Agenda Item 8 (d) REPORTS FOR DEBATE

Eden District Council Planning Applications Committee Agenda Committee Date: 17 September 2009

INDEX

Application Item Page Applicant’s Name Location Number Number Number

09/0479 Pure Renewable Field at Midtown Farm to West of 1 3 Energies Reagill,

09/0532 The Lakes Free Land at Meg Bank, Stainton 2 12 Range Egg Company

09/0500 Mrs C Wheatley- Reigny House Cottage, Newton 3 18 Hubbard Reigny

1 Agenda Item 8 (d) REPORTS FOR DEBATE

2 Agenda Item 8 (d) REPORTS FOR DEBATE Item No 1

Eden District Council Planning Applications Committee 17 September 2009

Planning Application No: 09/0479 Erection of Temporary Wind Monitoring Mast Field at Midtown Farm to West of Reagill, Shap

Director of Technical Services

Site Plan:

3 Agenda Item 8 (d) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as some eight objectors have requested a hearing and that the recommendation is contrary to the views of the Parish Council. 2 Recommendation

It is recommended that planning permission be granted subject to the following conditions:

1 That the temporary wind monitoring mast hereby granted planning permission shall be removed from the site and the uses discontinued on or before the expiry of a period of three years from the date of this permission. Any works required for the reinstatement of the land to its current form and appearance shall be carried out within one month of the expiry of the permission, or the prior removal of the temporary wind monitoring mast, whichever is the earlier.

Reason:

1 The development is required to meet a specified short term need and to secure the satisfactory reinstatement of the site.

3 Report Details

3.1 Proposed Development 3.1.1 The proposal is for the erection of a 51 metre high wind monitoring mast, constructed in 150mm diameter tubing and supported by guy wires extending to a radius of 33.5 metres around the base of the mast. The lightweight mast is simply fixed to the ground with a steel base plate (spiked in) and is remotely monitored to avoid extensive ground works or the need for an equipment cabin. 3.1.2 The proposed mast is required to secure wind speed data in order to assess the suitability of the site for a wind farm cluster and to inform on the design and layout of such a potential development proposal.

3.2 Description of the Site and the Surroundings 3.2.1 The proposed mast is to be located just on the west side of a hill, some 40 metres above and some 550 metres to the west of Reagill, a small village between Mauls Meaburn and the M6 motorway corridor some 2.7 kms to the west. The mast position is generally located on a raised, undulating plateau area, sparsely populated by several individual farm groups and visible only from more distant views. The undulating plateau area and application site area is not visible from Reagill and is hidden from view behind the crest of the hill 550 metres to the west of the village. The east side of the hill facing Reagill has a number of mature trees and a large mature plantation block is located 120 metres to the south east of the mast position. 3.2.2 The majority of the lightweight, 51 metres high mast will be visible from the village of Reagill, over the adjacent ridge, but at a distance of 550 metres. A public foot path runs between Reagill and Threaplands, an isolated farm group some 500

4 Agenda Item 8 (d) REPORTS FOR DEBATE metres to the west of the application site. The footpath passes within 130 metres of the mast position and is one of six paths which converge on Treaplands. 3.2.3 The application site and the immediate surrounding area has no landscape designation. The area of Landscape of County Importance which lies within the M6 corridor, extends up to Threapland, some 500 metres from the application site. The undulating plateau area has fine panoramic views extending to the Pennines AONB to the east and to the Lake District National Park to the west.

3.3 Relevant Planning History 3.3.1 The Council provided a Scoping Opinion in response to a scoping statement submitted by the current applicant, in respect of a proposed Windfarm Cluster at Midtown Farm, Reagill, on 8 July 2009. The Scoping Opinion being the mechanism to establish the parameters of an Environmental Impact Assessment which would be a requirement to be included in any subsequent planning application that may follow.

3.4 Method of Publicity and Summary of Representations 3.4.1 The application was advertised by the posting of a site notice and some 24 neighbour notification letters were sent out. Some 181 objections were received which may be summarised as follows:

(1) The mast, because of its size, industrial scale and location (50 metre mast on land 250 metres high and sited 30 metres above Reagill) will have a serious adverse effect on the landscape and visual character of this elevated and unspoilt area, dominating the skyline and creating noise nuisance to near by residents.

(2) The mast because of its size, scale and elevated location will have a serious adverse effect on the villages of Reagill and .

(3) The site is within an area of search for the National Park Extension, in respect of the Yorkshire Dales and Lake District National Parks and under consideration as an AONB and visible from East Fellside, the Howgill Fells and the Winash Fells.

(4) The proposal will adversely affect biodiversity, prehistoric heritage, the tourism potential of the area and will provide no benefit to the area.

(5) The proposal is unnecessary as the Met office, Shap provides wind speed information.

(6) The proposal will have an adverse effect on The Image Garden at Reagill.

(7) The mast would be a danger to the flight path for light aircraft.

Non-material representations were received on the following grounds: (8) The proposal is part of a larger application for 13 No. 125 metre high wind turbines and so should be refused as they will have an adverse effect on the landscape and visual character of this area, including the Lake District

5 Agenda Item 8 (d) REPORTS FOR DEBATE and Yorkshire Dales National Park and The Pennines AONB and the villages of Reagill and Sleagill in particular.

(9) There is insufficient wind in the area to operate a wind farm.

(10) The noises and disturbance from the wind farm will adversely affect Reagill residents and adversely affect tourism in the area.

(11) Wind turbines will adversely affect bird life and the bio diversity of the area.

(12) Wind power is unnecessary as is the home of nuclear power and in any event is unreliable.

(13) The cost benefit of wind turbines have yet to be demonstrated.

(14) The proposal will de-value adjacent property.

(15) The road infrastructure is insufficient to cater for wind farm construction traffic.

(16) Inland wind farms are incapable of providing anything other than minimal power.

(17) The developer has not liaised with the local community.

3.5 Parish Responses ( and Newby) 3.5.1 At their meeting of 3 August, Crosby Ravensworth Parish Council confirmed concerns very similar to those submitted in response to the Scoping Opinion as follows:

(i) The site is within 500 metres to 1500 metres of the residents of Reagill. It will be a prominent feature within an unspoilt landscape, most directly affecting seven properties (named) and may lead to a „drift‟ towards major change involving the intended wind farm.

(ii) The applicant has made not attempt to liaise with the residents of Reagill, which is not referred to in the supporting statement.

(iii) The site is within Category 4 agricultural land in use as grazing and is typical of the distinctive and varied landscape character, involving hill farming in the Lyvennet Valley, the area being crossed by a number of public footpaths.

(iv) The suggestion that the land is without a special landscape designation, is premature and is under investigation. Local knowledge confirms a broad range of fauna and flora, together with architectural and archaeological features which would be in conflict with the industrial scale of the proposal.

(v) Although there is no designation of significant value, the Parish Council is aware of the investigation relating to the area bordering the Lake District National Park as an AONB and which is supported by the Parish Council

6 Agenda Item 8 (d) REPORTS FOR DEBATE and a leading feature of the recently completed Community plan. There should be a moratorium on industrial scale developments in this unchanged environment until the outcome of these investigations are complete.

(vi) The elevated site is in a prominent position clearly visible as the highest point between the much used High Street and Helvellyn ranges and the Pennine ranges together with other public footpaths in the area. The proposal would be detrimental to the landscape and visual character of the area over looking the whole of the Lowther and Eden Valleys. This adverse impact outweighs any potential benefit associated with the scheme.

(vii) The proposal will create risk to two local light aircraft landing sites within 1 km and 6 km of the site.

(viii) If permission is granted, any wind speed information gathered by the mast should be shared with the Parish Council.

(ix) If permission is granted it is requested that the applicant be required to reinstate the site to its former condition.

(x) The Parish Council is not in principle opposed to the use of wind energy in appropriate locations or alternative forms of energy production.

3.6 Consultation Responses 3.6.1 Highways Authority - No objection advising that warning signs be provided during construction.

3.6.2 National Air Traffic Services (En Route) Limited (NERL - with responsibility for civil and defence air traffic) - There is no conflict with our safeguarding criteria.

3.6.3. Environmental Health - No objection

3.7 Main Planning Issues Raised Visual Impact within rural landscape Impact on nearby residential properties/listed buildings Air Traffic Safety Site access considerations

3.8 Planning Assessment 3.8.1 In respect of the proposal‟s impact within the rural landscape, the site does not in its self have a protective designation, but is in close proximity to an area of Landscape of County Importance and will possibly be visible from both the Pennines AONB and the Lake District National Park on either side, depending on weather conditions. The site is located within an attractive and relative undisturbed rural area. This aspect was highlighted in Natural ‟s consultation response, in the production of the Council‟s Scoping Opinion for the proposed Wind farm Cluster, which confirmed that the site was within the area of search for

7 Agenda Item 8 (d) REPORTS FOR DEBATE the National Park Extension, in respect of the Yorkshire Dales and Lake District National Parks.

3.8.2 Natural England are concerned to ensure that the EIA for the Wind Farm Cluster should make a full assessment for its potential impacts and to which the Council concurred. It is however the case that the current proposal is not for a wind farm, but relates to a significantly less intrusive, single, lightweight mast, which although located in a prominent, elevated position, is likely to have only limited visual impact over the wider area. It‟s impact is also mitigated by its location within a landscape interspersed by stands of mature trees and that permission is sought for a temporary period of three years only.

3.8.3. A footpath, which is part of the local network, passes close to the site and clearly, such local walkers will be aware of this temporary feature within the landscape. The proposal will be temporary and due to its lightweight nature and site restoration will easily be achieved.

3.8.4 In respect of the impact on local residential properties/listed buildings, this will be limited primarily to properties in Reagill and to those orientated towards the elevated mast position. It is considered that due to the relative distance from Reagill (550 metres) and its position relative to nearby trees, the temporary, lightweight mast is unlikely to have a direct and overwhelming impact on adjacent property, sufficient to warrant a recommendation of refusal.

3.8.5 It is accepted that the mast will be visible from a variety of locations within Reagill and the surrounding area, but it is considered that any such views may be only limited or partial. In practical terms residents and visitors passing along the village street will only have intermittent views. In addition, the visual impact of the proposal will be much more limited over greater distances and very dependent on weather conditions. Indeed, it may be possible to see the mast from either from either the Pennines AONB and the Lake District National Park, but this is only likely to be the case on particularly on clear days and on such occasions, it‟s impact is likely to be minimal.

3.8.6 However, merely the fact that the mast can be seen, is not in itself sufficient to warrant a recommendation of refusal and a view must be taken as to whether or not the mast is sufficiently overwhelming or intrusive to justify refusal. This is not considered to be the case in this instance as the proposal is for a slim light weight mast, which although set on an elevated site, is interspersed with stands of mature trees at a distance from Reagill and for a temporary period of only 3 years.

3.8.7 In respect of concerns over air traffic safety it is noted that NATS (NERL Safeguarding) responsible for civil and defence air traffic have no objection to the proposal and therefore should not constitute a valid ground for refusal.

3.8.8 In respect of site access considerations, the proposal can be installed by the use of two, modest, light weight vehicles, over existing roadways. In this respect the Highways Authority raise no objection to the proposal.

3.8.9 The policy back ground to the current application is that of support for renewable energy proposals, but in appropriate locations, where their effects do not out weigh environmental, social and economic benefits that a scheme may bring. These are

8 Agenda Item 8 (d) REPORTS FOR DEBATE issues that would be rehearsed at length in the consideration of any wind farm application that may eventually be submitted. The current proposal by comparison is of limited significance which would impact over a modest area, more directly affecting and visible from, some properties in Reagill and the surrounding area. However, it is considered that the use of a static, single, light weight mast, over a temporary period of 3 years, does not introduce any permanent or semi- permanent environmental or social harm to the area and is necessary to assess the potential suitability of the site for a wind farm, in respect of wind speed characteristics only.

Non-material considerations 3.8.10 This application has been the subject of a significant number of objections, the majority of which raise concerns on the basis of either, that the proposal is a precursor to, or part of an application for a wind farm, or that the proposal is for a wind farm. Whilst it is the case that the Council has provided a Scoping Opinion for a wind farm cluster, no prior agreement has been made, implicit or otherwise for a wind farm. A wind farm proposal, would have to be the subject of a planning application (incorporating an Environment Impact Assessment) and cannot in any way be considered at this stage, as an element of, or a potential outcome of, the current proposal. 4 Policy Framework

4.1 The Council has four corporate priorities which are Affordable Housing Quality Environment Economic Vitality Quality Council Council on 7 February 2008 agreed fifteen strategic actions to achieve these priorities.

4.2 Relevant Local Plan Policies 4.2.1 Eden District Local Plan (Saved Policies)

Policy NE1: Development in the Countryside Policy BE7: Historic Parks and Gardens Policy BE13: Development Affecting Listed Buildings Policy E3: Landscape of County Importance 4.2.2 Cumbria and Lake District Structure Plan (Saved Policies)

Policy E36: Landscapes of County Importance Policy E37: Landscape Character Policy E38: Historic Environment

9 Agenda Item 8 (d) REPORTS FOR DEBATE Policy R44: Renewable Energy Outside the lake District National Park and AONBS 4.2.3 NW of England Regional Spatial Strategy

Policy EM1(A-D): Integrated Enhancement and protection of the Region‟s Environmental Assets Policy EM 15: A Framework For Sustainable Energy in the North West Policy EM 17: Renewable Energy 4.2.4 Eden DC Core Strategy

Policy CS1: Sustainable Development Principles Policy CS 16: Principles for the Natural Environment Policy CS 17: Principles for the Built (Historic) Environment Policy CS 20: Renewable Energy 5. Implications

5.1 Legal 5.1.1 There are none arising directly from this report.

5.2 Financial 5.2.1 There are none arising directly from this report.

5.2.2 The Council has agreed an action plan to carry through the Balancing the Budget exercise. A key part of this is the Resource Allocation Categorisation which is designed to ensure that resource allocation reflects the Council‟s priorities. The full categorisation was agreed at Council on 7 February 2008 and the financial implications of any report must be consistent with this.

5.3 Equality and Diversity 5.3.1 There are none arising directly from this report.

5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equalities Act, 2006 and related statutes.

5.4 Environmental 5.4.1 There are none arising directly from this report.

5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act.

5.5 Crime and Disorder 5.5.1 There are none arising directly from this report.

10 Agenda Item 8 (d) REPORTS FOR DEBATE 5.5.2 The Council has to have regard to the need to reduce crime and disorder in exercising its functions under the Crime and Disorder Act, 2004.

5.6 Children 5.6.1 There are none arising directly from this report.

5.6.2 The Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of its functions under the Children‟s Act, 2004.

5.7 Risk Management 5.7.1 There are none arising directly from this report.

6. Reasons for decision/recommendation

6.1 It is recommended that planning permission be granted subject to the following conditions: 1 That the temporary wind monitoring mast hereby granted planning permission shall be removed from the site and the uses discontinued on or before the expiry of a period of three years from the date of this permission. Any works required for the reinstatement of the land to its current form and appearance shall be carried out within one month of the expiry of the permission, or the prior removal of the temporary wind monitoring mast, whichever is the earlier.

Reason: 1 The development is required to meet a specified short term need and to secure the satisfactory reinstatement of the site. S Huddart Director of Technical Services Governance Checks:

Checked by or on behalf of the Monitoring Officer 

Background Papers:

Contact Officer: Kevin Hutchinson

Telephone Number: (01768) 212318

11 Agenda Item 8 (d) REPORTS FOR DEBATE

Item No 2

Eden District Council Planning Applications Committee 17 September 2009

Planning Application No: 09/0532 Extension to egg packing plant, land at Meg Bank, Stainton for The Lakes Free Range Egg Company

Director of Technical Services Site Plan:

12 Agenda Item 8 (d) REPORTS FOR DEBATE

1 Purpose of Report

1.1 This application is before members as an objector has requested a hearing. 2 Recommendation

It is recommended that full planning permission be granted subject to the following conditions:

1. The development permitted shall be begun before the expiration of three years from the date of this permission.

2. The development shall be carried out strictly in accordance with the details and plans accompanying the application and shall not be varied other than by prior agreement in writing with the local planning authority.

3. The packing and distribution element of the development shall only operate between 8am to 6pm on Mondays to Fridays, 8am to 4pm on Saturdays and 9am to 4pm on Sundays. No deliveries to or from this activity shall take place outside these hours.

4. The landscaping works required by the grant of planning permission 08/0177 shall be implemented in the first planting season following the occupation of any part of this development.

5. Prior to the commencement of development precise details of the colour, texture and disposition of all external finish materials shall be agreed in writing with the local planning authority and the development shall then only proceed in accordance with such details as may be approved.

Reasons:

1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.

2. To ensure a satisfactory development and to avoid ambiguity as to what constitute the permission.

3. In order to safeguard residential amenity.

4. In the interests of the visual amenity of the area

5. In the interests of the visual amenity of the area.

3 Report Details

3.1 Proposed Development

3.1.1 The application seeks consent for the fourth stage of the development of this site on the eastern approach to the village. This stage would provide office accommodation together with additional packing facilities. The scheme would

13 Agenda Item 8 (d) REPORTS FOR DEBATE provide additional building to the frontage of the existing development but utilising stone and slate in its construction rather than the simple steel cladding of the existing buildings. In addition photovoltaic roof panels will be attached to the south facing roof slopes of the existing buildings.

3.2 Description of the Site and the Surroundings 3.2.1 The site sits well back off the road leading into the village from the Ullswater road and is presently occupied by a range of substantial modern steel clad buildings as well as an agricultural workers dwelling. The site has the benefit of some extensive landscaping at various stages of maturity. Some 300m to the north west of the site is a separate range of buildings operated by the company for the same purposes. It is indicated that this group will be mothballed on the completion of this development with all activity taking place on the site the subject of this application.

3.3 Relevant Planning History 3.3.1 08/0177 new packing sorting and storage building - Approved 06/0479 erection of office/training facilities - Approved 06/0478 dwelling - Approved 06/0074 demolition of existing unit and replacement chicken building - Approved 05/0013 change of use from cattle shed to egg and packing store - Approved 04/0748 extension to poultry shed - Approved 02/0205 general purpose agricultural building for free range poultry - Approved 00/0451 general purpose agricultural building for free range poultry - Approved

3.4 Method of Publicity and Summary of Representations 3.4.1 The application was advertised by way of site and press notices and letters to adjacent owners and previous objectors. No responses received.

3.5 Parish Response: 3.5.1 The Council has no objections but is concerned at the conspicuity of the proposed extension. The Council suggests that the outer wall finish be such as to minimise its impact on the landscape and that consideration be given to planting mature trees rather than saplings.

3.6 Consultation Responses 3.6.1 Highways Authority - no objection.

3.7 Main Planning Issues Raised Design and landscape impact Suitability of location Affect on amenity Sustaining the rural economy

14 Agenda Item 8 (d) REPORTS FOR DEBATE 3.8 Planning Assessment 3.8.1 The proposed building would be linked to the existing buildings on the site and would serve to introduce a less utilitarian aspect to the present range of buildings when viewed from offsite by disguising the simpler industrialised nature of the existing development. This together with the landscape planting already undertaken and the additional planting proposed by this scheme will further serve to improve the local environment. The historic nature of the development on this site has occurred because of the acceptability in land use terms of the site for the development. 3.8.2 In addition to the visual improvement that would be achieved the development would relocate the traffic movement, particularly the movement of hgv traffic from the existing site on the public highway to this which is well removed from existing housing and has easy access from the highway. The development would improve existing conditions on the public highway for other road users by removing the need for hgvs to manoeuvre on the road and for the movement between the two existing sites. In addition the site has easy access to the regional and national road system. 3.8.3. The business employs forty full-time workers, over half of whom live within five miles of the site. Previous comments made on the development of the site related to it being more appropriately accommodated on an industrial estate. Given the location of the majority of the workforce and the fact that much of the egg production also occurs within the area of Stainton it would be both uneconomic and unsustainable in transport terms to relocate the business. In addition the Council, by the grant of planning permissions, has accepted the suitability of the location for the development. This present phase, as discussed, will assist in providing a less industrial appearance to the development. Retained Policy EM7 of the Local Plan supports the approval of the application. In respect of retained Policy NE1 - Development in the countryside does not conflict with the further development of this established activity on the site. 4 Policy Framework

4.1 The Council has four corporate priorities which are: Affordable Housing Quality Environment Economic Vitality Quality Council Council on 7 February 2008 agreed fifteen strategic actions to achieve these priorities.

4.2 Relevant Local Plan Policies: 4.2.1 NE1 Development in the countryside EM7 Extension of existing sites and premises

15 Agenda Item 8 (d) REPORTS FOR DEBATE 5. Implications

5.1 Legal 5.1.1 There are none arising directly from this report.

5.2 Financial 5.2.1 There are none arising directly from this report. 5.2.2 The Council has agreed an action plan to carry through the Balancing the Budget exercise. A key part of this is the Resource Allocation Categorisation which is designed to ensure that resource allocation reflects the Council‟s priorities. The full categorisation was agreed at Council on 7 February 2008 and the financial implications of any report must be consistent with this.

5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equalities Act, 2006 and related statutes.

5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act.

5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 The Council has to have regard to the need to reduce crime and disorder in exercising its functions under the Crime and Disorder Act, 2004.

5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 The Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of its functions under the Children‟s Act, 2004.

5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for decision/recommendation

6.1 The proposal is considered to be acceptable within its location and would not have a detrimental effect on neighbouring properties or the area in general, rather it is likely to improve the current situation in both visual and traffic movement respects. In addition the proposal complies with Policy EM7 of the Eden District Local Plan. S Huddart Director of Technical Services

16 Agenda Item 8 (d) REPORTS FOR DEBATE Governance Checks:

Checked by or on behalf of the Monitoring Officer 

Background Papers:

Contact Officer: Malcolm Johnson

Telephone Number: 01768 212446

17 Agenda Item 8 (d) REPORTS FOR DEBATE

Item No 3

Eden District Council Planning Applications Committee 17 September 2009

Planning Application No: 09/0500 Conversion of redundant agricultural barns to form two new dwellings and extension of existing house Reigny House Cottage, Newton Reigny for Mrs C Wheatley-Hubbard

Director of Technical Services

Site Plan:

18 Agenda Item 8 (d) REPORTS FOR DEBATE

1 Purpose of Report:

1.1 This application is before members as the officer‟s recommendation is contrary to the views of the Parish Council. 2 Recommendation:

It is recommended that the application is refused on the grounds that:

1) The proposed conversion of these former agricultural buildings to residential use, without exceptional justification such as to meet the need for local affordable housing, would represent market-led residential development outside an identified key settlement or local service centre. The proposed development is therefore contrary to Policy HS6 of the Eden Local Plan, Policies ST5 and H19 of the Cumbria and Lake District Joint Structure Plan and Policy RDF2 of the North West of England Regional Spatial Strategy.

3 Report Details

3.1 Proposed Development 3.1.1 The application seeks full planning permission for the conversion of a number of agricultural buildings to form two residential units and an extension to the existing residential property.

The southern unit will provide a four bedroom dwelling, and the northern unit will provide a three bedroom unit. The proposal also includes the extension of the existing cottage to provide a three bedroom unit. The remainder of the land to the rear of the buildings will provide parking and gardens for the proposed properties.

3.2 Description of the Site and the Surroundings 3.2.1 Newton Reigny is a rural village located approximately 6km to the north west of Penrith. The village is approached by the C3010 road which runs north from the University of Cumbria campus to Newton Reigny, Laithes and other rural settlements.

The application site relates to an area of land measuring approximately 2200m². The site has a frontage of 30m and includes a number of agricultural buildings which run across the site and are set back from the road approximately 20m. There is a central archway between the buildings leading to an existing two bedroomed cottage attached to the northern end of the barns. The barns are of red sandstone construction with a slate roof, and two storeys in height. The area to the front of the site is currently laid to grass with a number of trees, and there is a small paddock to the rear. The buildings are not listed as having any architectural or historic importance and Newton Reigny is not a Conservation Area. The appeal site is not an allocated site within the Eden Local Plan, and Newton Reigny is not listed as being a Local Service Centre within the emerging Core Strategy document.

19 Agenda Item 8 (d) REPORTS FOR DEBATE 3.3 Relevant Planning History 3.3.1 08/0640 - Conversion of redundant agricultural barns to form two new dwellings and extension of existing house - Full Refusal - 8 October 2008 - on the grounds that the proposed conversion without a local occupancy condition and, in this location, without an element of affordable housing would be contrary to policy (the application was subsequently dismissed at appeal - Inspector‟s decision letter attached to this report).

Outline planning permission was granted for the conversion of the buildings to two dwellings and the erection of two dwellings on land to the rear in 1992, and a further outline permission for the scheme was granted in 1995. A Reserved Matters/Full Approval was never submitted and the outline permission expired in 1998.

3.4 Method of Publicity and Summary of Representations 3.4.1 The application was advertised by way of immediate neighbour notification letters and site notice posted - no responses received.

3.5 Parish Response 3.5.1 The Catterlen Parish Council, having made careful study of the application documents and conducted an on-site visit, offer the following observations: The design and layout of the proposed development will fit well with existing properties in the prominent central location of Newton Reigny, Main Street. The redundant barns, if not put to useful purpose will continue to fall into decay and dereliction. Therefore the Catterlen Parish Council is of the opinion that approval should be recommended.

3.6 Consultation Responses 3.6.1 Arboriculturalist - If the development is to go ahead, recommends that a Tree Preservation Order (TPO) is served to certain trees on the site. Also recommends that conditions are imposed requiring further information to be submitted and agreed by the Local Planning Authority to ensure the protection of the trees.

Cumbria County Council (Historic Environment Officer) - The barns are considered to be of some historic importance and their character and appearance would be altered by the proposed conversion. Recommends that an archaeological building recording programme be undertaken in advance of development. Highways Authority - No objections subject to the imposition of standard highway conditions.

3.7 Main Planning Issues Raised Suitability of location for residential development. Design of proposed development. Impact on character and appearance of locality and amenity of neighbouring residents.

20 Agenda Item 8 (d) REPORTS FOR DEBATE 3.8 Planning Assessment The previous planning application (08/0640) which presented the same scheme and was subsequently dismissed on appeal was refused on the grounds that: 1. The proposed conversion to residential units without a local occupancy condition is contrary to Policy L5 of the North West of England Plan Regional Spatial Strategy to 2021 (September 2008). 2. The proposal fails to provide an element of affordable housing and is therefore contrary to Policy L5 of the North West of England Plan Regional Spatial Strategy to 2021 and Policy CS10 of the emerging Core Strategy. The Inspector in his decision, although stating that Policy L5 of the RSS and Policy CS10 of the emerging Core Strategy do not carry sufficient weight to justify withholding planning permission, dismissed the appeal on the grounds that the Structure Plan indicates that new development should be focused on key service centres and that the location is considered to be unsustainable under current policy. Since the refusal of the previous application, the Council has reconsidered its position with regard to the imposition of local occupancy conditions as a result of recent appeal decisions and the weight which Inspectors have afforded to the Council‟s emerging Core Strategy. The result is that the Council has decided to discontinue the practice of imposing local occupancy conditions on dwellings, and there is no longer a requirement for a local occupancy condition with regards to this development. Notwithstanding this, the Council‟s position in relation to the requirement for 100% affordable housing outside of key or local service centres has not altered. Policies HS1 and HS6 of the Eden Local Plan are saved under the provisions of the Planning and Compulsory Purchase Act 2004. Policy HS1 lists settlements with housing allocations, however even though Newton Reigny appears in this list, the site is not identified as an allocated site for housing development. The reason for saving this policy was because it contains unimplemented planning permissions and in isolation this cannot be interpreted as identifying Newton Reigny as an appropriate location for future development. The emerging Core Strategy (Appendix 4) lists villages which have been identified as being Local Service Centres. Newton Reigny has not been identified as such a centre, primarily because it does not provide a range of services and public/community based transport facilities. Therefore it is considered that the application site is within a smaller settlement, which whilst it is acknowledged that sustaining and revitalising rural areas is necessary, only small scale development to meet local needs will be permitted in these locations. Policy HS6 of the Eden Local Plan indicates that „the Council may exceptionally grant planning permission, in addition to that permitted under Policies HS1 and HS4, to meet specific local needs for affordable housing which cannot otherwise be met.‟ The explanatory text with this policy states that „schemes submitted for consideration must be supported by evidence of the need it is intended to meet and by financial details to show the scheme to be viable and capable of providing affordable housing in the context of the local housing market.‟ The housing need survey (2006) identified that there was an unmet need for 31 affordable units per

21 Agenda Item 8 (d) REPORTS FOR DEBATE year for five years within the Hesket ward (ie 155 units to 2011). No evidence has been submitted with the application to demonstrate that the proposed dwellings could not be provided as affordable units. This view was supported by the Planning Inspector in the recent appeal decision where it was stated that “a simple comparison of likely conversion costs and local incomes does not demonstrate that it would not be economically viable to provide an element of affordable housing as part of residential development within the appeal site.” If the applicant were to offer the development as 100% affordable, or demonstrate to the Council that it would not be economically viable to provide an element of affordable housing as part of the residential development, the Council would raise no objections to either the design of the scheme, its impact on neighbouring residential properties, or on highway safety grounds. The Council‟s Arborculturalist has raised concerns with regards to the impact of the development on the trees within the foreground around of the site, but is happy that these concerns could be satisfied through the imposition of conditions and the serving of a Tree Preservation Order (TPO) on various trees. It is considered that the proposed design of the conversion is acceptable, given that a limited number of new openings are proposed and the building will retain the form and character of an agricultural building. The garage block which is proposed is considered to be acceptable, with the elevations facing the barns being faced in salvaged masonry stonework and the roof being of salvaged natural slate. Objections were originally made by the neighbouring property in relation to the positioning of the proposed garage in relation to their property, however it is not considered that the siting of the garage in this location will have a significant impact, given that it is approximately 14 metres to the rear elevation of the adjoining property and about 3 metres from the boundary of the neighbouring garden. No objections have been raised to the scheme by the Highways Authority. Catterlen Parish Council has raised concerns with the regards to the barns falling into „decay and dereliction‟ should they not be put to useful purpose. Although it is acknowledged that the barns sit in a prominent location within Newton Reigny and make a positive contribution to the street scene, the Inspector in his dismissal of the previous application concluded that the barns appear to be in a reasonable state of repair and the dismissal of the appeal would be unlikely to pose any immediate threat to their future. Officers would not disagree with this. No evidence has been submitted by the applicant to support their argument that the buildings are at risk of falling into a state of disrepair unless a comprehensive redevelopment scheme is undertaken. In conclusion, it is considered that the application as submitted for the conversion of these existing agricultural barns to form two market led dwellings would not comply with either current or emerging policy, which seeks to ensure that residential development outside of key or local service centres is only permitted as an exception to policy where it will meet local affordable housing needs in perpetuity. 4 Policy Framework

4.1 The Council has four corporate priorities which are Affordable Housing

22 Agenda Item 8 (d) REPORTS FOR DEBATE Quality Environment Economic Vitality Quality Council Council on 7 February 2008 agreed fifteen strategic actions to achieve these priorities.

4.2 Relevant Planning Policies North West Regional Spatial Strategy Policy L5: Affordable Housing Policy CNL1: Overall Spatial Policy for Cumbria Policy CNL2: Sub-area Development Priorities for Cumbria Cumbria and Lake District Joint Structure Plan Policy ST5: New Development and Key Service Centres outside the Lake District National Park Policy H19: Affordable Housing outside the Lake District National Park Eden Local Plan (1996) Policy HS1: Allocations for Residential Development Policy HS6: Affordable Housing for Local Needs 5. Implications

5.1 Legal 5.1.1 There are none arising directly from this report.

5.2 Financial 5.2.1 There are none arising directly from this report.

5.2.2 The Council has agreed an action plan to carry through the Balancing the Budget exercise. A key part of this is the Resource Allocation Categorisation which is designed to ensure that resource allocation reflects the Council‟s priorities. The full categorisation was agreed at Council on 7 February 2008 and the financial implications of any report must be consistent with this.

5.3 Equality and Diversity 5.3.1 There are none arising directly from this report.

5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equalities Act, 2006 and related statutes.

5.4 Environmental 5.4.1 There are none arising directly from this report.

23 Agenda Item 8 (d) REPORTS FOR DEBATE 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act.

5.5 Crime and Disorder 5.5.1 There are none arising directly from this report.

5.5.2 The Council has to have regard to the need to reduce crime and disorder in exercising its functions under the Crime and Disorder Act, 2004.

5.6 Children 5.6.1 There are none arising directly from this report.

5.6.2 The Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of its functions under the Children‟s Act, 2004.

5.7 Risk Management 5.7.1 There are none arising directly from this report.

6. Reasons for decision/recommendation

6.1 It is considered that the application as submitted for the conversion of these existing agricultural barns to form two market led dwellings would not comply with either current or emerging policy, which seeks to ensure that residential development outside of key or local service centres is only permitted as an exception to policy where it will meet local affordable housing needs in perpetuity.

S Huddart Director of Technical Services Governance Checks:

Checked by or on behalf of the Monitoring Officer 

Background Papers: Appeal Decision Letter (dated 15 June 2009)

Contact Officer: Aimee Richardson

Telephone Number: 01768 212486

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