow Borough Local Plan 2016-2031 - Policy C3a - Water management 2. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 3. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 4. Barrow Borough Local Plan 2016-2031 - Policy DS5 - Design 5. Barrow Borough Local Plan 2016-2031 - Policy GI6 - Green Links 6. Barrow Borough Local Plan 2016-2031 - Policy H7 - Housing Development on Windfall Sites 7. Barrow Borough Local Plan 2016-2031 - Policy I6 - Parking 8. Barrow Borough Local Plan 2016-2031 - Policy N3 - Protecting biodiversity and geodiversity

Page 45 of 65 Summary of Main Issues

As the principle of residential development has been accepted, the main issue is whether the replacement dwelling impacts the neighbouring properties above and beyond the approved scheme and whether any additional impact remains acceptable.

Non Material Considerations

N/A

Response to Publicity and Consultations

Neighbours Consulted

Street Name Properties Duddon View 1, Ireleth Road 192, 194, 221, Barregarrow, Dale View, Hesketh Mount, Windy Ridge, Market Street 93,

Responses Support Object Neutral

1 0 1 0

Site notice displayed.

Summary of objection

The response received raises the material considerations of increased traffic, insufficient parking and privacy loss due to the increased scale over the former bungalow.

Organisations Consulted

Consultee Askam and Ireleth Parish Council Barrow Borough Council (Building Control) Barrow Borough Council (Planning Policy) Cumbria County Council (Highways) Cumbria County Council (LLFA) Natural England United Utilities (Asset Protection)

Page 46 of 65 List of Organisation Responses

Askam and Ireleth Parish Council 19/05/2021

"This application was discussed at the parish council meeting held on Tuesday 18 May 2021. There were no objections or comments from members of the parish council and no objections have been received by the parish council."

Barrow Borough Council (Building Control) 11/05/2021

Building regulation approval required for the proposals.

Cumbria County Council (Highways) 26/05/2021

"I can confirm that the response made to the previous application B13/2020/0700 should still apply

"Thank you for your consultation on 23 October 2020 regarding the above Planning Application. Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below. The Highway Authority has undertaken an assessment of the proposal and I note that this application is now for a single replacement dwelling rather than two new dwellings, in essence maintaining the status quo. Therefore in terms of the net additional traffic generation, access arrangements and parking provision I am satisfied that the application would not create any additional impact on the safety and operation of the highway. I can therefore confirm that the Highway Authority and Lead Local Flood Authority has no objection to the proposed development."

Cumbria County Council (LLFA) 26/05/2021

"I can confirm that the response made to the previous application B13/2020/0700 should still apply

"Thank you for your consultation on 23 October 2020 regarding the above Planning Application. Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below. The Highway Authority has undertaken an assessment of the proposal and I note that this application is now for a single replacement dwelling rather than two new dwellings, in essence maintaining the status quo. Therefore in terms of the net additional traffic generation, access arrangements and parking provision I am satisfied that the application would not create any additional impact on the safety and operation of the highway. I can therefore confirm that the Highway Authority and Lead Local Flood Authority has no objection to the proposed development"

Page 47 of 65 Natural England 27/05/2021

"Thank you for your consultation.

Natural England has no comments to make on this application.

Natural England has not assessed this application for impacts on protected species. Natural England has published Standing Advice which you can use to assess impacts on protected species or you may wish to consult your own ecology services for advice.

Natural England and the Forestry Commission have also published standing advice on ancient woodland and veteran trees which you can use to assess any impacts on ancient woodland.

The lack of comment from Natural England does not imply that there are no impacts on the natural environment, but only that the application is not likely to result in significant impacts on statutory designated nature conservation sites or landscapes. It is for the local planning authority to determine whether or not this application is consistent with national and local policies on the natural environment. Other bodies and individuals may be able to provide information and advice on the environmental value of this site and the impacts of the proposal to assist the decision making process. We advise LPAs to obtain specialist ecological or other environmental advice when determining the environmental impacts of development.

We recommend referring to our SSSI Impact Risk Zones (available on Magic and as a downloadable dataset) prior to consultation with Natural England. Further guidance on when to consult Natural England on planning and development proposals is available on gov.uk at https://www.gov.uk/guidance/local-planning-authorities-get-environmental-advice"

United Utilities 25/05/2021

"With regards to the above development proposal, United Utilities Water Limited (‘United Utilities’) wishes to provide the following comments.

Drainage

In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way.

Following our review of the submitted Proposed Site Plan, ref: 5547(PL) 04 dated April 2021 proposing surface water discharging into soakaway, we can confirm the proposals are acceptable in principle to United Utilities. However, we do not have sufficient information on the detail of the drainage design.

With this in mind, we request the following drainage conditions are attached to any subsequent Decision Notice:

Page 48 of 65 Condition 1 – Surface water

No development shall commence until a surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme must include:

(i) An investigation of the hierarchy of drainage options in the National Planning Practice

Guidance (or any subsequent amendment thereof). This investigation shall include

evidence of an assessment of ground conditions and the potential for infiltration of surface water;

(ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and

(iii) A timetable for its implementation.

The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.

The development hereby permitted shall be carried out only in accordance with the approved drainage scheme.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

Condition 2 – Foul water

Foul and surface water shall be drained on separate systems.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

A non-return valve should be installed before connecting into the public sewer.

The applicant can discuss any of the above with Developer Engineer, Josephine Wong, by email at [email protected].

Please note, United Utilities are not responsible for advising on rates of discharge to the local watercourse system. This is a matter for discussion with the Lead Local Flood Authority and / or the Environment Agency (if the watercourse is classified as main river).

If the applicant intends to offer wastewater assets forward for adoption by United Utilities, the proposed detailed design will be subject to a technical appraisal by an Adoptions Engineer as we need to be sure that the proposal meets the requirements of Sewers for Adoption and United Utilities’ Asset Standards. The detailed layout should be prepared with consideration of what is necessary to secure a development to an adoptable standard. This is important as drainage design can be a key determining factor of site levels and layout.

Page 49 of 65 The proposed design should give consideration to long term operability and give United Utilities a cost effective proposal for the life of the assets. Therefore, should this application be approved and the applicant wishes to progress a Section 104 agreement, we strongly recommend that no construction commences until the detailed drainage design, submitted as part of the Section 104 agreement, has been assessed and accepted in writing by United Utilities. Any works carried out prior to the technical assessment being approved is done entirely at the developers own risk and could be subject to change.

Management and Maintenance of Sustainable Drainage Systems

Without effective management and maintenance, sustainable drainage systems can fail or become ineffective. As a provider of wastewater services, we believe we have a duty to advise the Local Planning Authority of this potential risk to ensure the longevity of the surface water drainage system and the service it provides to people. We also wish to minimise the risk of a sustainable drainage system having a detrimental impact on the public sewer network should the two systems interact. We therefore recommend the Local Planning Authority include a condition in their Decision Notice regarding a management and maintenance regime for any sustainable drainage system that is included as part of the proposed development.

For schemes of 10 or more units and other major development, we recommend the Local Planning Authority consults with the Lead Local Flood Authority regarding the exact wording of any condition. You may find the below a useful example:

Prior to occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

a. Arrangements for adoption by an appropriate public body or statutory undertaker, or,

management and maintenance by a resident’s management company; and

b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.

Please note United Utilities cannot provide comment on the management and maintenance of an asset that is owned by a third party management and maintenance company. We would not be involved in the discharge of the management and maintenance condition in these circumstances.

Page 50 of 65 Water Supply

If the applicant intends to obtain a water supply from United Utilities for the proposed development, we strongly recommend they engage with us at the earliest opportunity. If reinforcement of the water network is required to meet the demand, this could be a significant project and the design and construction period should be accounted for.

To discuss a potential water supply or any of the water comments detailed above, the applicant can contact the team at [email protected].

Please note, all internal pipework must comply with current Water Supply (water fittings) Regulations 1999.

United Utilities’ Property, Assets and Infrastructure

Where United Utilities’ assets exist, the level of cover to the water mains and public sewers must not be compromised either during or after construction.

For advice regarding protection of United Utilities assets, the applicant should contact the teams as follows:

Water assets – [email protected]

Wastewater assets – [email protected]

It is the applicant's responsibility to investigate the possibility of any United Utilities’ assets potentially impacted by their proposals and to demonstrate the exact relationship between any United Utilities' assets and the proposed development.

A number of providers offer a paid for mapping service including United Utilities. To find out how to purchase a sewer and water plan from United Utilities, please visit the Property Searches website; https://www.unitedutilities.com/property-searches/

You can also view the plans for free. To make an appointment to view our sewer records at your local authority please contact them direct, alternatively if you wish to view the water and the sewer records at our Lingley Mere offices based in Warrington please ring 0370 751 0101 to book an appointment.

Due to the public sewer transfer in 2011, not all sewers are currently shown on the statutory sewer records and we do not always show private pipes on our plans. If a sewer is discovered during construction; please contact a Building Control Body to discuss the matter further.

Should this planning application be approved the applicant should contact United Utilities regarding a potential water supply or connection to public sewers. Additional information is available on our website http://www.unitedutilities.com/builders-developers.aspx"

Page 51 of 65

Officers Report

1. Site and Locality

1.1 The application site was previously home to an inter-war built bungalow, now demolished, which fronted onto and was accessed from Ireleth Road, in an area on the north side of the road consisting primarily of bungalows. The area features a mix of individual designs with no overriding or predominant character, except one of low density on generous plots. The previous bungalow was quite unusual with a ‘V’ shaped layout. A number of nearby plots have development behind the predominant building line fronting Ireleth Road, i.e. of a backland development nature. The property has a substantial rear garden with numerous trees and a large outbuilding within the garden. It backs on to another residential garden separated by non uniform boundaries, beyond which is an area designated as a Green Link due to its undeveloped, wooded nature.

2. Proposal Details

2.1 Construction of a detached 1.5 Storey dwelling with detached garage and associated landscaping.

3.Relevant History

3.1 1980/0230 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Alteration and extension to existing house Appcond 09/04/1980

3.2 1984/0556 Barrogarrow, Ireleth Road, Barrow-in-Furness First floor bathroom extension Appcond 17/08/1984

3.3 1984/0946 Windy Ridge, Ireleth Road, Ireleth, Askam-in-Furness Extension to front elevation forming bedroom and porch Approved 10/01/1985

3.4 57/2000/0418 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7JD Erection of a conservatory to front elevation Approved 02/08/2000

3.5 57/2005/0608 Barregarrow Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Erection of a rear lounge extension, side kitchen & utility extension and internal alterations including relocation of bedroom and bathroom Approved 25/05/2005

3.6 57/2006/0863 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7JD Sideways extension of exisiting flat roofed extension to form entrance lobby. Appcond 16/08/2006

3.7 B13/2020/0300 Armadale Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Demolition of a detached bungalow (Armadale) and the erection of two detached dwellings. WITHDRAWN 30/09/2020

Page 52 of 65

3.8 B13/2020/0700 Armadale Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Removal of existing bungalow and outbuildings, construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form) APPCOND 15/12/2020

3.9 B21/2009/1807 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7JD Erection of a two storey rear extension and a single storey side extension Appcond 30-NOV- 2009

3.10 B28/2021/0020 Armadale Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Application for approval of details reserved by Condition No. 9 (fence details) of planning permission B13/2020/0700 (Removal of existing bungalow and outbuildings, construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form) APPROVED 26/02/2021

3.11 B31/2021/0035 Armadale Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Application for a non-material amendment following grant of planning permission 2020/0700 (construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form) to increase the footprint of rear single storey element of original proposal with appropriate adjustments to size and proportions of glazing units. Addition of natural stonework to window level on front elevation. APPCOND 09/02/2021

3.12 BIN/2021/0021 Armadale Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Application for a non-material amendment following grant of planning permission 2020/0700 (construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form) to INVALID 12/01/2021

3.13 BIN/2021/0392 Armadale Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Application for a Minor Material Amendment following the grant of planning permission B13/2020/0700 (Removal of existing bungalow and outbuildings, construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form) resulting in complete re-design of the proposals. INVALID 29/04/2021

4. Officer Assessment

4.1 Planning permission was previously approved for a 1.5 storey dwelling to replace the now demolished bungalow. The current proposal seeks an alternate design for the dwelling, but still maintaining the overall form of a 1.5 storey dwelling and detached garage

4.2 Policy H7 relates to new houses on unallocated sites, against which this proposal is considered. The policy is worded more for new development, whereas this consists of a replacement dwelling in an existing residential area (policy for replacement dwellings relates only to isolated/countryside dwellings). As before, it remains within the built up area of Ireleth, within the Development Cordon, and shares the same infrastructure as the existing house; access, all services etc. The more specific design attributes of H7 remain relevant, and are considered in the design section below. In conclusion, and as previously accepted in the extant approval, the replacement dwelling raises no conflict with the principle of the continued residential use of the site.

Page 53 of 65

New design

4.3 As before, the surrounding area features a mix of designs with the dwellings seemingly built and designed on a plot by plot basis. As such there is no predominant design style to draw upon. The primary aim therefore, in order to meet with Local Plan policies, is to contribute to the enhancement of the character and appearance of the area and streetscene in accordance with Local Policy DS2, and ensure design quality using design cues and materials appropriate to the area as per DS5.

4.4 The dwelling is set in the same forward position as the approved scheme, and with the same sideways separation from the bungalow to the east, though the relationship between the dwellings is improved by the pitched roof that slopes away from the boundary, thus avoiding the increased height from the side gable. Whilst it remains forward of the footprint of the previous bungalow, it still falls well within established building lines given the staggered nature of the layouts either side. It remains a 1.5 storey design, i.e. has the general appearance of a bungalow but with a developed roof space. It is now increased in width to the west by just over 2m but retains the same general sense of scale as before. Materials are similar again, with natural stone facing to the front gable and the remainder rendered. Overall the revised design retains a similar character as before and fits with the general style within the streetscene. No adverse impact results visually.

4.5 Residential amenity is also considered to remain the same or improved in some aspects as a result of the revision. As stated, the relationship with the bungalow to the east is improved by providing a pitched roof to the side, reducing the mass on the boundary. The design accounts for natural daylight, with BRE guidance followed (45 and 25 degree tests) to ensure no significant impact results. Privacy remains protected by both careful window placement and distance. An objection has been received from a property across Ireleth Road concerned with overlooking from the front elevation. This separation distance remains at over 30m, well above the typical standard of 21m used for example when considering extensions. As before, no privacy concern results as the proposal accords with Council policy.

Other matters

4.6 Off-road parking is provided in the form of a garage and driveway, with a turning area allowing vehicles to leave in a forward gear. Whilst the objection received also cites increased traffic and parking demand, and their impact on highway safety, this scheme for a 3 bedroom single dwelling is in effect no different to the previous approval and the original bungalow in terms of traffic generation or parking demand. Cumbria Highways has no objection to the revised design with the off-road parking provision in accordance with/exceeding their guidance for minimum levels.

Page 54 of 65 4.7 In terms of the relationship of the house with the wider plot, there is little proposed change to the previous approval as the built section is to all intents and purposes restricted to the same footprint. Numerous conditions relating to biodiversity gains, construction method statements and fencing details were approved or required in relation to the first design - these details have been submitted as part of this application to form part of any fresh permission. Some have already been implemented including the approved fencing providing access/passage for wildlife. Tree protection measures are once again provided, with the rear garden area fenced off to prevent construction activity/storage causing harm to the retained trees. 3 new trees are specified to replace those which were recorded as being in poor condition and which have since been removed.

4.8 The former dwelling appeared to drain to a separate sewerage system, with surface water discharging to Blea Beck located near the railway lines at the bottom of Ireleth Road. Whilst for simplicity it was originally proposed to discharge in the same manner, Policy C3a does require all new development to explore the drainage hierarchy to ensure the most sustainable drainage is utilised, with disposal of surface water on site being the preferred method. The site isn’t in an area identified as a flood or surface water risk (edge of), so it isn’t critical to ensure such drainage, but more aspirational to provide sustainability gains however small. A soakaway is therefore shown on plan, though full details will be required via condition with an assessment of ground conditions. If the percolation test shows that the ground is not suitable, such as heavy clay, then discharge to the s/w sewer would be justified and have a neutral impact given it is the existing arrangement.

5. Conclusions

5.1 The proposed dwelling raises no design or amenity issues above those accepted in the previous approval. Conditions have been restated to ensure existing features are retained and any mitigation is provided. It is considered the revised scheme meets the aims of the development plan policies as before and it is considered the revised design should therefore be approved.

6. Recommendation

I recommend that Planning Permission be GRANTED subject to the Standard Duration Limit and the following conditions : -

1. The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

Page 55 of 65

Compliance with Approved Plans

2. The development shall be carried out and completed in all respects in accordance with the application dated 06/05/21 and the hereby approved documents defined by this permission as listed below, except where varied by conditions attached to this consent.

BHA Trees Ltd Arboriculturalist’s Report ref 4057 dated 26/03/20. South Lakes Ecology Bat Survey Report No. 920/5, dated 30/09/20. HM Architecture Construction Site Management Plan

Drawing ref: 5547 (PL) 01A, 5547 (PL) 02A, 5547 (PL) 03, 5547 (PL) 04C, 5547 (PL) 05, 5547 (PL) 06, 5547 (PL) 07.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

Pre-commencement Conditions

3. No development shall be commenced on the site which is the subject of this permission until the following measures have been met to prevent damage being caused to those trees which are shown to be retained. Measures to protect those trees shown to be retained must include all the following; a) Fencing in accordance with the details shown in the Arboriculturalist Report ref 4057 dated 26/03/20 must be erected around each tree or group of trees as detailed. b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development, areas for the deposit of soil or waste, or for storage of construction materials, equipment or fuel, shall be sited within the crown spread of any tree without the prior express consent of the Planning Authority. c) No burning of any materials shall take place with within 6 metres of any tree or tree groups to be retained without the prior express consent

Reason

In order to ensure that damage does not occur to the trees during building or engineering operations.

Before Occupation

4. Prior to the beneficial occupation of any part of the development, the 3 replacement trees shown on drawing ref 5547 (PL) 04 rev C must be planted and subsequently maintained in accordance with current British Standards.

Reason

In the interests of the visual and ecological amenities of the area.

Page 56 of 65

5. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following beneficial occupation of any part of the development, or in accordance with the phasing of the scheme as agreed in writing with the Planning Authority. 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 by the landowner in the next planting season with others of a similar size and species, unless the Planning Authority gives prior written consent to any variation.

Reason

In the interests of the visual amenities of the area.

6. No part of the development hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system and the results of the assessment provided to the Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; and iii. provide a management and maintenance plan for the lifetime of the development and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason

In order to ensure that the site is adequately drained in accordance with the sustainable principles found in the NPPF

7. Prior to the beneficial occupation of the dwelling hereby approved, the bird and bat boxes must be installed in accordance with the details shown on the plans hereby approved and thereafter be permanently retained.

Reason

To ensure adequate habitat provision is made for wildlife and to contribute to a biodiversity net gain

Operational Conditions

8. The fences erected/to be erected in the rear garden shall be in accordance with the details on drawing ref 5547 (PL) 04 Rev C allowing for through migration for wildlife, with such access provision thereafter permanently retained.

Reason

In the interests of wildlife migration.

Page 57 of 65

9. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modifications) no additional opening of any kind shall be made in the east facing side elevation of the permitted dwelling without the prior written consent of the Planning Authority.

Reason

In order to protect the residential amenities of neighbouring properties from overlooking or perceived overlooking.

Informative

 Please note that any additional external alterations required under the Building Regulations may also require prior planning consent. Please speak to the Planning Officer before any such works are carried out.

 This development may require approval under the Building Regulations. Please contact your Building Control department on 01229 876356 for further advice as to how to proceed.

 Please be aware of the Safe Dig service from United Utilities by contacting United Utilities at; [email protected]

______

Page 58 of 65 Rev Description Date By PLANNING ISSUE 0 10m 20m

Do Not Scale from this drawing without the express permission of the Architect

This drawing has been produced for the client for this specific project and is not intended for use by any other person or for any other purpose.

© This work is copyright protected,2021/0430 remains the property of the author and may not be reproduced without the express consent of HM Architecture.

Hesketh Mount

Armadale

Quharrie

Mount

View Dale

Ireleth Road

KEY Indicates Original Building Footprint - Based on Ordnance Survey Data - Building Now Demolished Indicates Building Footprint Approved under B13/2020/0700 & activated following demolition of original building Indicates Building Footprint For New Proposals

Client Project Drawing No. Revision Replacement Dwelling Aynam Cote, 2 Bridge Street, Kendal, Armadale, Askam in Furness 5547 (PL) 07 Cumbria LA9 7DD Drawing Title Scale Date 1:250 @ A3 May '21 Tel: 01539 720480 Block Comparison Plan Drawn By Project No. email: [email protected] hm MPD 5547 architecture website: www.hm-architecture.com

Page 59 of 65 This drawinghasbeenproducedfortheclientthisspecificprojectandisnot © Thisworkiscopyrightprotected,remainsthepropertyofauthorandmay Do NotScalefromthisdrawingwithouttheexpresspermissionofArchitect not bereproducedwithouttheexpressconsentofHMArchitecture. PLANNING ISSUE intended forusebyanyotherpersonorpurpose. Client Ground FloorPlan

2021/0430

30.25

31.00m Hedge 30.07

30.00m 29.84 Log Store

Garage 29.82

Drawing Title Project 8000 up Armadale, AskaminFurness 1:100 2m First FloorPlan Replacement Dwelling d 2m headroom Proposed Plans Utility 1950 WC 2000 Ensuite Day w 0 sliding /foldingdoors 1.5m @eaves 2m headroom 6250 extract hob Kitchen d/w 2m Dining Bed 1 4150 4975 wardrobe ramp up 1.5m @eaves Patio Page 60 of65 FFL =32.85 Drawing No. Drawn By Scale 5547 (PL)01 MPD /KD 1:100 @A3

12000 7300 4m f/f oven sliding door 4300 St Porch wardrobe wardrobe up Hall Landing 6m FFL =30.15 tv Project No. Date 5547 Apr '21 Lounge wardrobe cloaks woodburner 5100 4400

3100 14 Store 13 3650

3100 Bed 2 12 up Bath void 11 3445 8m Bed 3 1 3850 10 2 9 Revision RL RL Ens. 8 3 8 7 4 7 A up 6 6 5 10m Aynam Cote,2BridgeStreet,Kendal, website: www.hm-architecture.com email: [email protected] 8150 4000

Tel: 01539720480

3720

3220 30.46 30.24 Timber Fence Timber Cumbria LA97DD Rev 5350 A

Description Plans amended 45° h architecture m Date 24.04.21 By MPD 1:100 Rev Description Date By PLANNING ISSUE A Notes amended 24.04.21 MPD 2m 0 2m 4m 6m 8m 10m Do Not Scale from this drawing without the express permission of the Architect

This drawing has been produced for the client for this specific project and is not Outline of Previous Approved Scheme intended for use by any other person or for any other purpose. Ridge 36.55 Bat Box © This work is copyright protected, remains the property of the author and may 2021/0430 Ridge 36.28 not be reproduced without the express consent of HM Architecture. Blue grey slate Solar PV roofing Natural stone facing Marley Alutec powder coated barge boards, fascia & soffits Eaves 33.42

FFL 32.85

uPVC windows & doors

Through coloured render FFL 30.15

DATUM 29.00m

SE Elevation Line of previous approved scheme Ridge 36.65

Blue grey slate roofing Ridge 34.95 Marley Alutec powder coated barge boards, fascia & soffits RSPB Bat Box FFL 32.85 Through coloured render Sparrow Terrace

uPVC windows

Obscure

FFL 30.15

RSPB Sparrow Terrace DATUM 29.00m

NE Elevation Outline of Previous Approved Scheme Ridge 36.65 Ridge 36.28

Blue grey slate roofing

Marley Alutec powder coated barge boards, fascia & Eaves 33.42 soffits

25° FFL 32.85 Window

FFL 30.15

DATUM 29.00m

NW Elevation Outline of Previous Approved Scheme Ridge 36.65

Blue grey slate roofing

Lead dormer cheek Marley Alutec powder coated barge Obscure boards, fascia & Line of adjacent building soffits FFL 32.85

1.5m boundary fence line Through coloured render

Obscure uPVC windows & doors FFL 30.15

SW Elevation DATUM 29.00m

Client Project Drawing No. Revision Replacement Dwelling Aynam Cote, 2 Bridge Street, Kendal, Armadale, Askam in Furness 5547 (PL) 02 A Cumbria LA9 7DD Drawing Title Scale Date 1:100 @ A3 Apr '21 Tel: 01539 720480 Proposed Elevations Drawn By Project No. email: [email protected] hm MPD / KD 5547 architecture website: www.hm-architecture.com

Page 61 of 65 1:100 PLANNING ISSUE

2m 0 2m 4m 6m 8m 10m Do Not Scale from this drawing without the express permission of the Architect

This drawing has been produced for the client for this specific project and is not intended for use by any other person or for any other purpose. 2021/0430 © This work is copyright protected, remains the property of the author and may not be reproduced without the express consent of HM Architecture.

Log Store 3700 2300

Front Elevation Side Elevation 8100

6600 Garage

4400

MATERIALS:

ROOF: Blue / Grey slate to match main house with rooflights and Marley Alutec powder coated fasicas, soffits & rainwater goods. Rear Elevation Side Elevation WALLS: Through coloured render

DOOR: Hormann or similar insulated roller garage door

Client Project Drawing No. Revision Replacement Dwelling Aynam Cote, 2 Bridge Street, Kendal, Armadale, Askam in Furness 5547 (PL) 05 Cumbria LA9 7DD Drawing Title Scale Date Tel: 01539 720480 Proposed Garage 1:100 @ A4 Apr '21 Drawn By Project No. email: [email protected] hm Rev Description Date By MD / KD 5547 website: www.hm-architecture.com architecture

Page 62 of 65 Timber Fence

31.03 Rev Description Date By GRASS

PLANNINGTF32.82 ISSUE 31.11

Do Not Scale from this drawing without the express permission of the Architect

31.53 31.27 31.18 31.13 EP This drawing has been produced for the client for this specific project and is not intended for use by any other person or for any other purpose. 31.00 CH38.25 31.00m © This work is copyright protected,2021/0430 remains the property of the author and may not be reproduced without the express consent of HM Architecture. 30.99

31.46 30.53 RH33.29

30.93

31.00m

30.23

30.30 30.77 30.74 30.53 30.50 CH37.13

North 30.26 30.75 30.50 30.56 Ground Floor Window 30.50 30.25 30.44 30.71

30.46

EH33.42 RH36.23 TC 07 CH37.78 E 321987.052 N 477639.980 EP Ht 32.011 30.46

30.13

30.07

GRASS TF31.69

30.12

Timber Fence

EH32.20 RH33.22

30.11 30.00m 30.00

CRUSHED STONE TC 08

29.84 E 322007.997 29.84 N 477634.973 Ht 31.704 ABBREVIATIONS

30.24

29.82

Hedge BT BT Cover 30.04 CH Cable Height 29.99 CL Cover Level 29.92 DK Drop Kerb EH Eaves Height EP Electric Pole Ground Floor Window GU Gully 30.07 IL Invert Level 30.06 MH Man Hole RH Ridge/Roof Height 29.97 TF Top of Fence 29.84

29.47 EH32.86 TP Telegraph Pole 29.53 TC 06 30.00m WV Water Valve 29.47 E 321997.476 N 477624.659 NOTE Ht 32.415 All levels and coordinates relate to OSGB36(15) RH35.49 using GNSS data. 29.97 29.91 Levels defining edge of carriageway are observed at channel (bottom of kerb). Ground Floor Window 29.81 CRUSHED STONE

Timber Fence

29.29 29.83 29.75 29.93 Container

29.21 29.80 29.89 TF31.11 29.18 30.00m GRASS

29.78 30.60 RH32.54

Wall

29.71 Earth Mound 30.99 29.89 CH33.96 CRUSHED STONE 29.70 29.71 31.00m 31.05 29.00m 29.92 29.40

28.91 28.91 29.33 Hedge 29.55 29.26 30.00m 29.60

29.59 Hedge MH 29.17 GU CL29.67 29.48 Kerb IL28.65 29.10 Retaining Wall 29.03 CH37.06 Hedge 29.05 GRASS 29.45

28.78 29.00m TP Kerb 29.58 WV 28.92 28.86 28.77 28.85 Kerb

0 1m 2m 3m 4m 5m 6m 7m 8m 9m 10m 28.73 TC 03 28.66 28.73 E 321999.223 N 477610.011 28.64 BT Ht 28.855 Client Project 28.65 Drawing No. Revision Replacement Dwelling Aynam Cote, 2 Bridge Street, Kendal, Armadale, Askam in Furness 5547 (PL) 03 Cumbria LA9 7DD Drawing Title Scale Date 1:100 @ A3 Apr '21 Tel: 01539 720480 Existing Site Survey Drawn By Project No. email: [email protected] hm MPD / KD 5547 architecture website: www.hm-architecture.com

Page 63 of 65 Timber Fence

31.03 Rev Description Date By GRASS TREE 3 A Landscaping Amended 26.04.21 MPD PLANNING ISSUE New Crab Apple B Drainage added 29.04.21 MPD TF32.82 31.11 Malus 'Red Sentinel' - C Fence height adjusted 30.04.21 MPD Do Not Scale from this drawing without the express permission of the Architect Location indicative - final location 31.13 31.53 31.27 EP 31.18 determined on site This drawing has been produced for the client for this specific project and is not intended for use by any other person or for any other purpose. CH38.25 31.00 31.00m © This work is copyright protected,2021/0430 remains the property of the author and may not be reproduced without the express consent of HM Architecture. 30.99 B23

31.46 30.53 RH33.29

GRASS

30.93

31.00m 4400 30.23 New herbaceous border

30.30 30.74 GRASS

CH37.13

Low retaining wall North 30.75 2280 New herbaceous border Indicates footprint of Ground Floor Window 5100

garage approved 8100 30.25 under B13/2020/0700 3720

EH33.42 RH36.23

CH37.78 Stone Flagged Patio EP SMH

Indicates footprint of 4000 30.46 dwelling approved

30.07 under B13/2020/0700 3220

TF31.69 2200

SMH 30.12 3900 45° Timber Fence

EH32.20 RH33.22

30.11

30.00m 30.00 5350

29.84

ABBREVIATIONS 8000

30.24

29.82 Hedge BT BT Cover 30.04 CH Cable Height SMH 29.99 CL Cover Level 29.92 DK Drop Kerb FMH EH Eaves Height 12000 RAMP EP Electric Pole Ground Floor Window GU Gully UP 30.07 IL Invert Level MH Man Hole FMH SMH 30.06 Planting bed RH Ridge/Roof Height 29.97 TF Top of Fence 29.84 TP Telegraph Pole 29.47 EH32.86 30.00m WV Water Valve NOTE All levels and coordinates relate to OSGB36(15) using RH35.49 GNSS data. Gravel Parking & Turning Areas set 29.97 within Golpa or similar Gravel Levels defining edge of carriageway are observed at Reinforcement TREE 2 channel (bottom of kerb). Ground Floor Window New Prunus incisa 29.81 "Kojo-no-mai"

Mixed border along Timber Fence FMH boundary comprising evergreen & deciduous 29.29 29.83 29.93 29.75 shrubs & climbers bearing flowers & berries to provide food & shelter for wildlife

29.89 29.80 29.21 TF31.11

29.18 Soakaway to 29.78 Engineer's Details 30.60 RH32.54

Wall Indicates line of GRASS driveway approved Existing Tree retained under B13/2020/0700 29.71 TREE 1 30.99 CH33.96 Stone retaining wall re-built 29.89 New Prunus incisa 29.70

29.71 "Kojo-no-mai"

31.05 29.00m 29.92 29.40 29.33 28.91 28.91 Existing Foul Manhole Hedge 29.60 29.26 29.55 Existing Hedge retained & clipped 29.59 29.17 Hedge MH Kerb GU Macadam Finish CL29.67 29.48 IL28.65 29.10 Retaining Wall 29.03 CH37.06 Hedge 29.05 29.45 CHANNEL DRAINAGE 29.00m 28.78 TP Kerb New 1.2m high Larch Lap Boundary fencing to 29.58 28.92 north, east & west boundaries incorporating 130 Macadam Finish 28.86 WV x 130mm hedgehog access @ 7.2m centres 28.77 28.85 Kerb READ IN CONJUNCTION 0 1m 2m 3m 4m 5m 6m 7m 8m 9m 10m 28.73 Ireleth Road 28.66 28.73 WITH BHA TREE SURVEY &

28.64 BT Assumed line of Main Sewer REPORTS - MARCH 2020 28.65 Client Project Drawing No. Revision Replacement Dwelling Aynam Cote, 2 Bridge Street, Kendal, Armadale, Askam in Furness 5547 (PL) 04 C Cumbria LA9 7DD Drawing Title Scale Date 1:100 @ A3 Apr '21 Tel: 01539 720480 Proposed Site Plan Drawn By Project No. email: [email protected] hm MPD / KD 5547 architecture website: www.hm-architecture.com

Page 64 of 65 This drawing has been produced for the client this specific project and is not Do Not Scale from this drawing without the express permission of Architect © This work is copyright protected, remains the property of author and may not be reproduced without the express consent of HM Architecture. PLANNING ISSUE intended for use by any other person or purpose. 2021/0430 LOCATION PLAN Ordnance Survey (c) Crown Copyright 2021. All rights reserved. Licence number 100022432

Sunnybank 28.1m

Windy Ridge 2 Mount Hesketh DUDDON VIEW

1

- Scale 1:1250

Armadale

Rev View

Dale Barregarrow

192 Description

Quharrie Mount

Garth

Glen Selkirk

Date Sunnybank By BLOCK PLAN Client Windy Ridge

- Scale 1:500

Page 65 of Hesketh Mount Hesketh Drawing Title Project Armadale, Askam in Furness

Replacement Dwelling Location & Block Plan

Armadale

Drawing No. View Drawn By Scale

5547 (PL) 06 MPD 1:1250 / 500 @ A3

Dale Barregarrow

192

Quharrie Project No. Date Mount 5547 Apr '21 Revision

Aynam Cote, 2 Bridge Street, Kendal, website: www.hm-architecture.com Selkirk email: [email protected] Tel: 01539 720480 h architecture Cumbria LA9 7DD m Appendices of Saved and Emerging Policies

Note to Members

Below are the full wordings of the policies relevant to the applications found on the agenda today.

Saved Policies

The starting point when determining applications remains the Development Plan. Applications must be determined in accordance with the Development Plan unless material considerations, including the NPPF, indicate otherwise.

The tilted balance under paragraph 14 of the NPPF is engaged where any of the policies relevant to the application are out of date or where there is no 5 year housing land supply. At present the Council can demonstrate a supply in excess of 5 years. The officers report will indicate if any policies are out of date and how much weight they can be given. Under the tilted balance applications should be approved unless

"any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies as a whole, or specific policies in the Framework indicate development should be restricted."

The tilted balance is not engaged where all relevant policies are in date and there is a sufficient supply of housing land.

Emerging Policies

As the emerging Local Plan is now under examination, the policies within it can be given weight. The amount of weight each policy has is dependent upon the significance of unresolved objections to the policy and how consistent it is with the NPPF.

National Planning Policy Framework 2018

NPPF-068 Small and medium sized sites can make an important contribution to meeting the housing requirement of an area, and are often built-out relatively quickly. To promote the development of a good mix of sites local planning authorities should: a) identify, through the development plan and brownfield registers, land to accommodate at least 10% of their housing requirement on sites no larger than one hectare; unless it can be shown, through the preparation of relevant plan policies, that there are strong reasons why this 10% target cannot be achieved; b) use tools such as area-wide design assessments and Local Development Orders to help bring small and medium sized sites forward; c) support the development of windfall sites through their policies and decisions - giving great weight to the benefits of using suitable sites within existing settlements for homes; and d) work with developers to encourage the sub-division of large sites where this could help to speed up the delivery of homes.

NPPF-124 The creation of high quality buildings and places is fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities. Being clear about design expectations, and how these will be tested, is essential for achieving this. So too is effective engagement between applicants, communities, local planning authorities and other interests throughout the process.

NPPF-127 Planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users (Planning policies for housing should make use of the Government's optional technical standards for accessible and adaptable housing, where this would address an identified need for such properties. Policies may also make use of the nationally described space standard, where the need for an internal space standard can be justified); and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

Barrow Borough Local Plan 2016-2031

Policy C2 - Development and the Coast Development in a coastal location will only be permitted where: a) There will be no unacceptable harm to natural coastal processes, including increasing the risk of flooding, coastal erosion and instability; b) There will be no unacceptable harm to habitats, species, geodiversity, designated sites and the historic environment; c) The capacity of the coast to form a natural sea defence or adjust to changes in conditions without risk to life or property will not be prejudiced; d) There will not be an increased need for additional sea walls or other civil engineering works (defence structures) for coastal protection purposes except where necessary to protect existing investment; e) The open character of the undeveloped coast is maintained, with the existing landscape character of the site respected and reinforced; f) Local fisheries will not be prejudiced; g) There will be no unacceptable adverse effect on people's enjoyment of natural landscape character; and h) There will be no adverse effect on recreational activities at the coast.

Opportunities to improve access to the coast will be sought where possible and where the above criteria can be met.

Policy C3a - Water management All new development will minimise its impacts on the environment through the following measures: a) New development will achieve the minimum standards for water efficiency, as defined by Building Regulations (Approved Document G). By the installation of fittings and fixed appliances, water recycling or other appropriate measures for the prevention of undue consumption of water and which recycle and conserve water resources. b) New development will be required to prioritise the use of sustainable drainage systems (SUDS) and ensure there is no increase in flood risk from surface water. Drainage systems should be of a high design standard and will benefit biodiversity and contribute to improved water quality. Developers will be expected to submit a Drainage Strategy that shows how foul and surface water will be effectively managed. Surface water should be discharged in the following order of priority: i. An adequate soakaway or some other form of infiltration system. ii. An attenuated discharge to a surface water body such as a watercourse. iii. An attenuated discharge to public surface water sewer, highway drain or another drainage system. iv. An attenuated discharge to public combined sewer.

Applicants wishing to discharge to public sewer will need to submit clear evidence demonstrating why alternative options are not available. c) Approved development proposals will be expected to be supplemented by appropriate maintenance and management regimes for surface water drainage schemes. d) On large sites, applicants should ensure that the drainage proposals are part of a wider, holistic strategy, which coordinates the approach to drainage between phases, between developers/landowners and over a number of years of construction. e) On greenfield sites, applicants will be expected to demonstrate that the current natural discharge from a site is at least mimicked. f) On previously-developed land, applicants should target a reduction of surface water discharge in accordance with the non-statutory technical standards for sustainable drainage produced by DEFRA. In demonstrating a reduction, applicants should include clear evidence of existing positive connections from the site with associated calculations on rates of discharge. g) Landscaping proposals should consider what contribution the landscaping of a site can make to reducing surface water discharge. This can include hard and soft landscaping such as permeable surfaces. h) The treatment and processing of surface water is not a sustainable solution. Surface water should be managed at source and not transferred. Every option should be investigated before discharging surface water into a public sewerage network. A discharge to groundwater or watercourse may require the consent of the Environment Agency or Cumbria County Council as Lead Local Flood Authority.

The retrofitting of SuDS in locations that generate surface water run-off will be supported, subject to the criteria above.

Policy DS1 - Council’s commitment to sustainable development When determining planning applications the Council will take a positive approach to ensure development is sustainable. The Council will work pro-actively with applicants to find positive solutions that allow suitable proposals for sustainable developments to be approved wherever possible.

The Council is committed to seeking to enhance the quality of life for residents by taking an integrated approach to protect, conserve and enhance the built, natural and historic environment whilst ensuring access to essential services and facilities and a wider choice of housing. This will enable the Local Plan's Vision and Objectives to be met and to secure development that simultaneously achieves economic, social and environmental gains for the Borough.

Planning applications that accord with the Development Plan will be approved without delay, unless material considerations indicate otherwise.

Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise, taking into account whether: a) Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the National Planning Policy Framework (or any document which replaces it) taken as a whole; or b) Specific policies in the Framework (or any document which replaces it) indicate that development should be restricted.

Policy DS2 - Sustainable Development Criteria In order to meet the objectives outlined in Policy DS1, subject to other Development Plan policies which may determine the suitability of particular sites, all proposals should meet all of the following criteria, where possible, taking into account the scale of development and magnitude of impact and any associated mitigation by: a) Ensuring that proposed development incorporates green infrastructure designed and integrated to enable accessibility by walking, cycling and public transport for main travel purposes, particularly from areas of employment and retail, leisure and education facilities; b) Ensuring development does not prejudice road safety or increase congestion at junctions that are identified by the Local Highway Authority as being over-capacity; c) Ensuring access to necessary services, facilities and infrastructure and ensuring that proposed development takes into account the capacity of existing or planned utilities infrastructure; d) Ensuring that the health, safety and environmental effects of noise, smell, dust, light, vibration, fumes or other forms of pollution or nuisance arising from the proposed development including from associated traffic are within acceptable levels; e) Respecting the residential amenity of existing and committed dwellings, particularly privacy, security and natural light; f) Protecting the health, safety or amenity of occupants or users of the proposed development; g) Contributing to the enhancement of the character, appearance and historic interest of related landscapes, settlements, street scenes, buildings, open spaces, trees and other environmental assets; h) Contributing to the enhancement of biodiversity and geodiversity; i) Ensuring that construction and demolition materials are re-used on the site if possible; j) Avoiding adverse impact on mineral extraction and agricultural production; k) Ensuring that proposals incorporate energy and water efficiency measures (in accordance with the relevant Building Regulations), the use of sustainable drainage systems where appropriate and steers development away from areas of flood risk; l) Ensuring that any proposed development conserves and enhances the historic environment including heritage assets and their settings; and m) Development must comply with Policy DS3.

Where the applicant demonstrates that one or more of the criteria cannot be met, they must highlight how the development will contribute towards the achievement of the Local Plan objectives by alternative means.

Policy DS5 - Design New development must be of a high quality design, which will support the creation of attractive, vibrant places. Designs will be specific to the site and planning applications must demonstrate a clear process that analyses and responds to the characteristics of the site and its context, including surrounding uses, taking into account the Council's Green Infrastructure Strategy. Proposals must demonstrate clearly how they:

a) Integrate with and where possible conserve and enhance the character of the adjoining natural environment, taking into account relevant Supplementary Planning Documents; b) Conserve and enhance the historic environment, including heritage assets and their setting; c) Make the most effective and efficient use of the site and any existing buildings upon it; d) Create clearly distinguishable, well defined and designed public and private spaces that are attractive, accessible, coherent and safe and provide a stimulating environment; e) Allow permeability and ease of movement within the site and with surrounding areas, placing the needs of pedestrians, cyclists and public transport above those of the motorist, depending on the nature and function of the uses proposed; f) Create a place that is easy to find your way around with routes defined by a well- structured building layout; g) Prioritise building and landscape form over parking and roads, so that vehicular requirements do not dominate the sites appearance and character; h) Exhibit design quality using design cues and materials appropriate to the area, locally sourced wherever possible; i) Respect the distinctive character of the local landscape, protecting and incorporating key environmental assets of the area, including topography, landmarks, views, trees, hedgerows, habitats and skylines. Where no discernible or positive character exists, creating a meaningful hierarchy of space that combines to create a sense of place; j) Create layouts that are inclusive and promote health, well-being, community cohesion and public safety; k) Incorporate public art where this is appropriate to the project and where it can contribute to design objectives; l) Ensure that development is both accessible and usable by different age groups and people with disabilities; m) Integrate Sustainable Drainage Systems of an appropriate form and scale; n) Mitigate against the impacts of climate change by the incorporation of energy and water efficiency measures (in accordance with the Building Regulations), the orientation of new buildings, and use of recyclable materials in construction; and o) Ensuring that new development avoids creating nesting sites for gulls e.g. through the provision of appropriate roof pitches.

Policy GI6 - Green Links Proposals involving or adjacent to existing hedgerows or Green Links will be supported provided that they do not compromise the continuity or integrity of the hedgerow or green link.

Where considered appropriate by the Planning Authority proposals should enhance the contribution made by the hedgerow or green link.

Policy H7 - Housing Development on Windfall Sites Applications for residential development will be permitted where they satisfy all of the following criteria: a) The site is located within or adjoining the built up areas of Barrow and Dalton or within a development cordon identified in Policy H4; b) Site planning, layout and servicing arrangements are developed comprehensively; c) Buildings are well designed in terms of siting, grouping, scale, orientation, detailing, external finishes, security and landscaping in response to the form, scale, character , environmental quality and appearance of the site and the surrounding area; d) An acceptable standard of amenity is created for future residents of the property in terms of sunlighting, daylighting, privacy, outlook, noise and ventilation; e) The site is served by a satisfactory access that would not impact unduly on the highway network; f) The site has been designed to promote accessibility by walking, cycling and public transport, as opposed to the private car; g) The development is sustainable in its energy usage, environmental impact, drainage, waste management, transport implications and is not at risk of flooding; h) The capacity of the current and proposed infrastructure to serve the development is adequate taking into account committed and planned housing development; i) Where spare infrastructure capacity is not available, the site has the ability to provide for the infrastructure requirements it generates, subject to criterion f); j) Within rural settlements the applicant will be expected to demonstrate how the development will enhance or maintain the vitality of the rural community where the housing is proposed; k) Where the site is located on the edge of Barrow and Dalton, the applicant will be required to demonstrate how the development integrates within existing landscape features and is physically linked to the settlement and does not lead to an unacceptable intrusion into the open countryside or would result in the visual or physical coalescence of settlements; l) The proposal will not harm the historic environment, heritage assets or their setting; m) There would be no unacceptable effects on the amenities and living conditions of surrounding properties from overlooking, loss of light, the overbearing nature of the proposal or an unacceptable increase in on-street parking; and n) The development must comply with Policy N3 and the design principles set out in the Development Strategy chapter should be followed.

The site should make effective use of previously developed land where possible.

Policy I6 - Parking Proposals for new developments will be required to provide evidence to demonstrate that adequate parking provision has been provided in consultation with the Local Highways Authority and in accordance with the parking standards in the "Parking Guidelines in Cumbria" SPG or any update to it.

In areas suffering from significant on-street parking problems, greater provision will be sought where possible, or alternative arrangements will be required. When applying parking standards each site should be assessed on its own merits and, if a developer can demonstrate to the satisfaction of the authority that their proposed parking provision is sufficient, the 'Parking Guidelines in Cumbria' can be relaxed in favour of the demonstrated proposal.

The design of on and off site parking provision will be safely accessible and appropriate to the streetscene and character of the local area. Consideration should be given to Policy C3 (water management) and Policy DS6 (landscaping).

Policy N3 - Protecting biodiversity and geodiversity The Council will support development which maintains, protects and enhances biodiversity across the Borough. Proposals for new development should minimise impacts on biodiversity and provide net gains in biodiversity where possible. Proposals will be expected to improve access to important biodiversity areas, and will be required to show full details of measures to achieve this in the form of a suitable Management Plan. Consideration must be given to the Council's Biodiversity and Development Supplementary Planning Document (SPD) and any other relevant guidance.

Designated biodiversity and geodiversity sites

There is a presumption in favour of the preservation and enhancement of sites of international and national importance. Development proposals that would cause a direct or indirect adverse effect on any site of international or national importance, including its qualifying habitats and species will only be permitted where the Council and relevant partner organisations are satisfied that:

.; The adverse effect cannot be avoided (for example through locating the development on an alternative site); and

.; Any adverse impacts can be mitigated for example through appropriate habitat creation, restoration or enhancement on site or in another appropriate location, in agreement with the Council and relevant partner organisations, via planning conditions, agreements or obligations.

Where mitigation is not possible or viable or where there would still be significant residual harm following mitigation, compensation measures should be made to provide an area of equivalent or greater biodiversity value. Compensation should be secured through planning conditions or planning obligations.

Special compensation considerations apply in the case of Natura 2000 sites. If harm to such sites is allowed because the development meets the above criteria and imperative reasons of overriding public interest have been demonstrated, the European Habitats and Wild Birds Directive requires that all necessary compensatory measures are taken to ensure the overall coherence of the network of European Sites as a whole is protected.

Local wildlife sites and geological designations such as County wildlife sites, wildlife corridors and Local Geological Sites (LGS) will be afforded a high degree of protection from potentially harmful development, unless a strong socio-economic need can be demonstrated and the development cannot be situated in a less sensitive location.

Assessing the effects of development on biodiversity and geodiversity

Proposals for new development which may result in significant harm to biodiversity must be accompanied by appropriate surveys, undertaken by a suitably qualified person, to identify the potential effects of development. In such cases, the mitigation hierarchy, as referenced in the Council's Biodiversity and Development SPD should be applied and it must be demonstrated that avoidance measures have been considered and justification for ruling these out must be given. Where significant harm is avoidable, it should be adequately mitigated, or as a last resort, compensated for.

Where mitigation is required in the form of species translocation, the Council will work with partners to identify suitable sites for translocation.

Where there is evidence to suspect the presence of protected species, the planning application should be accompanied by appropriate, up-to-date surveys carried out at the correct time of year for the particular species assessing their presence to ensure that the proposal is sympathetic to the ecological interests of the site.

PLANNING COMMITTEE

13th July 2021

INDEX

Page Reference Address Proposal

2 2020/0803 79A Market Street Demolition of existing retail property located within Dalton-in-Furness a conservation area and hard standings, erection of terrace of 4 dwellings with garages and landscaping. Change of use of the site from retail to residential 45 2021/0430 Armadale, Ireleth Road, Construction of a detached 1.5 Storey dwelling with Ireleth, Askam-in- detached garage and associated landscaping. Furness, Cumbria LA16 7DL