Agenda Item 7 (e) REPORTS FOR DEBATE
Eden District Council Planning Applications Committee Agenda Committee Date: 20 August 2009 INDEX
Application Item Page Applicant’s Name Location Number Number Number
09/0133 Mr G Martin Greenhollows Country Park, 1 3 Southwaite, Carlisle
09/0189 Lyon Property Blencow Quarry, Newbiggin, Penrith 2 15 Investments Ltd
09/0190 Lyon Property Blencow Quarry, Newbiggin, Penrith 3 31 Investments Ltd
Residential development, land at 09/0279 R McManus Elm House, High Hesket 4 68
09/0390 Executors of Vernan Birchfield, Greens Lane, Great 5 77 Douglas Clarke Salkeld
09/0255 Bonds Precision Potters Lonning, Alston 6 82 Products
09/0256 Booths (Penrith) Ltd Former Rickerby‟s and Bowmans 7 88 premises, Brunswick Road, Penrith
09/0394 Alba Transport Quarry Garage, Stainton 8 100
09/0483 Mr P Cowperthwaite Plots 7 and 8, Horse and Farrier 9 105 Courtyard, Kirkby Thore
09/0523 Mr M Davidson Removal of Planning Condition 3 of 10 111 Planning Consent 07/0914
1 Agenda Item 7 (e) REPORTS FOR DEBATE
2 Agenda Item 7 (e) REPORTS FOR DEBATE
Item No 1 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0133 Retrospective planning application for change of use of land to the siting of caravans (park homes), subject to S106 Agreement allowing existing named residents only to fully occupy their caravans for their duration and thereafter caravans to be used for holiday accommodation Greenhollows Country Park, Southwaite, Carlisle for Mr G Martin Director of Technical Services Site Plan:
3 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before Members because of the sensitive nature of any decision and because the recommendation is contrary to the development plan. Notwithstanding the Officer recommendation the report seeks Members consideration of: A proposed S106 legal agreement in respect of the future use of Greenhollows Country Park. Documentation of private meetings undertaken by Officers with existing residents in which personal circumstances are disclosed (see confidential pink papers). 1.2 The proposed S106 Agreement would provide a resolution of the existing unauthorised residential use by allowing current occupiers to remain in residence but that this residential occupation ceases when these occupiers leave. Members are requested to consider if this suggested resolution, and the personal circumstances of the residents, outweigh the planning objections to the development. Given the sensitive nature of the information provided from residents, it is requested that Committee considers residents‟ personal circumstances in private. 2 Recommendation:
It is recommended that planning permission be granted subject to the proposed Section 106 Legal Agreement.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks planning permission for the stationing of 14 caravans for holiday occupancy. The site however has been used for full time occupancy caravans for over 5 years without the benefit of planning permission. The application seeks to regularise the position by attaching an Agreement under Section 106 of the Town and Country Planning Act to any permission which might be granted. The Agreement has the effect of allowing the existing residents to remain on site but for each caravan to revert to holiday use once their occupancy ceases. A copy of the second and third schedules to the proposed Agreement is attached (Appendix 1). 3.2 Description of the Site and the Surroundings: 3.2.1 The site part of a larger development of the land as a caravan site. The area was former gravel workings and is located on the boundary of the District with Carlisle City Council. The site lies at the junction of the minor Hutton in the Forest to Carlisle road with the Gaitsgill to Wreay road. At this junction, but within the Carlisle district, is the “Crown Inn” public house. The caravan park is set back from the Hutton in the Forest road but abuts the Wreay road. 3.2.2 The caravan site, as a whole, is generally only intermittingly viewed from surrounding highways by extant and new planting. The local landscape is agricultural in character with fields enclosed by hedgerow planting and occasional blocks of woodland. On the application site, the caravans sited are all in the form of park homes. They have the accoutrements of domesticity and the site has clearly become residential in character. 3.3 Relevant Planning History:
4 Agenda Item 7 (e) REPORTS FOR DEBATE 3.3.1 The site as a whole has a long history but for the purposes of the consideration of this application the matters of relevance are as follows: 96/084 - permission to change 15 residential and 10 holiday sites to lead to adjustment of site licence, granted November 1997 subject to a S106 Legal Agreement. The proposal on the original site was in effect part retrospective since at the time a total of 4 caravans were occupied in breach on a permanent occupancy basis. On this occasion the material benefits of a Section 106 Agreement which precluded the implementation of a separate permission for 27 touring caravans were considered as an exception to the development plan. 02/0731 - permission for 15 static caravans and 5 chalets granted in October 2002 subject to conditions which required the submission of details in respect of landscaping and drainage before development commenced and a restriction on the occupancy of the caravans to holiday use. 04/0581 - permission for a revised scheme for twin unit caravans approved in September 2004 which again required the submission of details of landscaping and agreement to the colours of caravans before commencement of the development, and the restriction to holiday use of the caravans. 3.3.2 The conditions attached to these permissions were not complied with and the Council subsequently undertook enforcement action in January 2008 as authorised by Committee in an attempt to remedy the matter. Appeals were lodged against an Enforcement Notice and although technical flaws were found in the wording of the Notice resulting in the Notice being confirmed as a nullity, the Inspector found in favour of the Council in respect to the lawful development ground of appeal. It was confirmed that there is no lawful planning permission for caravans at the application site and, in any event, any past permission granted at the site was for holiday accommodation only and did not allow permanent residence. 3.3.3 The Council served fresh enforcement notices against the unauthorised siting and occupation of the caravans as the occupants‟ sole or main residence in November 2008. The notice required the owners/occupiers to cease using the land as a caravan site for the siting of caravans for residential use and to remove all caravans and associated domestic paraphernalia from the land. An enforcement appeal was submitted against this notice and remains extant. Amongst other things, the site owner has appealed that planning permission should be granted for the unauthorised development. The appeal is currently to be determined by the written representations procedure. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by the posting of a site notice and letters of notification. No responses have been received. 3.5 Parish Response: 3.5.1 None received. 3.6 Consultation Responses: 3.6.1 Highways Authority: No objection. 3.7 Main Planning Issues Raised: 3.7.1 Whether the site is appropriate for holiday accommodation.
5 Agenda Item 7 (e) REPORTS FOR DEBATE 3.7.2 Whether allowing by agreement the continued occupancy of the caravans for full time residential use is appropriate in this location with regard to the sustainability of the site, the impact on the Council‟s consideration of other similar matters on other such sites within the District, and the personal circumstances of the residents. 3.8 Planning Assessment: 3.8.1 The site is located in a rural area of the District unrelated to any settlement offering a range of amenities or facilities. It is primarily accessible by car although the circular bus service 620 (Carlisle - Caldbeck - Durdar - Carlisle) has started passing the site once weekly. 3.8.2 Planning policy, at both local and national level requires development to comply, in its location, with sustainable principles. This is especially so in rural areas. Existing and emerging policies directs the majority of new residential development to four key towns and then to local service centres. To protect the open countryside, policies are designed to impose strict control on development unless it can be shown that the need for such development outweighs the impact on the countryside. 3.8.3 The past requirements for this site were that it should be used for holiday purposes only given its remote rural location where permanent occupancy would conflict with established policies in respect of development in the countryside. While the caravan site as a whole has been established for a number of years, and its extension into this area was not considered objectionable for holiday purposes, its use by permanent residents would place demands on services that would not normally arise from holiday visitors. In this respect it is accepted that as people grow older the demands on health and other social services are likely to increase thus placing further demand on those services. The general thrust of policy in respect of the provision of permanent residential uses addresses this issue by directing such accommodation to those locations where such provision can be more economically provided for the greatest number of people. Furthermore, the site is well located for tourist purpose being within travel distance of Carlisle and the north Pennines and the north of this District where tourism accommodation remains limited. There is no objection to the use of the site for holiday accommodation. 3.8.4 The applicant‟s suggested agreement however, seeks to allow the continued full time residency of the unauthorised caravans until such time as the existing occupiers vacate the caravans. At that point the caravans will then revert to holiday occupation. No time limit is established by this agreement, rather the proposal relies only on the inability or desire of existing residents to remain on the site. In practical terms, these caravans have been bought as retirement homes by all of the residents, only a relative few remain in active employment. In effect, the application has the same impact as if consent were being sought for permanent residential use. 3.8.5 Greenhollows Caravan site incorporates the original caravan site adjacent and sectioned off to this application site. The original site has the benefit of planning permission (reference 96/0841) for a total of 25 caravans, 10 of which are restricted to holiday occupancy only, the other 15 being unrestricted in respect of their occupancy. 3.8.6 The planning permission granted for the original caravan site, that permitted 15 of 25 caravans with unrestricted occupancy, was granted whilst in conflict with the then development plan. As it turned out there was a material consideration in the form of the revocation of an earlier planning consent for 27 touring caravans that was considered to outweigh the policy conflict. This application was in part also retrospective as at the time of considering the application some four caravans were
6 Agenda Item 7 (e) REPORTS FOR DEBATE found to be occupied on a permanent basis which did not have the benefit of planning permission. It is understood that preceding the approval of application 96/0841, many caravans on the original site were occupied in breach by motorway and gas contractors carrying out works in the area. 3.8.7 In respect to the application site before committee, 14 caravans have been sited and occupied on a permanent basis. One caravan, no. 42 remains unoccupied and plot 40 is empty with no caravan in place. If past permissions were lawfully implemented for the application site, the 14 caravans should be occupied on a holiday basis only. The suggested Section 106 Agreement, if accepted would result in on the total site, 29 caravans being occupied on a permanent basis and 10 being occupied for holiday use (rising to 12 if plot numbers 40 and 42 are occupied). 3.8.8 The caravans on the application site are unlike any standard touring or static caravan. They are in the form of twin unit park homes and whilst these park homes are regarded to be within the definition of a caravan for the purposes of planning, their appearance is very much in the style of a bungalow type dwellinghouse. They are internally and externally fitted with the normal domestic accoutrements. Many residents have claimed to have waited several months following purchase for their homes to be fully fitted out and stationed on site. Many have also undertaken a great deal of expense in forming garden areas around their homes. Because of this, the site has now established a character of a settled residential area. Such domestic character is at odds with the rural location of the site and is likely to be further consolidated by the continued occupancy of the site over an unknown but most likely a lengthy period of time. 3.8.9 The site has evolved from the original grant of planning consent as a holiday development only and the planning considerations over the years that have continued to accept the holiday, and not residential, use of the site are now more pertinent than ever. Nevertheless the consideration of the suggested agreement does have implications to residents rights under Article 8 of the European Convention on Human Rights, that it the right to respect for private and family life, their home and their correspondence. These are qualified rights which require a balance to be struck between the rights of the individual and the needs of the wider community. 3.8.10 The thrust of spatial planning policy is about developing and enhancing sustainable communities that will stand the test of time rather than reacting to a set of avoidable circumstances that have evolved over the past few years. No evidence is offered as to how the retention of the residential use, albeit for a temporary but indeterminate time, fits in with the Council‟s views on the location of residential uses. 3.8.11 It is therefore compelling that the proposed development is contrary to the development plan and Government policy guidance. However, Government planning practice guidance proclaims for Local Planning Authorities to determine planning applications in accordance with the development plan unless material considerations indicate otherwise. Refusing to grant planning permission will leave existing residents facing continued enforcement action which if confirmed will require them all to find a new home. Therefore a relevant material consideration to this application is what effect will occur to the residents should planning permission not be granted and enforcement action be taken? Weight therefore needs to be given as to whether the resident‟s personal circumstances amount to a justifiable exception to the development plan. As a means of fully considering the personal circumstances of residents, Officers have undertaken private meetings with park home owners in which amongst other things personal circumstances regarding how residents arrived in this
7 Agenda Item 7 (e) REPORTS FOR DEBATE situation, their status and health were discussed. Set questions were asked and answered and comments were given by all 14 sets of affected residents. The results, which contain sensitive information, have been documented and can be found in the confidential pink papers of the Agenda. 3.8.12 The meetings brought many matters to the attention of Officers, some of which are summarised below: That all residents did not deliberately set out to breach planning control. It is understood that residents were not informed by the site owners about the restrictions in occupancy at the site and believed the caravans to be available for residential use. It is further claimed by some residents that upon checks with the Council over the occupancy status, Greenhollows was said to have been confirmed as a residential site with no mention of holiday restrictions. Residents appeared unwilling to take civil action against the site owner because of legal costs and aggravation involved. Many residents claimed that the Council should have stopped the site owners from continuing to sell off the park homes. The Council was also said to have known that residents were moving in on full residential basis when confirmation on occupation was given to the Council Tax section. There are a total of 25 residents within the 14 park home caravans with no more than 2 occupants per caravan. The average age of residents is 66, the youngest being 54 and the oldest 81. The majority of residents are retired and at least one occupant of every caravan is past the national retirement age. There are many residents on site with medical ailments and there are some who are suffering from stress. Many residents wished to point out that local services such as Health Care were not too far away at either Dalston or Hesket. There were further claims that the local bus company are looking into the diversion of an existing bus route past the site which will offer a more regular service than existing. 3.8.13 All residents have claimed to having no alternative residences. Some have undertaken research in respect to moving their park home to alternative lawful residential sites. However, a move has been found to be out of reach for residents given the costs involved. For example, one resident was quoted between £85,000 and £95,000 for a plot on another site and £3,000 haulage and connection charges (quote documented in pink papers). It is understood that there is also reluctance from other park home sites to take on new residents unless they are also buying a new park home caravan. It has therefore apparent that most, if not all, residents would need assistance in being re-housed. Consequently, there is also a risk that residents could be made homeless if planning permission was not forthcoming and enforcement action confirmed. In order to help gauge the weight of personal circumstances, Officers have researched relevant planning appeal cases. It is acknowledged that every case brings with it different considerations. However, certain principles have come to the attention of Officers. For instance, if residents maintain alternative accommodation then this has been found to weaken any personal permission argument. The financial hardship and mere possibility that caravans have been mis-sold has also been given limited weight by virtue of potential compensation coming through civil action. However, the issue of local housing need and the health of residents have been found to carry weight.
8 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.14 The claim that many residents contacted the Council to check on occupancy and that the wrong information was given is also afforded little weight in the absence of substantive evidence. For site licence purposes Greenhollows is identified as one of only a small number of residential caravan sites, as approved under planning reference 96/0841. One resident was said to have carried out a check in person at the Council Office. It is understood that they were given a copy of the 02/0731 Decision Notice but that the full requirements of the occupancy condition were not relayed. The Council is unable to verify this meeting. Likewise, the Council is unable to verify those who telephoned the Council and were allegedly told that the site was residential. In respect to the alleged written response claiming Greenhollows was residential, the Council and the resident have been unable to locate a copy of this alleged correspondence. 3.8.15 With regard to the claim that the Council knew about residents taking up permanent occupancy at the site by virtue of registration for Council Tax purposes, it is the case that the Council Tax staff have no requirement to make enquiries regarding the lawfulness of the unit or occupation. They will accept the information provided to them by the applicant for registration. The onus remains very much on the site owner and the buyer to make sure that the relevant permissions are in place. The Council has no record of any formal search requests being made by residents. In this respect this point is afforded little weight. Members will recall that in light of the problems at the site, the Planning Department are now given warning of changes occurring in occupancy status of residential units by the Revenues Department so that a repeat of the situation at Greenhollows can help be avoided. 3.8.16 Turning to the comments that the Council should have stopped residents taking up occupancy at the site once the initial breach was known, it is understood that some residents who arrived after the enforcement investigation began had already sold their houses and signed up for their park homes, renting at alternative accommodation whilst their park homes were being furnished and sited. Again the onus is very much on the site owner to comply with the planning permission granted. It is claimed that even after Council started investigating, those who subsequently purchased plots and park homes were not advised by the site owner about any planning problems or that any problems that did exist did not prevent them permanently living there. The Council was faced with an extremely complex case including responding to claims from the site owner‟s legal advisors that the site was lawful. Enforcement action was not taken at an early stage as the Council was itself seeking legal advice. To that end, the claim that the Council should have stopped the site owner from allowing more residents to arrive on site carries very little weight. 3.8.17 In terms of the housing need, research undertaken with Eden and Carlisle Housing Officers has revealed that there is a severe affordable housing need in the Skelton ward and the neighbouring Carlisle City council jurisdiction ward area. In the Skelton, there is a need for 17 affordable homes per year. It is understood that the need will not be met in the foreseeable future. Forcing residents to move will therefore exacerbate the housing need problem in the area. 3.8.18 With regard to the health status of residents, it is the case that many residents are suffering from ill health and stress. Some residents have claimed that their ill health has been brought upon as a result of the situation they find themselves in. It has become clear to Officers that medical conditions would be exacerbated by an enforced change of accommodation.
9 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.19 To that end, in considerations of the serious housing need, lack of immediately available alternative affordable housing in the locality, the extremely vulnerable position of the existing occupiers and the fact that the application is for a personal occupancy basis only which is to be controlled through a Section 106 Agreement, cumulatively in this case amount to an exceptional material consideration. 3.8.20 The agreement provides for those existing residents to gain the benefit of certainty over their living arrangements whatever the rights or wrongs of their circumstances. The agreement, which is intended to be signed by all parties, provides for a bound register to be kept by the owner identifying each resident by name and address of their caravan. This will be open to inspection by the Council. The owner will notify the Council of any cessation of residence and upon such occurrence the occupation of the caravan will become subject to compliance with holiday restrictions. (Such restrictions would normally be attached to a planning permission by means of conditions but in this instance would be covered by the agreement). The proposed agreement acknowledges that there are instances when a caravan may need to be replaced for example, fire, flood and storm damage and the like. In these instances the original named resident(s) would be permitted to replace the caravan and continue permanent occupation. The empty and vacant plots at numbers 40 and 42 are required by the agreement to be occupied on a restricted holiday occupancy basis only. The agreement also restricts the application site to having no more than 16 caravans. Finally the site will only be advertised or promoted as being for holiday use only. At some point the site will start to revert to holiday use and that will remain an ongoing process until the last of the residents the subject of the proposed agreement no longer resides on the site. In essence, the site will over a period have a dual use of part residential and part holiday with the emphasis gradually moving to the latter as the residential use decreases. 3.8.21 It is therefore recommended that planning permission be granted subject to the proposed Section 106 Agreement. 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 Local Plan (retained policies) HS1 - Allocations for Residential Development. HS6 - Affordable Housing for Housing Needs. NE1 - Development in the countryside. TM1 - Tourism developments - general. TM2 - Small scale tourism development.
10 Agenda Item 7 (e) REPORTS FOR DEBATE Regional Spatial Strategy DP1 - Sustainable principles. CNL1 - Overall spatial strategy for Cumbria. RDF2 - Rural areas, key service centres, local service centres, outside key and local service centres. 5. Implications 5.1 Legal 5.1.1 The legal implications are included in the body of the report. Account should be taken of the particular circumstances of the individual residents at Greenhollows and it may be determined that the material issues are such that they outweigh the provisions of the development plan. Whilst members may be mindful of other sites where there may be residential use of caravans which should be used solely for holiday purposes each case should be considered and decided on its own merits. The section 106 agreement would enable some regulation to be applied to the site and its use which should avoid any recurrence of these circumstances. 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 Members will wish to have regard to the age and medical circumstances of the residents in deciding what action to take. 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 Environmental issues are referred to in the body of the 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.
11 Agenda Item 7 (e) REPORTS FOR DEBATE 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. There are no children resident on this part of the site. 5.7 Risk Management 5.7.1 Approval of the application and the Section 106 Agreement could have implications for the Council‟s consideration of similar matters in respect of enforcement issues appertaining to such unauthorised activity on sites intended for tourist only development. Each case should be treated on its merits and an appropriate decision taken taking account of all relevant circumstances. 6. Reasons for decision/recommendation 6.1 The site is considered to be in compliance with the aims of Eden Local Plan saved tourism policies and is therefore acceptable for holiday use. However, the use of the site for permanent occupancy is contrary to the aims of the Eden Local Plan saved housing policies, the Council‟s emerging Core Strategy and the Regional Spatial Strategy for the North West. However the vulnerable personal circumstances of existing residents and the proposed section 106 agreement which seeks to restore holiday use at the application site are considered to be an exception against the planning objections identified. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Planning enforcement file Ref: 04/5025, Enforcement File is not available for public inspection. Contact Officers: Malcolm Johnson, Adam McNally Telephone Number: (01768) 212446
12 Agenda Item 7 (e) REPORTS FOR DEBATE Appendix - Second and Third Schedules of proposed S106 Agreement. SECOND SCHEDULE The Owner covenants with the Council as follows: 1. From the date of this Deed the Owner shall keep and maintain at all times a bound register with consecutively numbered pages containing the name of each occupant of any of the caravans located on the site and the address of the caravan in which he/she resides and the commencement end date and type of the letting in each case and shall make such register available for inspection by the Council upon the Council giving to the Owner not less than 24 hours notice of such inspection unless a lesser period is agreed by the Owner 2. If any Resident ceases to occupy his or her caravan for the purposes of Residential Occupation the Owner shall within five days of such occurrence send written notice of that fact to the Council and such notice shall contain the name of the Resident the address of the caravan and the name of any new tenant occupying that caravan for restricted occupation. 3. No caravan on the Site shall be occupied for the purposes of Residential Occupation unless it is occupied by at least one Resident or the Council has given its prior written consent. 4. Upon any caravan on the Site ceasing to be occupied by at least one Resident for the purposes of Residential Occupation such caravan shall henceforth be occupied only for the purposes of Restricted Occupation and subject to the Restricted Occupation conditions set out in paragraph 5 below. 5. The Restricted Occupation conditions shall be as follows: a. The caravan shall be used for holiday use and occupation only and shall not be used for any other purpose. b. The caravan shall not be used at any time as the sole or principal residence by any person. 6. Should any caravan in Residential Occupation require replacement it may be replaced by a Resident and any Resident in occupation may move into Residential Occupation of the replacement, and the provisions of this Agreement shall apply to that replacement caravan. 7. All advertisements or promotional material referring to the Site shall state that the Site is available for holiday use only. 8. Any other sign at the entrance to the site shall indicate that the site is available for holiday use. 9. Any caravan to be sited on either plot 40 or 42 as identified on plan 2 shall be used for restricted occupation only. 10. No more than sixteen caravans will be located on the site.
13 Agenda Item 7 (e) REPORTS FOR DEBATE THIRD SCHEDULE The Residents jointly and severally covenant with the Council as follows: 1. No caravan on the Site shall be occupied for the purposes of Residential Occupation unless it is occupied by at least one Resident or the Council has given its prior written consent. 2. Upon any caravan on the Site ceasing to be occupied by at least one Resident for the purposes of Residential Occupation such caravan shall henceforth be occupied only for the purposes of the Restricted Occupation and subject to the Restricted Occupation conditions set out in paragraph 3 below. 3. The Restricted Occupation conditions shall be as follows: a. The caravan shall be used for holiday use and occupation only and shall not be used for any other purpose. b. The caravan shall not be used at any time as their sole or principal residence by any person. 4. Should any caravan in Residential Occupation require replacement it may be replaced by a Resident and any Resident in occupation thereof may move into residential occupation of that replacement, and the provisions of this Agreement shall apply to that replacement caravan.
14 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 2 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0189 Redevelopment of Blencow Quarry processing area as a business park for B1, B2 and B8 development providing 9800m² of floorspace Blencow Quarry, Newbiggin, Penrith
Director of Technical Services Site Plan:
15 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as it is of a major nature and an objector has requested to speak at Committee. 2 Recommendation:
It is recommended that the application be granted subject to the applicants entering into a Section 106 Agreement with the Council in relation to highway/transport issues and to the following conditions: 1. The development permitted shall be begun before either the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of reserved matters to be approved, whichever is the later. 2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. Approval of the details of the siting, design, and external materials of the building(s), means of access thereto and the landscaping of the site (called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. 4. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing no‟s 08/05/621 - 01a, E2048/06/A and „Application plan‟ received 18 March 2009, and 010 and 12 received via email 3 July 2009) and shall not be varied other than by prior agreement in writing by the Local Planning Authority. 5. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1) A report to supplement the preliminary assessment which has identified: geology and hydrogeology extent of infill/made ground and potential contaminants associated with infill or made ground a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full
16 Agenda Item 7 (e) REPORTS FOR DEBATE details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved. 6. The development hereby permitted shall not be commenced until such time as a scheme to: i. dispose of foul drainage; ii. dispose of surface water; iii. install oil and petrol separators; iv. install trapped gullies; v. ensure roof drainage is sealed at ground level has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved. 7. Details of any external lighting of the site shall be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of the development. This information shall include a layout plan with beam orientation and a schedule of equipment used in the design (luminaire type, mounting height, aiming angles, luminaire profiles and hours of operation). The lighting shall be installed, maintained and operating in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation. 8. This permission grants consent for the use of the land for Class B1, B2 and B8 uses as defined in the Town and Country Planning Use Classes Order 1990 and for no other use groups. 9. Prior to the submission of any application for the approval of reserved matters a design brief for the development of the land shall be agreed in consultation with the Local Planning Authority. Any application for approval of reserved matters shall accord with the terms of that brief. 10. The level of noise emitted from the site shall not exceed the current background level of 39.9dB measured as an LA90,1hr on the western edge of the business park site boundary. 11. Notwithstanding the details submitted with the application, a scheme illustrating the provision of bat and bird boxes shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of development. The development shall be carried out in accordance with the approval details and the bat/bird boxes shall be permanently retained. 12. No development shall take place until full details of both hard and soft
17 Agenda Item 7 (e) REPORTS FOR DEBATE landscaping works, including: i. a phased programme of works, ii. details of any boundary treatment and, iii. details of the materials and other associated matters in relation to the footpath to link to Tymparon Close have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved or in accordance with the programme agreed by the Local Planning Authority. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season. 13. The approved landscaping scheme shall be carried out within 6 months of the date of the first occupation of any building or completion of the development whichever is the sooner unless otherwise agreed in writing by the Local Planning Authority; any trees or plants/grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species and quality, unless the Local Planning Authority gives written consent to any variation. 14. The carriageway, footways, footpaths, etc shall be designed, constructed, drained and lit to the satisfaction of the Local Planning Authority, in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. Any works so approved shall be constructed before the development is complete. 15. Within 6 months of the development or any part thereof opening for business, the developer shall prepare and submit to the Local Planning Authority for their approval a Travel Plan which shall identify the measures that will be undertaken by the developer to encourage the achievement of a modal shift away from the use of private cars to visit the development to sustainable transport modes. The measures identified in the approved Travel Plan shall be implemented by the developer within 12 months of the development (or any part thereof) opening for business.
An annual report reviewing the effectiveness of the Travel Plan and including any necessary amendments or measures shall be prepared by the developer/ occupier and submitted to the Local Planning Authority for approval. Reasons: 1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 2. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 3. The application is in outline form only and is not accompanied by full detailed
18 Agenda Item 7 (e) REPORTS FOR DEBATE plans. 4. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 5. To protect human health and the environment. 6. To prevent pollution of controlled waters from the multi-occupancy site. 7. To ensure the local area is protected from potential light pollution. 8. To accord with the Local Plan and for the avoidance of doubt. 9. To ensure that the range and quality of development is appropriate to the locality. 10. To protect the amenity of the surrounding area. 11. To protect the interests of biodiversity. 12. To ensure that the development is landscaped in the interest of the visual character and appearance of the area. 13. To ensure the satisfactory appearance of the site in the interests of visual amenity. 14. In the interests of highway safety. 15. To aid in the delivery of sustainable transport objectives. 16. To aid in the delivery of sustainable transport objectives. Informatives: Surface water from yard storage areas, vehicle wash areas, loading and unloading areas and any other areas likely to be contaminated by spillage should be connected to the foul sewer. The formal consent of United Utilities will be required. In the absence of a sewerage system, such drainage must go to a tank(s) with no discharge to a watercourse. Where it is proposed to store more than 200 litres of any type of oil on site it must be stored in accordance with the Control of Pollution (Oil Storage) England Regulations 2001. Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the total capacity of all oil stored.
3 Report Details 3.1 Proposed Development: 3.1.1 This proposal relates to the redevelopment of 3.259 hectares of land at the former quarry processing area (adjacent to and contiguous with the former quarry). PD Edenhall have a long lease on land falling outside the application site and their operations are unaffected by these proposals and their activity is, as far as is known, likely to remain on site. All other current occupiers are under short term tenancy arrangements and will be vacated to enable redevelopment to occur. All structures are to be demolished with the provision of a new internal access road and division of available land into 11 plots ranging in size from 0.12 hectares to 0.37 hectares.
19 Agenda Item 7 (e) REPORTS FOR DEBATE Intended uses would be B1, B2 and B8 activities; these being business uses, general industry, and storage and distribution uses respectively. Based upon experience at North Lakes Business Park (which the applicants have developed), the applicants would expect this development to provide a net development area of 2.27 hectares and 9,800m² of floorspace. Again, using the North Lakes Business Park experience, the applicants estimate that the proposed business park could provide in the region of 200 to 350 jobs depending on end users. Plots would be sold or leased as required. 3.2 Description of the Site and the Surroundings: 3.2.1 The application site is the former processing area associated with the currently dormant Blencow Quarry on the outskirts of Newbiggin. The entrance to it lies approximately 500 metres north of the junction of the Newbiggin/Flusco road and 600 metres south of the Clickham junction of the Penrith/Greystoke road. The site is 3.259 hectares and does not include the PD Edenhall site. The area currently houses a number of buildings which will be demolished as part of the development. The boundary of the application site is approximately 90 metres from the nearest residential property. Access to the site will be via an existing road to the quarry. This meets the public highway on the Newbiggin to Clickham road. The junction with the public highway will be upgraded as part of the development. The land to the immediate west of the application site is the subject of a planning application (ref 09/0190) for the change of use to a holiday home development comprising the siting of 172 static holiday caravans/lodges together with a reception/office including warden‟s accommodation, a small laundry and shop, and a children‟s play area. 3.3 Relevant Planning History: 3.3.1 08/0731 - Outline application for the redevelopment of Blencow Quarry processing area as a Business Park for B1, B2 and B8 development - Withdrawn on 9 December 2008 to enable the applicants to undertake additional survey work and for the conclusion of outstanding consultation and negotiation with key regulatory bodies. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of immediate neighbour notification letter (33 sent out) and site and press notices posted - two letters of objection (one attached to report) were received which can be summarised as: Impact of increased traffic flows on village amenity. The Highways Agency guidance indicates access roads should be at least 10 metres wide, including footways. The road and the road through Newbiggin are, at best, 6 metres wide and there are no footways in many places. Policy EM3 of the Eden Local Plan indicates that no development should begin on the proposed site for local employment allocation at Newbiggin until a 7.5 tonne MGW prohibition had been introduced through the village. Capacity of the sewage system - It is clear that no assessment has been made at the location in Newbiggin where the problems with current capacity actually exist. The development will spoil the surrounding environment.
20 Agenda Item 7 (e) REPORTS FOR DEBATE Protected animals will be disturbed. Employment increase will be minimal over the short term - landscaping only. Employment increase will be minimal over the long term - with only maintenance of the grounds. There are adequate facilities of this kind in the area, this scheme would put other businesses at risk. The site is designated for quarrying use and this should be maintained as this. Our village is small and with this development would more than double in size with no local contribution to services whatsoever. This natural landscape should be preserved for the local wildlife. 3.5 Parish Response: 3.5.1 Development of the Business Park will further increase traffic and as this can hardly be refused a weight limit for lorries through Newbiggin should be imposed. 3.6 Consultation Responses: 3.6.1 County Archaeologist No comments or observations CPRE: Whilst the processing area can be regarded as a brownfield site, in locational terms its sustainability is questionable. The adopted North West RSS seeks to ensure that development is located so as to minimise the need to travel. A business park development of the scale proposed does not adhere to the framework adopted by the RSS, reflected in the emerging Eden Core Strategy, which seeks to locate development of this nature in Key Service Centres. Environmental Health (Contaminated Land): Supports the inclusion of the condition recommended by the Environment Agency in relation to the environmental setting and former activities and uses of the site subject to minor amendments to the wording. Environment Agency: No objections in relation to foul drainage and flood risk. Providing the mitigation, habitat enhancement and creation described in the Ecological Impact Assessment are carried out no objections raised in relation to biodiversity. Recommend a condition is imposed requesting the need for an appropriate contaminated land desk study as further information is required to supplement the report provided with the application submission. Highways Authority: Further to detailed discussions between the Highways Authority and the applicant, the Highways Authority has advised that:
21 Agenda Item 7 (e) REPORTS FOR DEBATE the figures in the Transport Assessment demonstrate that there will be a 32% increase in traffic utilising the Clickham Inn junction during peak hours in 2010 as a result of the proposed business park. It is therefore considered appropriate that a contribution of £6400 is secured via a Section 106 Agreement in respect of this development to be utilised on safety improvements at the junction; the internal site access roads, where outside the highway, should be designed and constructed to the satisfaction of the Local Planning Authority if it is intended that they remain private; any pedestrian route intended to serve the business park will need to be bound and lit; it is preferable for the footway provision at the entrance to the site to be on the southern side of the access road as opposed to the northern; a contribution of £5000 is secured through a Section 106 Agreement for the provision of new advance signing on the eastbound approach to the Flusco road junction, the upgrading of the existing road markings at this junction, and funding for the advertising for a Traffic Regulation Order within the village of Newbiggin; a contribution of £6125 towards the monitoring, reviewing and advice to be undertaken and provided by the County Council‟s Travel Plan Co-ordinator for a five year period. Highways Agency: No objection Natural England: Concerns with the number of bat/bird boxes to be erected on site. Considers there to be the potential to incorporate biodiversity provision into each new build or at least erect a variety of box designs on a much wider scale across the site. United Utilities: No objection in principle. 3.7 Main Planning Issues Raised: Principle of proposed development in this location Impact on character and appearance of the area Impact on amenity of neighbouring properties/uses Highway safety and transport issues Impact of development on biodiversity Surface water and foul drainage issues
22 Agenda Item 7 (e) REPORTS FOR DEBATE
3.8 Planning Assessment: Principle of development The site as proposed is allocated for employment use within the Eden Local Plan. Policy EM3 of the Local Plan states that „uses within classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order will be permitted where the development is considered acceptable against the criteria set out in EM5.‟ Policy EM5 states that allocated sites will be judged against the following criteria: i) the effect of the proposal on the amenity interests of any nearby users or local residents; ii) the provision of parking and servicing space to a satisfactory standard; iii) the suitability of the access to the primary highway network for the particular requirements of the proposed developments; iv) the standard of design, materials, landscaping, and boundary treatment which it is proposed to use, in relation to the site’s locality; v) the impact on the local built form, landscape and nature conservation interests. The supporting text of the policy allocating the site states that „No development will be allowed to commence at the Newbiggin site until a prohibition has been introduced on the passage of vehicles over 7.5 tonnes maximum gross weight through the village of Newbiggin, except for access.‟ Policy EM8 of the Local Plan further supports the redevelopment of the quarry processing area by advocating the re-use of industrial or commercial sites for employment generating development. Impact on character and appearance of the area The application site is the former processing area of the quarry. The site is currently home to a number of companies located within existing buildings sited close to the entrance to the proposed business park. The site is also home to the PD Edenhall brickwork plant which to the south east of the site, but is not the subject of this application. The site currently has an industrial feel to it with the brick works and existing buildings within the site visible from the Newbiggin/Clickham road. Policy EM5 of the Eden Local Plan discusses the appropriateness of the standard of design, materials, landscaping, and boundary treatment which is proposed to be used, in relation to the site‟s locality. As the application is only in outline, issues such as these are to be discussed at a later stage. It is recommended however that a condition be attached to any notice of approval requiring a design brief to be submitted for the site prior to any applications for reserved matters approval. The design brief would set out a vision for the site and would establish some design principles, along with an indication as to building heights and proposed materials to ensure a satisfactory form of development and ensure the buildings proposed harmonise with their surroundings. The brief would be drawn up by the developer in consultation with the Local Planning Authority.
23 Agenda Item 7 (e) REPORTS FOR DEBATE With regards to landscape impact, it is proposed that a landscape/bund is built between the proposed business park and the proposed holiday park on the adjacent quarry site. This will protect the holiday park users from both potential noise and the visual impact of industrial units and their associated activities. It is recommended that details are submitted identifying any proposed soft and hard landscaping to be introduced, including the boundary treatments and details of the materials and other associated matters in relation to the footpath to link to Tymparon Close. The submission of these details will allow the Local Planning Authority to ensure a satisfactory form of development which is well landscaped and visually attractive. Impact on amenity of neighbouring properties/uses No comments have been made on this application by the Council‟s Environmental Health (Environmental Protection) department, however following detailed discussions with the applicant‟s noise consultant, it was recommended that conditions were imposed on any grant on permission with regards to the previous application limiting the operating hours of the site and potential noise from the proposed users of the site. No changes to the proposed uses of the sites have been made and it is therefore considered that the comments made previously are still applicable to the application currently under consideration. It is however considered that a limit on the operating hours of the site as recommended is not necessary. A noise limiting condition is considered to be satisfactory to control the impact of the proposed development on nearby residents and users. Highway safety and transport issues As with the majority of areas within Eden, alternative methods of travelling to work other than by private car are limited. Newbiggin is served by limited public transport and the majority of people likely to work at the proposed business park will probably live more than a reasonable walking distance to the site. It is recommended that a condition requiring the applicants to produce a Travel Plan within 6 months of the development or any part thereof opening for business, and for the approved plan to be implemented within 12 months of the development opening for business is necessary to try to encourage a modal shift away from the use of private cars to sustainable transport modes. The Travel Plan will then be annually reviewed and if required amended. The aim of the Travel Plan will be to increase staff awareness of the advantages and potential for travel by more environmentally-friendly modes; and to introduce a package of physical and management measures, where appropriate, that will assist travel by modes other than the single occupancy private car (for example providing secure cycle parking, changing and locker facilities, and the promotion of a staff car-sharing scheme). The Highways Authority has recommended that a financial contribution be sought from the applicants in relation to the monitoring and reviewing of the site Travel Plan to be undertaken by the County Council‟s Travel Plan Co-ordinator. The applicants have suggested that there is no justification nor benefit in paying this contribution towards the role of the County Council‟s own Travel Plan Co-ordinator if the role is already being undertaken by a co-ordinator employed by the developer, and this position is supported by the Local Planning Authority who can see no policy or mechanism to require such a contribution by the applicants other than there being limited reference to it within national good practice guidance. The applicants have agreed to enter into a Section 106 Agreement which will ensure that a contribution of £6,400 is paid towards the realignment of a section of hedge at the Clickham Inn junction, a contribution of £5,000 towards a Traffic Regulation Order
24 Agenda Item 7 (e) REPORTS FOR DEBATE for various measures including implementing a 30mph speed restriction through Newbiggin, and providing a footpath link between the business park/holiday park and the existing footpath in Newbiggin at Tymparon Close. No objections have been made to the internal layout of the business park subject to a condition requiring the roads and footpaths to be constructed and drained to the satisfaction of the Local Planning Authority. Together with the financial contributions recommended to be secured by a Section 106 Agreement, it is also recommended that the provision of a section of footpath between the footpath link to the business/holiday park and Tymparon Close is undertaken, along with highway works at the entrance to the site which is on land outside the control of the applicants. Impact of development on biodiversity It is not considered that the development as proposed will have a significant impact on biodiversity and ecology. The site is currently and has previously been used for industrial purposes, and the use proposed will essentially be no different. Natural England has indicated that more could be done by the applicants to provide biodiversity measures within the development. However, as pointed out by the applicants, it is difficult at outline planning stage to identify the location of any proposed bat/bird boxes given that the design of individual buildings will be dealt with at a later stage. It is therefore recommended that a condition be attached to any notice of approval requiring a scheme illustrating the provision of bat and bird boxes to be agreed in writing by the Local Planning Authority prior to commencement of development. Surface water and foul drainage issues With regard to surface water drainage, it is proposed that surface water will be drained to the existing body of open water within the quarry working on site with surface water from the estate road being drained to the existing drainage system. Neither the Environment Agency nor United Utilities have raised any objections to the application. With regard to foul drainage, both the Environment Agency and United Utilities have again confirmed that they have no objections to the application. The application states that „foul drainage will be to a private treatment works with a controlled release of final effluent to the existing main connection available close to the site entrance.‟ Notwithstanding the above, it is recommended that a condition be imposed on the applicants requiring a scheme detailing the disposal of foul drainage and surface water to be submitted in accordance with advice from the Environment Agency to prevent the pollution of controlled water. Conclusion In conclusion, it is considered that the change of use of the site from a quarry processing area to a business park for B1, B2 and B8 uses is acceptable in this location. The site which is allocated within the local plan for employment use is currently and has previously been used for commercial/industrial uses. Although the site is not well served by public transport, it is considered that the requirement of a site Travel Plan will address the requirement to make the site accessible by public
25 Agenda Item 7 (e) REPORTS FOR DEBATE transport. The applicants have agreed to enter into a Section 106 Agreement to make a financial contribution towards various highway improvements both within the village of Newbiggin and at the Clickham Inn junction. The redevelopment of the site would provide for additional employment generating development in the area which with the conditions discussed above could provide a significant visual improvement to the locality. 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 Policies: 4.2.1 Eden Local Plan (Saved Policies) NE1: Development in the Countryside BE19: Quality of Design EM3: Local Employment Site Allocation EM5: Development on Allocated Sites EM8: Re-use of Industrial or Commercial Sites Cumbria and Lake District Joint Structure Plan (Saved Policies) ST4: Major Development Proposals EM13: Employment Land Provision T30: Transport Assessments T31: Travel Plans E37: Areas and features of nature conservation interest other than those of national and international conservation importance Regional Spatial Strategy DP1: Spatial Principles DP8: Mainstreaming Rural Issues RDF2: Rural Areas W1: Strengthening the Regional Economy CNL1: Overall Spatial Policy for Cumbria
26 Agenda Item 7 (e) REPORTS FOR DEBATE CNL2: Sub-area Development Priorities for Cumbria National Guidance Planning Policy Guidance 4: Industrial, commercial development and small firms Planning Policy Statement 7: Sustainable Development in Rural Areas Planning Policy Statement 9: Biodiversity and Geological Conservation Planning Policy Guidance 13: Transport 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 Childrens Act, 2004. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for decision/recommendation
27 Agenda Item 7 (e) REPORTS FOR DEBATE 6.1 The change of use of the site from a quarry processing area to a business park for B1, B2 and B8 development is considered to be acceptable in this location and comply with the relevant local and national planning policies and guidance. The site which is allocated within the local plan for employment use is currently and has previously been used for commercial/industrial uses. Although the site is not well served by public transport, it is considered that the requirement of a site Travel Plan will address the requirement to make the site accessible by public transport. The applicants have agreed to enter into a Section 106 Agreement to make a financial contribution towards various highway improvements both within the village of Newbiggin and at the Clickham Inn junction. The redevelopment of the site would provide for additional employment generating development in the area which with relevant conditions could provide a significant visual improvement to the locality. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Aimee Richardson Telephone Number: (01768) 212486
28 Agenda Item 7 (e) REPORTS FOR DEBATE
29 Agenda Item 7 (e) REPORTS FOR DEBATE
30 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 3 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0190 Change of use to holiday park comprising 172 caravans/lodges with ancillary buildings and landscaping works Blencow Quarry, Newbiggin, Penrith Director of Technical Services Site Plan:
31 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as it is of a major nature, an objector has requested to speak at Committee, and the officer recommendation is contrary to the view of Cumbria County Council. 2 Recommendation:
It is recommended that the application be granted subject to the applicants entering into a Section 106 Agreement with the Council in relation to highway safety issues and to the following conditions:
1. The development permitted shall be begun before the expiration of three years from the date of this permission;
2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing nos: E2048/07/A, RC.030209, E2048/06/A and Application plan received 18 March 2009, drawing nos: 11 and H001 received 25 June 2009, and drawing nos: 1 and 2 received 26 June 2009) and shall not be varied other than by prior agreement in writing by the Local Planning Authority;
3. The development hereby approved shall be used for holiday accommodation only and for no other purpose (including Class C of the Schedule to the Town and Country Planning (Use Classes) Order 2005 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification;
4. The caravans/lodges (excluding the lodge identified as wardens‟ accommodation on drawing no: E2048/07A received by the Local Planning Authority on 18 March 2009) shall not be used at any time as sole and principle residencies by any occupants;
5. A register of all occupants of the accommodation hereby approved shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. The register shall contain the name and address of the owner/occupier together with the dates of occupation;
6. The occupation of the lodge identified as „Warden‟ on drawing number E2048/07/A received by the Local Planning Authority on 18 March 2009 shall be limited to the warden of the holiday park, or any subsequent business title under which the holiday park may operate, or a dependant of such a person residing with him or her, or a widow or widower of such a person. If at any time the holiday park ceases to be operational the lodge shall be removed from the site within a period of one year from the cessation of the holiday park. The Local Planning Authority shall be notified in writing by the owner of the holiday park of the date when the holiday park ceases to be operational;
7. Prior to commencement of development details of the materials and colour of the proposed caravans/lodges shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and the caravans/lodges shall
32 Agenda Item 7 (e) REPORTS FOR DEBATE thereafter be maintained in the approved colours;
8. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1) A report to supplement the preliminary assessment which has identified:
geology and hydrogeology
extent of infill / made ground and potential contaminants associated with infill or made ground
a conceptual model of the site indicating sources, pathways and receptors
potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.
9. The development hereby permitted shall not be commenced until such time as a scheme to
dispose of foul drainage;
dispose of surface water; has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.
33 Agenda Item 7 (e) REPORTS FOR DEBATE
10. The development shall not commence until visibility splays providing clear visibility of 4.5 metres by 215 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.
11. The carriageways, footways, footpaths etc shall be designed, constructed, and drained to the satisfaction of the Local Planning Authority and in this respect, further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. Any works so approved shall be constructed before the development is complete.
12. The development shall be carried out in strict accordance with the ecological report and supplementary information submitted with the application, including:
i) the population of great crested newts shall not be moved to the fenced area of retained habitat prior to the creation of the pond on the compensation land to the south;
ii) the retention of the strip of land to the north of pond 2 and the creation of additional habitat down the eastern side of this pond (as shown on drawing nos: 1 and 2 received on 26 June 2009);
iii) the erection of pig wire fences designed to exclude people and dogs around both great crested newt breeding ponds (specifically ponds 1 and 3 as identified on drawing nos: 1 and 2 received on 26 June 2009) and around the new pond to be created in the compensation area. Development shall be carried out in strict accordance with these details unless alternative measures are agreed by the Local Planning Authority in consultation with Natural England, and shall be retained thereafter while the site is in use.
13. Notwithstanding the details submitted with the application, a scheme illustrating the provision of bat and bird boxes shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of development. The development shall be carried out in accordance with the approval details and the bat/bird boxes shall be permanently retained.
14. No development shall take place until full details of both hard and soft landscaping works both within the site and adjacent to the access road, including a phased programme of works, have been submitted to and approved
34 Agenda Item 7 (e) REPORTS FOR DEBATE in writing by the Local Planning Authority and these works shall be carried out as approved or in accordance with the programme agreed by the Local Planning Authority. The phased programme of works should indicate elements of landscaping that should be undertaken prior to commencement of works. The approved landscaping scheme shall be completed within 6 months of the date of the first occupation of any building or completion of the development whichever is the sooner unless otherwise agreed in writing by the Local Planning Authority. Any trees or plants/grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species and quality, unless the Local Planning Authority gives written consent to any variation.
15. Details of any external lighting of the site shall be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of the development. This information shall include a layout plan with beam orientation and a schedule of equipment used in the design (luminaire type, mounting height, aiming angles, luminaire profiles and hours of operation). The lighting shall be installed, maintained and operating in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation.
16. Prior to the commencement of development, the developer shall prepare and submit to the Local Planning Authority for their approval a Travel Plan which shall identify the measures that will be undertaken by the developer to encourage the achievement of a modal shift away from the use of private cars to visit the development to sustainable transport modes. Measures identified in the approved Travel Plan relating to the construction phase of the development shall be implemented by the developer prior to commencement of the development, with the remaining elements implemented prior to the development being brought into use, unless an alternative is agreed in writing by the Local Planning Authority.
17. An annual report reviewing the effectiveness of the Travel Plan and including any necessary amendments or measures shall be prepared by the developer/occupier and submitted to the Local Planning Authority for approval
18. No gardens, garden fences, walls or means of enclosures shall be permitted adjacent to the chalet/caravans, excluding the caravan/chalet marked as wardens‟ accommodation, unless otherwise agreed in writing by the Local Planning Authority 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 any ambiguity as to what constitutes the permission
3. To ensure that the holiday units remain for holiday purposes only and to safeguard against their falling into a residential use which without exceptional
35 Agenda Item 7 (e) REPORTS FOR DEBATE justification would be contrary to the Council‟s current planning policies
4. To ensure that the holiday units remain for holiday purposes only and to safeguard against their falling into a residential use which without exceptional justification would be contrary to the Council‟s current planning policies
5. To ensure that the holiday units remain for holiday purposes only and to safeguard against their falling into a residential use which without exceptional justification would be contrary to the Council‟s current planning policies
6. The site lies in an area where permission for development unrelated to the essential needs of the holiday park would be contrary to the policies of the Local Planning Authority
7. In the interest of the character of the site and the area as a whole
8. To protect human health and the environment
9. To prevent the increased risk of flooding and to ensure a satisfactory means of surface water and foul drainage disposal
10. In the interests of highway safety
11. To ensure a minimum standard of construction in the interests of highway safety
12. To safeguard wildlife in the interests of nature conservation
13. To safeguard wildlife in the interests of nature conservation
14. In the interests of protecting the amenity of the area
15. To ensure the local area is protected from potential light pollution
16. To aid in the delivery of sustainable transport objectives
17. To aid in the delivery of sustainable transport objectives
18. To maintain an open aspect and rural feel to the development Informatives:
If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from the Environment Agency. They are unable to specify what exactly would be required if anything, due to the limited amount of information provided with the application. If the applicant wishes more specific advice they should contact the Environment Agency‟s Environmental Management Team on 01768 215741 or refer to guidance on the Environment Agency‟s website at http://www.environment-agency.gov.uk/subjects/waste.
The applicant is advised that a European Protected Species development licence may be required from Natural England‟s Licensing Department, which may require additional requirements to be satisfied in relation to Great Crested Newts.
36 Agenda Item 7 (e) REPORTS FOR DEBATE 3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks full planning permission for the change of use of the currently dormant quarry area to a holiday home development comprising the siting of 172 twin and single unit static holiday caravans/lodges together with a reception/office including warden‟s accommodation (in a lodge), small laundry and shop and a play area on 13.8 hectares of land. Additional land is included in this application to provide mitigation land for loss of grassland habitat following detailed consultation with Natural England giving a total site area of 15.84 hectares. There will be an earth bund and landscaping scheme between the application site and the proposed employment site (ref: 09/0189) on the quarry‟s processing area. The caravans/lodges will be used for holiday purposes only. The proposed holiday homes will be of standard form of construction and in a colour according to the requirements of the Local Planning Authority. The units will offer 1 to 4 bed accommodation with bathrooms, lounge and small kitchen with external veranda. The warden‟s accommodation and ancillary facilities will utilise lodge type units built on brick piers (i.e. no foundations). There will be no gardens, garden fences or enclosures permitted adjacent to the chalet/caravans and any small mown areas will be open plan, thus maintaining an open aspect and rural feel to the development. The land to the immediate north east of the application site is the subject of a planning application (ref 09/0189) for the redevelopment of the quarry processing area as a business park for B1, B2 and B8 development. 3.2 Description of the Site and the Surroundings: 3.2.1 The application site is the currently dormant Blencow Quarry on the outskirts of Newbiggin. The site lies to the north of the village and is approximately 6km west of Penrith and the M6/A66 junction. The application site is approximately 15.84 hectares in extent. To the east of the application site lies the quarry‟s former processing area and brickworks. The quarry is no longer being worked. The minerals consent is temporary, expiring in 2020 and requires a scheme for the restoration of the land. No restoration scheme has ever been formally agreed or implemented. The quarry was developed over a number of years and resulted in areas of deep excavation. At the northern end of the site there is a very large excavation which is filled with water to form a lake. A former access track extends down to the waters edge. On the east side of the site adjoining the former quarry‟s processing area and adjoining field is a further smaller excavated area which contains a lesser volume of water. In the north west corner of the site there is a significant outcrop which forms a continuation of the main working area. Over the rest of the site are extensive areas of tipped material forming an uneven surface. The whole site slopes northwards from a high point in the south west down to a low point at the water surface of the large quarry. There has been a degree of re-vegetation of grasses and shrubs. The application site lies in an area of landscape that has been subject to change from past and current minerals and waste activities and small scale employment uses. In recent years there has been development of several medium scale tourist developments in the area, including static caravans and lodges. To the south of the
37 Agenda Item 7 (e) REPORTS FOR DEBATE secondary road which links Flusco and Newbiggin, there is a recycling centre and waste management site. The applicants propose a new access to serve the development. The proposed access will be via the existing gated private access and track off the secondary road which links Flusco and Newbiggin. This will be upgraded accordingly. The applicants are experienced in holiday/caravan park developments, and their Flusco Wood site (approximately 600 metres west of the proposed holiday park) has a 5star rating for Quality in Tourism under the Visit Britain Assessment Scheme, as well as a David Bellamy Gold Award for Conservation. 3.3 Relevant Planning History: 3.3.1 08/0774 - Outline application for holiday park facilities including wardens accommodation, on site reception and leisure facilities, laundry and boat house - Withdrawn - 9 December 2008 to enable the applicants to undertake additional survey work and for the conclusion of outstanding consultation and negotiation with key regulatory bodies. 08/0773 - Change of use to holiday park comprising 172 caravans/lodges - Withdrawn - 9 December 2008 to enable the applicants to undertake additional survey work and for the conclusion of outstanding consultation and negotiation with key regulatory bodies. There is a planning history on this site most particularly the planning permissions and related conditions in respect of mineral workings. Mineral workings ceased on this site some time ago although the permission is extant until 2020. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of immediate neighbour notification letter and site and press notices posted - three letters of objection (one attached) and three letters of observation were received which can be summarised as: Concern with the potential increase in traffic through Newbiggin Newbiggin is already used as a „cut-through‟ route by many motorists. Many drive far in excess of the existing 40mph speed limit Junctions at both ends of the village have safety issues, with speed of the vehicles on the A66 and a very dangerous „blind bend‟ on the B5288 Greystoke road There are already several caravan parks within the village and several businesses with their own fleet vehicles Road safety must surely be considered as a integral part of this application As there are less than 100 properties in the adjacent village of Newbiggin, this application for 172 units is a major commercially driven residential development that is inappropriate and will be harmful to the amenity and character of the surrounding area The tourism development will increase the number of residential units in the township of Newbiggin by 300%
38 Agenda Item 7 (e) REPORTS FOR DEBATE Residents in the low lying parts of Newbiggin already experience problems with backing-up or overflowing of the local sewage system at Howgate. The developer‟s flood risk assessment does not include the sewer where residents have experienced flooding. One objector has requested to have their objections heard before Committee. 3.5 Parish Response: 3.5.1 The Parish Council have no objection in principle to the development of holiday park facilities at Blencow Quarry but have these observations to make: The local roads near to the site are narrow, carry heavy traffic to the Waste Disposal Facility as well as farm traffic. They are very pedestrian unfriendly with no pavements. Traffic through Newbiggin will increase considerably with detriment to the village and road safety. The local sewage system is already at peak capacity and any further input would cause major problems. 3.6 Consultation Responses: 3.6.1 Highways Authority: Further to detailed discussions between the Highways Authority and the applicants, the Highways Authority has advised that: The development is not well served by public transport, however, as part of the site Travel Plan, a mini-bus or other suitable vehicle is to be provided to enable guests to be transported to and from the railway station at Penrith. It is considered that such provision addresses the requirement to make the site accessible by public transport A contribution of £6125 towards the monitoring, reviewing and advice to be undertaken and provided by the County Councils Travel Plan Co-ordinator for a five year period While the inclusion of the amended visibility splay is welcomed, it is considered that the access road will need to be widened at this location to enable vehicles to safely pass each other The proposed footpath and footway link is considered acceptable to serve the proposed development A contribution is not required for the Clickham Inn junction in respect of the proposed Raven Crag Holiday Park. Archaeologist: No comments or recommendations Environment Agency: No objections in relation to foul drainage and flood risk. Providing the mitigation, habitat enhancement and creation described in the Ecological Impact Assessment are carried out no objections raised in relation to biodiversity. Recommend a condition is imposed requesting the need for an appropriate contaminated land desk study as
39 Agenda Item 7 (e) REPORTS FOR DEBATE further information is required to supplement the report provided with the application submission. Highways Agency: No objection. Natural England: We recommend that the measures outlined in the Ecological Impact Assessment [as well as those discussed with the applicant‟s ecologist and detailed in Natural England‟s letter dated 17 July 2009] be attached as appropriately worded conditions to any planning permission. We recognise that the applicants have been helpful in building in additional measures and safeguards to retain a viable population of Great Crested Newts within the development footprint. It should be noted however that the applicants may have to satisfy additional requirements if and when a European Protected Species licence is applied for from Natural England‟s licensing department. It is recommended that Eden District Council carefully consider the potential overall ecological impacts this development may result in and how this sits within national and local planning policy. One of the key principles of Planning Policy Statement 9: Biodiversity and Geological Conservation, is to prevent harm to biodiversity as well as to look for opportunities to enhance biodiversity in and around developments. United Utilities: No objection to the proposal in principle. Environmental Health (Contaminated Land): Supports the inclusion of the condition recommended by the Environment Agency in relation to the environmental setting and former activities and uses of the site subject to minor amendments to the wording. Environmental Health (Food and, Health and Safety): No objections. Cumbria County Council (Spatial Planning): (full report attached) That an objection is raised to the proposal on the grounds that: The minerals consent is temporary, expiring in 2020 and requires a scheme for the restoration of the land. No restoration scheme has ever been formally agreed or implemented. By virtue of the fact that the minerals extraction consent requires a scheme for the restoration of the land, it is the County Council‟s view that the land subject of this application should be viewed as greenfield. In its current form, the scale of the proposal (of up to 172 caravans/lodges) fails to satisfy the sustainable locational criteria set out in the Cumbria Strategic Partnership‟s Sub Regional Spatial Strategy (Development Principles) in terms of its adverse landscape impact and poor accessibility by means other than the private car. Area and would cause harm to the local landscape character.
40 Agenda Item 7 (e) REPORTS FOR DEBATE Whilst the development would create jobs and help to create a more diverse economic base in a rural location the scale is such that these benefits would be enough to outweigh the adverse effects on landscape character and its relatively inaccessible location. Cumbria Wildlife Trust: The resubmitted application shows a greater regard for biodiversity than the previous application, however, the fact still remains that a site which is currently assessed as being of County level ecological importance will be developed and therefore lose its ecological integrity as a mosaic of habitats supporting great crested newts and a variety of birds. On the basis of damage to and loss of habitat of County Wildlife Site quality, decline in area and quality of breeding and feeding habitat for the ground nesting birds and wading bird populations on site and on loss of great crested newt breeding and terrestrial habitat, these applications do not meet adequate nature conservation standards, are contrary to national, regional and local policy and should be refused on the basis of loss of biodiversity and populations of protected species. 3.7 Main Planning Issues Raised: Suitability of location for use as a holiday park Impact on character and appearance of the area Impact on amenity of neighbouring properties/uses Highway safety and transport issues Impact of development on biodiversity Surface water and foul drainage issues 3.8 Planning Assessment: 3.8.1 Blencow Quarry is a currently dormant quarry on the outskirts of Newbiggin. The village is close to the A66 and approximately 6km west of Penrith, which provides access to the M6 motorway, train services on the west coast mainline and bus services to a number of surrounding towns and villages. The Department of Communities and Local Government “Good Practice Guide on Planning for Tourism” provides a guide for planners to understand the importance of tourism and to take this fully into account when preparing development plans and taking planning decisions, and to ensure that planners and the tourism industry work together effectively to facilitate, promote and deliver new tourism developments in a sustainable way. The guidance states “in the UK as a whole, the parks industry accounts for tourist spend of some £3.23 billion each year, accommodating some 22% of all holiday bed nights. The industry comprises holiday chalets, caravan holiday homes, pitches for touring caravans, moto-homes and tenting and all types of self-catering accommodation. Holiday parks are the largest provider of rural tourism bed spaces.” The guide goes on to discuss the key planning considerations for tourism developments, which are considered to be:
41 Agenda Item 7 (e) REPORTS FOR DEBATE Where the development is located and whether it is accessible by means other than just by private car. How they are designed and whether they are attractive to users and work well in functional terms. How they fit into their surroundings, and do they respect their environs and will they have a positive impact upon the landscape, the historical setting and upon ecology? The guide suggests that “new sites that are close to existing settlements and other services will generally be more sustainable as some local services may be accessed by means other than by car. Authorities should also consider how the proposal will affect tourism in the area, particularly in terms of its economic and environmental impacts.” With regards to sustainable development in rural areas, national guidance says that planners should carefully weigh the objective of providing adequate facilities and sites with the need to protect landscapes and environmentally sensitive sites. National guidance prioritises the re-use of previously developed land in preference to the development of greenfield sites, unless the brownfield sites are remote from settlements and services. With reference to biodiversity and geological conservation, national guidance supports the re-use of previously developed land as it reduces the amount of countryside and undeveloped land that needs to be used. It is acknowledged however that such sites have significant biodiversity or geological interest which should be retained and/or incorporated into any development of the site. In relation to transport issues, national guidance seeks measures to increase access to sites by sustainable transport modes as well as considering whether the development has a meaningful link with the particular location. The guidance does recognise however that in rural areas, the potential for using public transport and for non-recreational walking and cycling is more limited than in urban areas. Suitability of location for use as a holiday park The quarry which is currently dormant is located on the outskirts of the village of Newbiggin, approximately 4km from Stainton and 3.5km from Greystoke, which are allocated within the emerging Core Strategy as a Local Service Centres, and 6km west of Penrith. The site which has a planning history in respect of mineral workings is currently dormant and has been for some time. Cumbria County Council has advised that the site can not be described as „brownfield‟ as the mineral extraction consent requires a scheme for the restoration of the land, and as no restoration scheme has been formally agreed or implemented, the land should be viewed as greenfield. The applicants are arguing however that as the proposal constitutes a change from any required restoration scheme, it should be viewed as a separate planning application for the desired use. It should be noted that restoration schemes have previously been submitted to the County Council for their consideration, with no dialogues resulting. The term „brownfield‟ is one used to describe previously developed land and encompasses vacant or derelict land, infill sites, land occupied by redundant or unused buildings, or developed land within the settlement boundary where further
42 Agenda Item 7 (e) REPORTS FOR DEBATE intensification of use is considered acceptable. Visually, both internally and from the boundary of the site, remnants of past industrial use are clearly visible, with bunds of waste material (although covered to a certain extent by grass/plants) noticeably seen from public vantage points. Policy ST4 of the Cumbria and Lake District Joint Structure Plan, supported by longstanding Government advice, advises that major development proposals should not take place within the Lake District National Park unless there are no alternative sites available. The site which lies approximately 1.8km from the boundary of the Lake District National Park could help to absorb some of the pressure associated with tourism within the national park by reducing pressure on existing caravan/lodge sites, especially those close to Ullswater and Keswick. It is considered that the proposed change of use of the quarry site to a holiday park is acceptable in this location subject to the relevant holiday accommodation conditions to ensure that the units are used for holiday purposes only as permanent residential accommodation would not be acceptable in this location. Impact on character and appearance of the area The current local landscape has a legacy of past quarrying as well as current industrial uses combined with traditional farming landscape and settlements. The current industrial uses in the area (the recycling facilities opposite and the existing brickworks in the quarry processing area) mean a greater than normal number of vehicle movements in this area, particularly of heavy goods vehicles which gives the area a less tranquil character than might be expected of this landscape character type. A report was commissioned by the Local Planning Authority to provide an independent summary of the key landscape and visual impact issues raised by the development and the proposed landscape mitigation measures. The key points to come from this report are: 1. As the majority of the development will not be visible from the surrounding area it is considered that the increased movement (both vehicular and pedestrian/cyclists), potential noise and light pollution would have the most significant impact on the surrounding landscape character, however the relatively „busy‟ nature of this particular area of this landscape character type mean that this is unlikely to have any significant impact. 2. It may be necessary to start to consider cumulative impact of leisure developments of this nature in the area given the existing holiday lodge development in the woodland next to Flusco lodge. 3. The introduction of caravans/lodges into this landscape, particularly the proposals to the south and west of the site, while the landscape mitigation is maturing (or if it fails to be successful) would add an additional man made element to the landscape which would not be offset by any minor improvement to perceived „dereliction‟ 4. This landscape is not considered to be particularly sensitive to change however; the scale and nature of any proposed development would need to have a positive or relatively neutral effect to avoid further degradation of this landscape.
43 Agenda Item 7 (e) REPORTS FOR DEBATE 5. The greatest visual impact would be on residential receptors of Flusco Lodge and potentially the houses on the corner of the junction with the Newbiggin road. This impact will be due to the potential visibility of caravans and the office/reception buildings due to insufficient screening and the introduction of increased vehicle movements and pedestrians into the view with the possibility of light pollution having an impact at night. 6. Distant views are likely to be limited however this does depend on the selection of sympathetic material/colours for the caravans and buildings, shiny and/or light colours will be highly visible against the muted colour of the existing landscape. 7. People using the footpath from Flusco Lodge currently experience an agricultural landscape with the remnants of past industrial use which is gradually fading into the landscape, the views from the path are predominantly open toward the site there is a potential for a reduction in the visual amenity for users of the footpath. 8. Due to the nature of the roadside vegetation and the relative speed of road users passing the site in our judgement there will be minor visual impact on road users. Since this report was undertaken, there have been alterations to the south west boundary of the site incorporating approximately 2.04 hectares of additional landscaped mitigation land to provide grassland habitat for Great Crested Newts. Further, Cumbria County Council has commented in their response that they support the principle of the landscaping scheme and consider it to be necessary to integrate the development into the wider landscape. Their response goes on to say however that “it is considered that a development of the scale and density proposed would result in the over intensification of the site and a scheme that would not be compatible with the local landscape character. Although the boundary landscaping scheme would assist in integrating the development in the wider landscape and mitigate some adverse effects, it is considered that the high density of units and limited internal landscaping would not adequately mitigate adverse landscape character effects.” The applicants are proposing to undertake limited earthworks, the most significant of these being the relocation of the crest of existing bund on the southern side of the site. At the same time, relocated waste material from the site will be used to form earth bunds round the proposed new buildings and will link to the existing mounded areas in the upper part of the site. A further bund will separate the development from the proposed business park to the east. Within the main part of the site, earth moving will be limited to the provision of level areas for the caravan pitches and proposed site access roads. The landscaping bund around the majority of the site will limit the impact on the landscape, as well as reducing potential conflict (noise and visual) with the proposed business park. Although both Cumbria County Council and the independent report commissioned by the Council has raised issues with regards to the scale and density of the development, it is not considered that 172 caravans will lead to the over intensification of the site. The proposal here proposes 172 units on 15.84 hectares giving a density of 10.85 units per hectare, somewhat less than the applicants Flusco Wood site approximately 600 metres to the west. Advice from the Council‟s Environmental Health department advises that gross density should not exceed sixty caravans to the
44 Agenda Item 7 (e) REPORTS FOR DEBATE hectare, calculated on the basis of the usable area rather than the total site area. Deducting the area of the existing ponds onsite and the area set aside for grassland habitat, the likely density of the development will be approximately 20 units per hectare. It is considered that the site can adequately accommodate 172 units without significant adverse impact on the landscape. Significant landscaping measures have been put forward to minimise the impact on the landscape, namely the short distance views of the site from the residential properties within close proximity. It is recommended that various conditions are imposed on the applicants requiring further details and plans to be submitted and approved by the Local Planning Authority. Such information will include details on the proposed holiday lodges/caravans (i.e. colours/materials) and full details of both soft and hard landscaping works including a phased programme of works indicating the elements of landscaping to be completed prior to commencement of works within the „main‟ body of the application site. This will allow landscaping round the boundary of the site to establish prior to occupation of the first caravan/lodge to help to establish the landscaping scheme prior to the caravans/lodges being brought onto site and occupied. A condition is also recommended requiring details of the lighting to be submitted to minimise potential light pollution from the site. The proposed access road would mainly use an existing farm track that runs to the west of the site; however the final part of the track would need to be constructed to follow the line of an existing post and wire fence field boundary. The County Council has suggested that in order to minimise the impact of this final section of the access that new boundary hedge planting should also be implemented in this location. This element would be included in the landscaping scheme to be submitted as discussed above. Impact on amenity of neighbouring properties In terms of the impact of the proposed development on the amenity of neighbouring properties, it is not considered that the change of use of the land to provide a holiday park will have a significant adverse impact. The nearest residential property is approximately 120 metres from the site, and the area is currently characterised by industrial/commercial uses, with a number of caravan sites being on the outskirts of the village. In terms of the comings and goings to the site, realistically not all of the caravans are likely to be occupied at any one time. The caravans/lodges are proposed to be sold to private individuals who are likely to spend weekends, long weekends or a couple of weeks, for example, during the summer holidays at the site. There will be no set time to „check in‟ and holiday-makers will be free to come and go as they wish. This therefore means that it‟s unlikely that the occupiers of all 172 caravans are likely to arrive at a similar time, for instance between 5pm and 7pm on a Friday. With the conditions discussed above in relation to landscape impact, it is considered that there will be no significant adverse impact on the residents of the properties within close proximity. Contributions which are to be made in relation to planning application 09/0189 for the proposed business park (and which will be linked to this application) will significantly improve the longstanding highway safety concerns raised by local residents both within the village of Newbiggin and at the Clickham Inn junction.
45 Agenda Item 7 (e) REPORTS FOR DEBATE It is unlikely that the proposed use will give rise to significant levels of noise. There are currently a number of similar uses operating within the area and it is considered that any noise created by the proposed holiday park is unlikely to be above and beyond that currently created in association with the recycling centre and the brickworks, and taking into account the currently „busy‟ nature of the surrounding area. Although no letters of support were received in relation to the application currently under consideration, it should be noted that five letters of support were received from local residents in relation to the previously withdrawn application for the same proposal. The main themes of support raised were that visitors are unlikely to arrive and leave the site at the same time and unlikely to all travel in the same direction, once the scheme is fully implemented it can only lead to a vast improvement to the un-restored worked out quarry and derelict plant area which is currently a scar on the local landscape, the scheme will take away the potential of the quarry to re-open with all the environmental nuisance this may cause, the proposed use is a much better use of a former quarry than being used as a refuse tip, and the potential for a holiday park to help the economy within the village. Highway safety and transport issues As with the majority of areas within Eden, alternative methods of travelling around the district are limited. Newbiggin is served by limited public transport and the majority of people visiting the holiday facilities are likely to arrive by car. Notwithstanding this however, measures are proposed to be put in place by the applicants, where appropriate, to provide alternatives to the use of the private car. It is necessary to try to encourage a modal shift away from the use of private cars to sustainable transport modes. It is recommended that a condition requiring the applicants to produce a Travel Plan prior to commencement of development, and for the approved plan to be implemented prior to commencement of development. The Travel Plan will then be annually reviewed and if required amended. The principal purpose of the site Travel Plan will be to control construction traffic to use the most convenient and appropriate routes to and from the site, and to manage subsequent site traffic on the local road network to reduce private car usage and to offer alternatives to the use of the private car as far as possible, and to encourage and inform guests to use the most convenient and appropriate routes to and from the site to the principal tourist destinations and the principal road network. The Travel Plan will include such measures as: During the construction phase, all traffic movements involving any goods or delivery vehicle over 7.5 tonnes in weight (unladen) will be actively encouraged to route via the western A66 junction with the Flusco Road and not approach or leave the site by way of the roads of Newbiggin village itself. Upon opening of the development, the site travel plan shall include provision for: All advertising literature, including internet sites, will include suitable site location information emphasising the appropriate routing to and from the development The site operator will, in all advertising literature, including internet sites, emphasise the most suitable routes to and from the site to the principal tourist destinations.
46 Agenda Item 7 (e) REPORTS FOR DEBATE The site operator will arrange with the Highways Agency for the provision of suitable signage on the A66 truck road to direct traffic to the site by way of the most convenient route, avoiding where appropriate the roads of Newbiggin village itself A mini-bus or suitable vehicle will be provided to enable, upon demand with suitable notice, guests registered and booked at the site to be transported from the railway station at Penrith to the site and vice versa, to enable access by train. Such a service shall be advertised on all advertising literature produced by the site operator All servicing and refuse collection for the facility shall be combined with that at the adjacent Flusco Wood lodge development, as far as is practical, to minimise traffic movements associated with such functions The site operators will offer and promote a dedicated shared transport service for future staff who undertake regular duties such as servicing and site management/maintenance, to reduce the use of the private car as a means of regular travel to the site The site operators will investigate the possibility of offering a dedicated shuttle service for guests to a nearby public house on suitable evenings at weekends, to facilitate car-free journeys to and from such destinations The Highways Authority has recommended that a financial contribution be sought from the applicants in relation to the monitoring and reviewing of the site Travel Plan to be undertaken by the County Council‟s Travel Plan Co-ordinator. The applicants have suggested that there is no justification nor benefit in paying this contribution towards the role of the County Council‟s own Travel Plan Co-ordinator if the role is already being undertaken by a co-ordinator employed by the developer, and this position is supported by the Local Planning Authority who can see no policy or mechanism to require such a contribution by the applicants other than there being limited reference to it within national good practice guidance. Together with the measures proposed within the site Travel Plan, it is proposed that a footpath will be created from the holiday park by way of adjoining land to the village of Newbiggin. It will join the existing footway on the main village road which extends from the village centre northwards to serve the cul-de-sac of Tymparon Close. The existing path will be extended, within the highway and in accordance with the highway construction standards of the local highway authority, to meet the new pedestrian path created across the field to serve the holiday park. It is recommended that the Council enters into a Section 106 Agreement with the applicants to provide works within the highway in connection with the visibility splay at the entrance to the site and to ensure that the provision of a section of footpath between the footpath link to the business/holiday park and Tymparon Close is undertaken. Both sets of works will need to be undertaken on land outside the control of the applicants. With regard to concerns raised by a resident of Newbiggin in relation to the width of the road through the railway abutments and the lack of footpaths at this section of the highway, a copy of the letter received has been forwarded to the Highway Authority however this issue has never been raised as a concern. Impact of development on biodiversity
47 Agenda Item 7 (e) REPORTS FOR DEBATE Following an initial letter of concern from Natural England regarding Great Crested Newts on site, they then raised an objection to the application on the grounds that due consideration had not been given to the issues relating to great crested newts as a protected species (namely the loss of terrestrial habitat, fragmentation of the areas of terrestrial habitat most suitable for use by great crested newts via the creation of new roads and the mowing regime combined with the increased disturbance caused by people). The land the subject of this application is not a designated habitat/wildlife site. Since this letter of objection, detailed discussions have taken place between the applicants and Natural England. Natural England has since removed their objection to the proposal on the grounds that the further information submitted and discussed offer Natural England some reassurance that the areas of habitat that will be created within the site are of moderate value to Great Crested Newts. Natural England have advised that there remains a degree of risk that the development might have a negative impact on Great Crested Newts, however given the apparent overall low conservation impact they do not wish to object further to the application. It should be noted however that even though Natural England have removed their objection to the proposal that they do not agree with all elements of the mitigation plan and will not guarantee that the applicants will be successful in their application for a European Protected Species Licence. The scheme proposes to create additional habitat on land to the south west of the proposed holiday park, with habitat corridors either retained or created between the existing ponds and the newly created areas. Fences are proposed to be erected round existing habitat while construction work is being undertaken to protect Great Crested Newt populations, with fencing being proposed to be erected round the Great Crested Newt breeding ponds to exclude people and dogs from these areas. It is recommended, on the advice of Natural England, that a condition is imposed on the applicants requiring the development to be carried out strictly in accordance with the ecological report submitted to the Council and the additional measures discussed. The applicants have indicated that they are willing to provide bat and bird boxes within the site however it is recommended that a condition be attached to any notice of approval requiring a scheme illustrating the provision of bat and bird boxes to be agreed in writing by the Local Planning Authority prior to commencement of development to ensure that a sufficient number of boxes are to be erected. With regards to the objection raised by Cumbria Wildlife Trust, it should be noted that no-one from the Trust has visited the site or attended a meeting held in January 2009 to discuss the application. Cumbria Wildlife Trust is not the statutory body that deal with biodiversity issues, nevertheless their comments have been taken into consideration. As discussed above, Natural England who are the statutory agency charged with the responsibility to ensure that England‟s unique natural environment is conserved, enhanced, and managed for the benefit of present and future generations, is satisfied that given the apparent overall low conservation impact of the development they do not wish to object further to the application subject to conditions to ensure the development is carried out in accordance with the mitigation measures discussed. Cumbria Wildlife Trusts objection principally concerns the amount of habitat to be lost as part of the development. It is considered however that this issue has been resolved as part of the ongoing discussions between the applicants and Natural England.
48 Agenda Item 7 (e) REPORTS FOR DEBATE Surface water and foul drainage issues With regard to surface water drainage, it is proposed that surface water will be drained to soakaway and to existing water areas on site. Neither the Environment Agency nor United Utilities have raised any objections to the application. With regard to foul drainage, both the Environment Agency and United Utilities have again confirmed that they have no objections to the application. Foul drainage will go to a private treatment works (to be shared with the proposed business park) and then to the public sewer via controlled discharge. Notwithstanding the above, it is recommended that a condition be imposed on the applicants requiring a scheme detailing the disposal of foul drainage and surface water to be submitted to prevent the increased risk of flooding and to ensure a satisfactory means of surface water and foul drainage disposal. Conclusion In conclusion, it is considered that the proposed change of use of this redundant quarry to form a holiday park is acceptable in this location subject to the conditions discussed and the applicants entering into a Section 106 Agreement with the Council to ensure off-site highway works. The proposed landscaping works are considered acceptable and conditions requiring a further landscaping scheme and details of a phasing programme to be submitted, along with details of lighting will ensure that landscaping is implemented to a high standard with the relevant sections completed prior to commencement of development within the „main‟ body of the site. It is recommended that relevant holiday accommodation conditions are attached to ensure that the units remain for holiday purposes only as permanent residential accommodation in this location would not be acceptable under current policy. Biodiversity issues have been fully considered and subject to conditions regarding bat/bird box provision and for the development to be carried out in accordance with the mitigation measures detailed in the ecology report. 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 Policies: 4.2.1 Eden Local Plan (Saved Policies) NE1: Development in the Countryside TM1: Tourism Development - General TM3: Larger Scale Tourism Development
49 Agenda Item 7 (e) REPORTS FOR DEBATE TM6: Caravan and Chalet Occupancy SE1: Sewage Disposal Cumbria and Lake District Joint Structure Plan (Saved Policies) ST4: Major Development Proposals EM16: Tourism T30: Transport Assessments T31: Travel Plans E37: Areas and features of nature conservation interest other than those of national and international conservation importance Regional Spatial Strategy DP1: Spatial Principles DP8: Mainstreaming Rural Issues RDF2: Rural Areas W6: Tourism and the Visitor Economy W7: Principles for Tourism Development CNL1: Overall Spatial Policy for Cumbria CNL2: Sub-area Development Priorities for Cumbria National Guidance Planning Policy Statement 7: Sustainable Development in Rural Areas Planning Policy Statement 9: Biodiversity and Geological Conservation Planning Policy Guidance 13: Transport Good Practice Guide on Planning for Tourism 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
50 Agenda Item 7 (e) REPORTS FOR DEBATE 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equalities Act, 2006 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 The Council has to have regard to the need to reduce crime and disorder in exercising its functions under the Crime and Disorder Act, 2004. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 The Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of its functions under the Children‟s Act, 2004. 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for decision/recommendation 6.1 It is considered that the proposed change of use of this redundant quarry to form a holiday park is acceptable in this location subject to the conditions discussed and the applicants entering into a Section 106 Agreement with the Council to ensure off-site highway works. The proposed landscaping works are considered acceptable and conditions requiring a further landscaping scheme and details of a phasing programme to be submitted, along with details of lighting will ensure that landscaping is implemented to a high standard with the relevant sections completed prior to commencement of development within the „main‟ body of the site. It is recommended that relevant holiday accommodation conditions are attached to ensure that the units remain for holiday purposes only as permanent residential accommodation in this location would not be acceptable under current policy. Biodiversity issues have been fully considered and subject to conditions regarding bat/bird box provision and for the development to be carried out in accordance with the mitigation measures detailed in the ecology report. In addition, it is considered that the proposal complies with the relevant national and local planning policies and guidance. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Delegated Planning Report by the Head of Transport and Spatial Planning, Cumbria County Council
51 Agenda Item 7 (e) REPORTS FOR DEBATE Contact Officer: Aimee Richardson Telephone Number: (01768) 212486
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67 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 4 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0279 Residential development, land at Elm House, High Hesket for R McManus Director of Technical Services Site Plan:
68 Agenda Item 7 (e) 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 planning permission be granted subject to the completion of a Section 106 Agreement in respect of the provision of affordable houses. This Agreement should provide for the bungalow accommodation to be provided to be offered through the offices of a housing association and for the affordable housing to be sold subject to an agreed value with the Local Planning Authority for future sales of any individual affordable unit to be subject to continuing discounted sale, and for a phasing programme for the delivery of the affordable units. Permission should be subject also to the following conditions: 1. The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later. 2. Application for approval of all reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission. 3. Approval of the details of the siting, design and external appearance of the buildings, means of access thereto and the landscaping of the site (called the „reserved matters‟) shall be obtained from the local planning authority before any development is commenced. 4. The carriageways, footways, footpaths, cycleways etc, shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect details submitted for approval of reserved matters shall additionally include longitudinal/cross sections. No work shall be commenced on the site until a full specification of these works, in accordance with the standards laid down in the current Cumbria Design Guide has been approved. Any works so approved shall be constructed before the development is complete. 5. Ramps shall be provided on each side of every junction to enable wheelchairs and pushchairs to be safely manoeuvred at kerb lines. Details of all such ramps shall be submitted to the local planning authority for approval before development commences and shall be constructed as part of the development. Reasons: 1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 2. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 3. The application is in outline form only and is not accompanied by full detailed plans. Reason - In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 4. To ensure a minimum standard of construction in the interests of highway safety. 5. To ensure that pedestrians and people with impaired mobility can negotiate
69 Agenda Item 7 (e) REPORTS FOR DEBATE junctions safely.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks outline planning permission for a development of some 20 units including some 11 affordable units. These units will be provided by a mix of bungalows and 2 and 3 bed room houses. Occupation of the dwellings as is currently being considered would be through a mix of housing association control in respect of the bungalows and discount sales to others. The applicant has indicated that the housing would be sold in a price range of £120k to £135k with subsequent discounted sales being controlled by a Section 106 agreement. The details of such an agreement would be resolved by negotiations between the relevant officers of the Council and the applicant but broadly the agreement would need to provide a mechanism for the control of the letting of the bungalows; the continued sale of the affordable dwellings at a discounted market price plus an allowance for inflation, and for subsequent buyers to be in housing need. 3.2 Description of the Site and the Surroundings: 3.2.1 The site lies to the rear of a line of development fronting the village street. To the north is the existing development of Elm Close which is now substantively complete and through which vehicular and pedestrian access will be achieved. The remaining boundaries are to agricultural land. 3.3 Relevant Planning History: 3.3.1 None. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by the posting of a site notice and letters to adjoining occupiers. Some responses to this exercise, including a petition signed by 91 persons, including some who have also written individually, have been received objecting to the development on the following grounds: the proposal should be refused pending the outcome of the LDF process and its consultation procedure; the site is greenfield and should not be developed before brownfield sites are considered; the site is disproportionally large for the size of the village and its limited public amenities; the site, being backland, conflicts with the linear character of the village; the road serving Elm Close, which would provide access to the development, is not designed to stand the additional volume of traffic with bends and parking obstructing the route through with consequent danger to existing residents and children; the builder only builds two or three dwellings a year so the area would be subject to possibly another ten years of noise, disruption, pollution and mess;
70 Agenda Item 7 (e) REPORTS FOR DEBATE there has been a 30% increase in the number of houses in the village in the last 8 years and 20 more dwellings on this site, particularly when the development does not reflect the linear character of the village is disproportionate. 3.5 Parish Response: 3.5.1 With reference to the above planning application and further to the meeting which attracted over 41 local residents and 11 parish councillors, please accept the points below which were strongly expressed by the residents to the councillors. 1) Residents strongly opposed the potential green field site being accessed as a potential development when two brown field sites are available in the same village eg Cross Keys Hotel and car park to the north and Barron‟s Caravan Centre to the south. Since this is an outline application it was felt that a decision should be deferred until a broader overall view could be formed under your Strategic Plan. High Hesket has always been classed as a linear village and back development would be detrimental and make the village disproportionate. 2) Should outline planning permission be granted it is felt that developers have a tendency to frequently alter plans eg the quantity of houses, size and there could be a potential for future development. 3) The present road system is narrow (5.5 metres) without pavements, it is unsuitable for additional traffic and is deemed extremely dangerous for any young children who might be playing in the development. The current cul-de-sac of Elm Close is a safe environment for young children. 4) Increased stress on the existing sewage system was an extremely valid point as United Utilities and Environmental Health are already aware about sewage smells around the development. 5) There was a plea for truly affordable housing with local occupancy to enable young people to stay in the area, however there is no suggestion in this application for a local residence requirement. 6) Pointed reference was made to for a developer‟s ability to chop and change an original plan to squeeze in more houses and alter the style etc. 7) Residents attending the meeting were outraged to hear that during the course of the meeting a text had been received stating that trees were being felled on the proposed site. (Pease note 16. Trees and Hedges there are no trees and hedges on the site). (The Council advise that photographic evidence is available and a complaint was registered with the planning department). 8) Objection was made against the potential noise, disturbance and pollution from any future building work. 9) Any future development would have a detrimental effect on the value of existing properties. 10) The residents who live in Elm Close were extremely disappointed at the length of time taken to complete the existing properties, and feel that any future development could leave them in a building site for up to then years which is too long for applicants for affordable housing.
71 Agenda Item 7 (e) REPORTS FOR DEBATE The overwhelming opinion of the local residents who attended the meeting was five abstentions with the majority against this proposed development. 3.6 Consultation Responses: 3.6.1 Highways Authority: No objection subject to conditions in respect of the construction and operational safety of the site. 3.6.2 Environmental Health Officer: No comment 3.7 Main Planning Issues Raised: 3.7.1 It is considered that the application falls to be considered in respect of current and emerging planning policy, its local impact on local residents, its impact on the character of the village and its impact on satisfying the housing needs of the local area. 3.8 Planning Assessment: 3.8.1 The site is an area of open field at the rear of the existing street frontage development leading from the A6 into the village centre. Access to the site can only be achieved through the existing housing development of Elm House and although the route is not direct the highway authority has not raised any issue with the application. It is considered that because of the existing road conditions traffic will generally be forced to move slowly through the existing housing area. In respect of the relationship between new and existing houses, although the application is in outline form only, it is evident that the distances that can be achieved between the proposed new dwellings and those existing comply with the general standards this Council works to which are to seek achieve a minimum distance of 21m between the principle windows of the new and existing houses. 3.8.2 Traditionally the village has developed in a linear fashion along the village street. Until bypassed this would have been the A6. At the centre of the village the disposition of buildings is less linear and more recent development has begun to dilute this traditional character, moving away from the street frontage and introducing courtyard style layouts. This present development proposal does not reflect that traditional character since it provides for an outward expansion of the settlement into the countryside to the rear of those dwellings fronting the village street. However because of the local topography and the disposition of existing housing it is unlikely that new dwellings on the site would have a significant impact on the 1960‟s housing which follows historic street scene. The setting of the village in the local landscape and it linear nature, insofar as the site is concerned, was most apparent when approached along the A6 from the north where the street frontage form of development was clearly evident. This view has been lost by the completion of the most recent housing on Elm Close such that the clarity of the form of development has been significantly altered. It is considered therefore that the site is acceptable given the offer of the affordable housing units and would not compromise any interests which need to be especially protected. 3.8.3 High Hesket is not a settlement which benefits from any environmental designations - it is not a conservation area nor is it set in any protected landscape. It does however benefit from a range of services, public transport, public house, and a primary school together with easy access to a large doctor‟s surgery located midway between the village and nearby Low Hesket.
72 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.4 The village was allocated two housing sites in Policy HS1 of the 1996 Eden Local Plan. These sites have now been developed by market led housing, Elm Close being one of these allocations. At the time of the allocation Elm Close was the site of a former farm steading. At that time the present site was, and remains, a greenfield site outside the built area of the village where Local Plan Policy NE1- Development in the countryside applies. However that Plan is now some 10 years old and clearly out of date in respect of housing supply. The Regional Spatial Strategy (RSS) has required the Council to complete 239 dwellings per year since 2003. The Council is some 560 units behind this target and aims to provide for this undersupply when allocating a 10/15 year supply in the Housing DPD. 3.8.5 The Council must therefore, because of the outdated nature of the Local Plan must look to emerging policy, the RSS and other policy guidance. National guidance (Planning Policy Statement 3) places an emphasis on sustainable forms of development and prioritises development on previously developed land. However it also makes clear that there is no presumption that land that is previously developed is necessarily suitable for housing. The RSS, Policy DP4- Make the best use of existing resources and infrastructure, sets out a sequential approach; the development of existing buildings and previously developed land within settlements, using other suitable infill sites within settlements and thirdly developing land that is well related to existing infrastructure, housing and services etc. The Council‟s Core Strategy, which will be subject to examination in public in September, follows this approach and gives priority to sites which are most accessible to services and facilities by public transport, cycling or walking. 3.8.6 The village is identified as a local service centre in the Council‟s Core Strategy documents. The housing need for the ward, which includes the villages of High and Low Hesket, Armathwaite, Calthwaite, Plumpton, Southwaite and Ivegill is identified as 31 dwellings per annum of which some 86% of respondents expressed a desire for rented accommodation. In the Local Development Framework High Hesket, Armathwaite and Plumpton are identified as Local Service Centres. This land is the only site which has been put forward for development in High Hesket. An objection has been raised to the allocation of the site on the grounds that the site is disproportionately large for the village, is greenfield and does not accord with the linear character of the settlement. The alternative locations, suggested by the objectors to the proposal - the vacant caravan sales area and the disused former Cross Keys public house - are not suitable alternatives. The caravan centre is part of a larger employment site which should remain as such being an employment site in a largely rural location, would require a new drainage system, is remote from the village and prominent in the local landscape. The former Cross Keys is similarly remote from the village and separated from it by the A6. In addition neither site has been put forward for consideration as having potential for housing development. In respect of the other two service centres in the Ward each contain a site which is identified as being potentially suitable for housing development. It is anticipated that the preferred options for housing locations will be published by the end of this calendar year. 3.8.7 It is the case therefore that if a housing need is required to be met in the ward then this area of land is an acceptable candidate for achieving some of that provision. 3.8.8 In respect of the „affordable‟ housing to be provided this would not, apart from the bungalow accommodation, accord strictly with the major identified need for rental property in the ward. However guidance contained in Planning Policy Statement 3 (PPS3) defines affordable housing as being:
73 Agenda Item 7 (e) REPORTS FOR DEBATE “Affordable housing includes social rented and intermediate housing provided to specified eligible households whose needs are not met by the market. Affordable housing should: Meet the needs of eligible households including availability at a cost low enough for them to afford, determined with regard to local incomes and local house prices. Include provision for the home to remain at an affordable price for future eligible households or, if these restrictions are lifted, for the subsidy to be recycled for alternative affordable housing.” PPS3 defines Intermediate affordable housing as: “Housing at prices and rents above those of social rent, but below market price or rents, and which meet the criteria set out above. These can include shared equity products, other low cost homes for sale and intermediate rent.” The above definitions do not exclude homes provided by the private sector or provided without grant funding. As long as the homes provided meet the definitions above they may be considered, for planning purposes, as affordable housing. 3.8.9 It is considered that the scheme represents an appropriate balance of housing mix for this ward and subject to the completion of an appropriate Section 106 agreement in respect of the means of disposal of the affordable dwellings and the subsequent control of future sales the development is acceptable in this respect. 3.8.10 Insofar as the physical development of the site is concerned it is considered that the land is suitable, in this location, for the development proposed. The site would have little visual impact on the landscape setting or character of the village and would not significantly encroach into the amenity of existing dwellings. The highway authority has indicated that there is no difficulty with accessing the site through the existing housing development whilst the provision of services already to that housing reduces the potential development costs of the land. The site can contribute to an identified need for housing in this area of the District, in a proposed Local Service Centre where no other appropriate sites for housing have been identified, or are emerging, and accords with the Council‟s developing policies and corporate priorities. 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 HS1 - Housing Allocations for residential development NE1 - Development in the Countryside
74 Agenda Item 7 (e) REPORTS FOR DEBATE 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. 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 sufficient to require the refusal of the application. In addition the proposal complies with the principles of the emerging Local Development Framework Eden District Local Plan in respect of the provision of a range of affordable housing and the meeting of the demand for such housing in key and local service centres by providing accommodation in sustainable rural locations.
75 Agenda Item 7 (e) REPORTS FOR DEBATE S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Malcolm Johnson Telephone Number: (01768) 212446
76 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 5 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0390 Development of one dwelling Birchfield Green Lane Great Salkeld for Executors of Vernon Douglas Clarke Director of Technical Services Site Plan:
77 Agenda Item 7 (e) 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 outline planning permission be GRANTED subject to the following conditions: 1. The development hereby approved shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later. 2. Application for approval of all reserved matters shall be made to the local planning authority before the expiration of three tears from the date of this permission. 3. No trees on the site shall be lopped, felled or otherwise affected in any way (including raising or lowering of soil levels under the crown spread of the trees) and the development shall avoid excavation under the crown spread of trees unless such works are approved in writing by the local planning authority. 4. Prior to the commencement of any development on the site precise details of parking and turning arrangements shall be approved in writing by the local planning authority. These arrangements shall then be put in place prior to the commencement of the construction of any dwelling and shall remain available for the use of contractors‟ vehicles throughout the construction phase. Reasons: 1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 2. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004. 3. To safeguard the trees in the interests of the character of the area having regard to Policy NE13 of the Eden Local Plan. 4. In order to prevent congestion and disruption to the use of the adjacent highway serving Barnes Croft.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks outline consent for a dwelling in the rear garden of this existing house. The dwelling itself fronts onto Green Lane but the site is accessed through a more recent estate development, Barnes Croft, via the estate road and then a track giving access into the site. 3.2 Description of the Site and the Surroundings: 3.2.1 The site is a large garden area to the dwelling and is generally rectangular in shape measuring some 48m deep by 20m wide. The site is gently sloping down to the village centre and is enclosed on all but its north side by housing. To the north the site bounds open fields.
78 Agenda Item 7 (e) REPORTS FOR DEBATE 3.3 Relevant Planning History: 3.3.1 None 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by letter notification to adjacent owners and site notice. Some five responses have been offered objection to the application on the following grounds: Access to the site is very restricted and construction vehicles will cause congestion, disruption and damage to local residents, the estate road and property. The loss of the garden would be to the detriment of the village character. The proposed dwelling would overlook other properties. The outlook onto green fields would be lost. The development would be at the expense of local residents wildlife, flora and fauna particularly bats a colony of which live in the eaves of an adjacent property. Trees about the site limit the ability of the site to accommodate the development. 3.5 Parish Response: 3.5.1 The Parish Council offer no objections to the application at the outline stage. Councillors are however concerned about the size and massing, and about the style, about which they would ask the District Council to keep them fully informed at the detailed planning stage. 3.6 Consultation Responses: 3.6.1 Highways Authority - No objection subject to adequate parking being provided within the curtilage. 3.7 Main Planning Issues Raised: 3.7.1 impact on existing dwellings; Impact on character of the conservation area 3.8 Planning Assessment: 3.8.1 The proposed site, which can be regarded as brownfield being the garden of an existing dwelling, is located to the rear of and enclosed by six dwellings, including that to which it is presently the garden area. The closest of these dwellings, 2 and 3 Barnes Croft sit in an elevated position above the site, the land form following the slope downhill to the village centre. Of these two dwellings no. 3 is more critically aligned with the property Birchfield whilst no 2 sits at an angle to the site and is more clearly designed to have a view most directly of the bottom of the site area and the fields beyond. Illustrative plans submitted with the application show a dwelling of a footprint which accords with the adjacent bungalows on Barnes Croft. This drawing indicates that a distance of some 26m can be obtained between the proposed dwelling and Birchfield; 20m between 3 Barnes Croft and 10m between the proposed and 2 Barnes Croft. In this latter case however it must be noted that this latter dwelling sits at an angle to the site where its direct view is across the further area of the site and the fields beyond. Because of the fall in the ground levels the Barnes Croft housing is more likely to overlook the site than the reverse.
79 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.2 In respect of the dwellings on the village side of the site although these are lower the garden areas and rear of the dwellings are bounded by a line of long established conifers. The other enclosing properties maintain the same distances from the indicated site of the proposed dwelling as Birchfield. 3.8.3 Insofar as the impact on the conservation area is concerned it is considered that such would be limited. The site sits in a location where it can be clearly associated with the modern Barnes Croft development and to the rear of the more traditional development fronting the village street. The area retains its relationship with the agricultural land beyond and it is considered that the proposed dwelling will not adversely affect the character of the conservation area. The development does not propose the felling of any trees on the site and it is considered that this will assist in further reducing the impact on surrounding property. The retention of trees will assist in the maintenance of any bat roosts. 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 Local Plan (Retained Policies) HS1 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
80 Agenda Item 7 (e) REPORTS FOR DEBATE 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. In addition the proposal complies with Policy HS1 of the Eden District Local Plan. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Malcolm Johnson Telephone Number: (01768) 212446
81 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 6 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0255 Erection of new offices, access and car park, Potters Lonning Alston for Bonds Precision Products Ltd Director of Technical Services Site Plan:
82 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as the Parish Council has requested that the matter be considered by Members. 2 Recommendation:
It is recommended that planning permission be granted subject to the following conditions: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. Prior to the commencement of development on the site precise details of all hard and soft landscaping works to be undertaken shall be agreed in writing with the local planning authority. The landscaping works as may be approved shall be carried out, in respect of the hard surface items before the development is brought into use. The planted material that may be agreed shall be planted in the first planting season following the occupation of the development and thereafter be maintained for the life of the development. 3. The surfacing of Potter Loaning (unclassified road no. 3107) shall be carried out to the full Highway Authority standards and specifications to the satisfaction of the local planning authority. 4. The use shall not commence until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior written consent of the local planning authority. 5. The whole of the access area bounded by the carriageway edge, entrance gates and splays shall be constructed and drained to the specification of the local planning authority in consultation with the highway authority. 6. The development shall be carried out in accordance with the details of the scheme for the attenuation of surface water disposal prepared by Messrs Al Daines and Partners for the site and received in this office on 17 July 2009. Reasons: 1. In order to comply with the requirements of the Planning and Compulsory Purchase Act 2004. 2. In the interests of the visual amenity of the area. 3. In the interests of road safety. 4. To ensure a minimum standard of access provision when the development is brought into use. 5. In the interests of road safety. 6. In order to reduce surface water flows off site.
3 Report Details 3.1 Proposed Development:
83 Agenda Item 7 (e) REPORTS FOR DEBATE 3.1.1 The application seeks consent to provide additional office accommodation to serve this industrial activity. The development would consist of the placement of a new 20.7m long „portacabin‟ type building and the relocation of two existing units to the eastern end of the site and the provision of a new tarmaced parking facility for 27 cars. Landscape planting would occur around the site. 3.2 Description of the Site and the Surroundings: 3.2.1 The site sits in an elevated location off Potters Loaning. The present production facility has been on this site since 1970. The building, originally of brick construction has been extended over the years generally by means of steel cladding construction. The building is set slightly back from the Loaning with car parking and delivery activity taking place on the frontage area, with „portacabin‟ type buildings providing some office accommodation. The site is enclosed by agricultural land, on to which it is proposed to extend, with housing development on the opposite side of the lane. 3.3 Relevant Planning History: 3.3.1 None 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by site notice and letters to adjoining owners. Three letters of response have been received objection to the development on the following grounds: the scheme is a commercial development in a residential area which affects the quality of life and health of nearby residents; environmental problems (flooding) need to be addressed; there are vacant industrial units elsewhere in Alston; potential to expand further on the site leading to increased noise, traffic and wear and tear on the local roads. 3.5 Parish Response: 3.5.1 Recommend that Eden District Council be asked: that the planning committee deal with the application; that a site visit is held, to which the parish council are invited to speak; that representatives from the Environment Agency, Northumbria Water, United Utilities and Highways are asked to attend; and that the applicant is asked to quantify the discharges they are planning to make into all watercourses and sewers in view of the well evidenced concerns of residents and the Environment Agency that there will be extra discharge into the Mill Race. 3.6 Consultation Responses: 3.6.1 Highways Authority - requests that conditions are attached to any approval in respect of: the surfacing of Potters Loaning;
84 Agenda Item 7 (e) REPORTS FOR DEBATE the completion of the access and parking provision before the use commences; and the surfacing and draining of the access. Environment Agency - the proposals for surface water drainage are acceptable as long as the calculated discharge is not greater than the existing run off. 3.7 Main Planning Issues Raised: impact on AONB impact on adjoining residents 3.8 Planning Assessment: 3.8.1 The site is located within the North Pennines Area of Outstanding Natural beauty. The site itself expands the existing development into the field adjacent to the existing facility. The land in question is not widely prominent in the AONB being seen as simply part of the agricultural land running up to the developed area of the town. The site will be come more significant locally if developed as a car park/office location but it is considered that the impact will be greatly lessened by the setting of development against the existing factory and the landscaping proposals, which will also improve views of the existing building. The building is to be set down into the slope of the site and finished in a buff and slate grey colour to reflect the underlying tone of the local landscape. Policy in respect of development in the AONB limits development to sites within or immediately adjacent and well related to settlements. This site meets that criteria and will have minimal environmental impact. 3.8.2 The scheme is an attempt to rationalize the present operation of the business which currently has offices facilities split between this site and the town centre. The company has 15 office staff, 6 in the town centre and 9 at the application site and a staff shuttle between the two. The difficulty with the existing arrangement on the Potters Loaning site is that the office accommodation here does not operate in the best interests of the site. The development proposed would resolve these inefficiencies. 3.8.3 The objections raised to the scheme by local residents raise two issues; first, the impact of the use on their living conditions and second, the discharge of water from the site. In the first instance the application relates to the provision of offices for the use, not the addition of any manufacturing process. It is considered that given the present working arrangements of the business traffic flow to and from the site during the working day is unlikely to change significantly from the present level of activity. On the second matter the applicant has provided a flood risk assessment which addresses the matter of surface water discharging from the site. 3.8.4 It is considered that the scheme is acceptable in this location and will stabilise the business and job offer available in the town. Off site impact will be limited on both the AONB and local residents and the scheme has provided the opportunity for resolving water associated problems off site.
85 Agenda Item 7 (e) REPORTS FOR DEBATE 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 NE2 Development in the North Pennines AONB EM7 Extension of existing sites and premises. 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.
86 Agenda Item 7 (e) REPORTS FOR DEBATE 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. In addition the proposal complies with the relevant policies of the Eden District Local Plan in that it minimises impact upon the local countryside. The scheme provides an opportunity to address local issues with the containment of water flows in the area. In employment terms the scheme will stabilise the business in this locality which offers little in the way of alternative employment opportunities. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Malcolm Johnson Telephone Number: (01768) 212446
87 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 7 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0256 Redevelopment comprising Class A1 (Shop) Supermarket, Unit 2 to be used for any of the following: A1 (Shop), A3 (Restaurant or Café), A4 (Drinking Establishment), A5(Hot Food Takeaway), D1 (1) (Non- Residential Institution), D2 (2) (Assembly and Leisure) Former Rickeby’s and Bowmans premises, Brunswick Road, Penrith for Booths (Penrith) Ltd Director of Technical Services Site Plan:
88 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as the proposal represents a major additional retail development. 2 Recommendation:
It is recommended that planning permission be REFUSED: 1. The proposed development in respect of its design and layout fails to achieve, in respect of its architectural and townscape qualities, any improvement to the character and quality of this area of Penrith which presently suffers from a poor quality environment dominated by large scale building forms and car parking areas, lacking any sense of spatial enclosure or visual stimulation. As such the proposed development would not contribute to the creation of an acceptable urban form at this northern entrance to the historic core of Penrith, contrary to Eden Local Plan (Retained Policies) BE19 - Quality of design, and the advice in respect of design contained in PPS1. The lack of such an appropriate quality of development outweighs the positive benefits the provision of the retailing activity might have for this area of the town in particular and the wider retailing offer in general. 2. The turnover of the proposed supermarket element of the development would exceed the capacity for convenience goods shopping identified as available in Penrith to the period 2014 in order not to cause harm to the health and vitality of the existing town centre when taken concurrently with the New Squares development. The impact on the overprovision of convenience floorspace identified is not outweighed by the benefits the development would otherwise have to the town contrary to the advice contained in PPS6 - Planning for Town Centres.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks full planning permission for the redevelopment of this site to provide two retail units, one comprising a Booths supermarket of some 2,787sq m (gross), 1,858 sq m (net sales), and the second providing another unit of some 1,547sq m (gross) 1,238 sq m (net sales), the precise occupier of which is not yet determined. 3.1.2 The development would occur roughly on the same frontage as the existing main Rickerby‟s building with servicing to the rear. The two units would generally occupy the area on which the former Rickerby‟s building stands. The remainder of the site, including the vacant Bowmans carpet warehouse would be occupied by some 178 car parking spaces. Service access would be through the car park to the rear of the buildings. All vehicular access would be provided from Brunswick Road which would be provided with a new right turn lane when approached uphill. This arrangement would also permit the construction of a new pedestrian refuge island in the road. 3.1.3 The buildings would be of, commercial, 2 story construction with an average height of 10 metres. External wall finishes would incorporate red sandstone cladding, red
89 Agenda Item 7 (e) REPORTS FOR DEBATE brickwork, self coloured render and grey cladding panels together with extensive areas of green anti sun glazing. Landscaping would take the form of a hard treatment to the car park surface to define vehicle and pedestrian movement areas with soft landscaping around the periphery of the car park area site. 3.2 Description of the Site and the Surroundings: 3.2.1 The site lies within the urban area of Penrith and in an area of the town characterised by its mix of uses which include the Morrison‟s supermarket and car park opposite, the WCF retail unit between the site and the railway, the Tudor Court apartments to the rear and the mix of retail, residential and school on Brunswick Road, the West Coast mainline railway and the residential areas of Castletown and Brunswick Square. The site is an edge of centre location lying within 300m of the established shopping area of Penrith and as such is within easy reach of the town centre and has good public transport links. 3.3 Relevant Planning History: 3.3.1 The most recent activity associated with this site is as follows: 07/0943 Sheltered apartments approved February 2008 (outline) 08/0464 Alterations to provide supermarket (carpet warehouse building) approved 18 September 2008 (full) 3.3.2 The site more generally benefits from a range of consents in respect of the former Rickerby use. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicized by the posting of a site and press notice and letters to adjoining owners. One response on behalf of the residents of the adjacent Tudor Court has been offered. The writer acknowledges support for the proposal but is concerned about the impact of noise from delivery vehicles on the residents of this apartment block and would welcome any measures that could be incorporated into any planning permission to reduce noise at unsocial times of day ie after 8pm and before 8am. In addition two letters of support for the application have been received offering the view that the development is more acceptable than originally proposed, that concerns about noise have been addressed, that the car park to the front looks good and that the application should be approved as an enhancement of the site. 3.4.2 Two letters of objection have been received the concerns of which relate primarily to the increase in the volume of traffic on Brunswick Road and its impact on traffic flows, noise and fumes from traffic impacting on local residents, and the impact of extra congestion and additional traffic on the nearby school. 3.4.3 In addition to the foregoing an objection has been received on behalf of Morrison‟s. This objection is on the grounds that the applicant has: failed to establish a quantitative need for the development; failed to establish a qualitative need for the development. That the scale of the store is in excess of the quantitative need within Penrith; the application fails to demonstrate that the New Squares development could not accommodate the development;
90 Agenda Item 7 (e) REPORTS FOR DEBATE the development would lead to unacceptable impact on the town centre from out of centre development for which there is no quantitative need; the development is contrary to Local Plan Policy SH2 and PPS6. 3.5 Civic Society: 3.5.1 In view of the existing planning consent for a supermarket on the former Bowmans element of the site, and taking into account the former use of the Rickerby site together with the potential for much improving this approach to the town centre, Penrith Civic Society supports the application at least for the enlarged supermarket element of this proposal. We do, however, have strong concerns about the secondary unit, particularly in view of its quite considerable size, and the layout of the site. Should the unit 2 area have been incorporated within the supermarket for non-food sales, we would certainly have very strong reservations. We are aware that retail developments have been approved on more outlying approaches to the town centre. There is a strong held belief that more out of town centre retailing will affect existing individual businesses and through them the vitality of the town centre as a traditional market town retail trading area. We are not convinced that the relative proximity of the site, described in the supporting documentation as 'extended town centre' is sufficient to allay the fears that it will adversely affect the vitality of the town centre. Of the alternatives suggested for unit 2, we would favour D1 (2) (assembly and leisure). We also have concerns at the relative narrowness of the route around the rear and north east sides of the proposed building to be used by large servicing vehicles. Manoeuvring these vehicles within the service yard area, with consequent noise could affect the occupants of the Tudor Court apartments. It may of course be argued that any such noise generated will be no worse than by passing railway trains. Nevertheless, we would prefer that the service yard be at the opposite end of the building, in fact in the location of the ground floor of the proposed unit 2. At the very least operating times of service vehicles should be strictly controlled. The development will inevitably attract more vehicles to this part of the town and whilst in a sense the consequent increase in potential shopper numbers may be argued as assisting the vitality of the northern end of the town centre, we are aware of the fact that this part of the town's highway system is increasingly frequently reaching saturation. It is essential therefore that movement in and out of the site should be as smooth as possible and cause as little delay to passing traffic as possible. In this respect we have concerns about the adequacy of the filter lane in the centre of Brunswick Road, coupled with the slight gradient into the site at the entrance. A possible 'bus stop indicated on the plan has no specific provision and any stationary 'bus in the 'down' traffic lane will inevitably cause further delay to vehicle movement generally. A lay-by should be incorporated for such a 'bus stop. We would suggest that a possibly better location for the car parking and service access would be directly adjacent to the WCF operation. A level run-in would be available, the travel route to the service yard relocated within the area of the proposed unit 2 would be shorter and further away from the Tudor Court apartments, with
91 Agenda Item 7 (e) REPORTS FOR DEBATE consequent elimination of noise problems. Service vehicles would then not pass through the centre of the customer car park with consequent improved safety. Aesthetically, we believe that the stone front boundary wall, commencing as a retaining wall at the eastern site corner would better run continuously to this suggested entrance relocation point. Ideally this relocated entrance would also serve the adjacent WCF business, allowing the existing WCF entrance to be closed, but we accept that this would be difficult given the location of the existing WCF building. Such a relocated access point with its continuous wall beyond would, we feel, assist the transition to the change in character between 'open' upper and 'closed' lower Brunswick Road. This is a well designed modern building incorporating substantial areas of natural sandstone reclaimed from the demolitions and we acknowledge the applicants keen interest in good design. Nevertheless, we feel that the design is not quite right for this 'extended town centre' location. Our principal concern is the use of a flat roof creating what we feel will be a very dominating building within its setting of smaller scale buildings and it will thus tend to conflict with its surroundings rather than blend with them. Virtually all the buildings around have pitched roofs, most being covered with slate or slate type material, the only exception being the flat roofed canopy to the petrol station at Morrisons supermarket that in itself is a much more intrusive element in the landscape than the much bulkier supermarket itself. The applicant has produced some excellently designed supermarkets elsewhere with slated roofs much more suited to the character of Penrith as a northern market town. Once again, we hold the Cranston‟s building in Ullswater Road as an example of good modern design using local materials and expressing local characteristics. Indeed the extension currently under construction incorporates a first floor restaurant into what is generally a single storey building. In particular, we feel that such a building would sit more comfortably alongside Tudor Court. We acknowledge that the ridge height of the new supermarket would be at a higher level than with a flat roof, but we suggest it would be no higher than the previously approved McCarthy & Stone residential building. Should the present design with its flat roof be considered acceptable, we have one small concern with the materials proposed. We see that a relatively small area of the front wall is to be in red brick. This, we feel will conflict with the adjacent local red sandstone and we feel that walling to the front should be restricted to natural stone and painted render, these being the predominant materials in the town centre. We have studied the Assistant Director Planning Services, Eden District Council concerns regarding the location of the supermarket at the rear of the site with car parking in front, suggesting that this will exacerbate the uninspiring appearance of the Morrisons car park. Morrisons‟ supermarket was located in the position it occupies in order that it provide the shortest possible pedestrian link to the existing town centre. The pity is that planning conditions did not extend to any form of tree planting within the car park and most particularly along the Brunswick Road frontage. Security of the application site will certainly be better achieved with the building to the rear of the site and all car parking to the front and readily visible from Brunswick Road.
92 Agenda Item 7 (e) REPORTS FOR DEBATE We consider that any enclosure of this upper part of Brunswick Road has long since been lost if indeed it ever really existed. The character of Brunswick Road has, in our opinion always changed at about midpoint, the lower closely enclosed, the upper part more open and we have no objection to this openness being maintained. Perhaps some changes to the tree planting within the car park would enhance the appearance better, the more so if Morrisons could be persuaded to provide at least some boundary tree planting. It is perhaps not inappropriate to mention that Eden District Council themselves are proposing to demolish an existing building fronting the lower part of Brunswick Road as part of a car parking proposal that will in itself conflict with the enclosed nature of the lower part of Brunswick Road. We would suggest that the open nature of acceptable development commences at Penrith Railway Station and can perfectly reasonably continue to the midpoint on Brunswick Road. On the question of landscaping within the proposed car park, we would say that we would prefer the tree planting to be less regimented in nature and we see little benefit in shrub planting inside the stone front boundary wall. Such planting becomes a magnet for litter that is difficult to clear as seen at the Somerfield supermarket in Friargate. 3.6 Consultation Responses: 3.6.1 Transport and Spatial Planning (Cumbria County Council) (Report to Members attached - Annex 1) - An objection is raised on the grounds that insufficient and unsatisfactory information and detail has been submitted to demonstrate that the proposal satisfies JSP Policies T30 and T31 and LTP Policies LD4, LD5, LD7 and LD8. There is no objection in principle to the use on the site but consider that the detail design and layout could be improved and that the supermarket be restricted to 2,000sq m gross. (Members should note that this response was provided at an early stage in the consideration of this application and in the particular the highway comments are, at the time of writing still under consideration. In addition County officers have not been party to all discussions in respect of design and floor area of the building.) 3.6.2 Environment Agency - no objection subject to conditions in respect of resolving issues of contamination. 3.6.3 Environmental Health Officer - The proximity of residential development increases the potential impact from the proposed development in the form of noise, odour and light and proposals to address these issues should be submitted for approval prior to any commencement of development. 3.6.4 United Utilities - No objection 3.6.5 Network Rail - No objection subject to the development being carried out in accordance with Network Rail safety requirements. 3.7 Main Planning Issues Raised: 3.7.1 The application raises two principal issues: The impact of the vitality and viability of the existing shopping area The impact of the layout and design of the buildings on the quality of the environment. 3.8 Planning Assessment:
93 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.1 National Guidance outlined in PPS6 and draft PPS4 which deal with planning for prosperous economies in respect of this type of shopping development indicates that planning authorities should require applicants to demonstrate: the quantitative and qualitative need for the development; that the development is of an appropriate scale; that there are no more central sites available; that there is no unacceptable impact on the town centre; that the location is acceptable; the benefits of the development on the local economy. 3.8.1 In addressing the impact of the development on the existing shopping area the applicant argues, in summary, that the supermarket element of the development would meet a qualitative need in Penrith that is shown by a leakage of trade to Carlisle and Kendal and by the identifiable overtrading that is a feature of the towns existing stores. It would also offer greater consumer choice and competition in food shopping in accordance with national guidance. In addition the greater impact of the store would be on those existing stores, eg Morrisons, Somerfield, Co-op and Aldi that are already overtrading and that while there would be a significant loss of trade from such stores they would still be performing above the average for their company turnovers. Indeed the level of overtrading currently enjoyed by such retailers will allow them to withstand the higher levels of impact. What this degree of overtrading shows is that there is a deficiency in shopping provision in Penrith that needs to be met by the development of new shopping floorspace. In respect of a wider impact the applicants argue that the development would anchor the north end of the town and assist in maintaining the areas vitality and viability sufficient to resist any impact of the New Squares development which might be expected to shift the focus of town centre activity away from this area. The response to the applicants public consultation exercise shows public support for the store with 97% of respondents to the consultation exercise supporting the provision of a Booths store as opposed to 2.8% against such a store. 3.8.2 An independent assessment of the applicant‟s conclusions has been undertaken by the retail consultants who undertook the District wide study in March 2008 to provide an evidence base for the Core Strategy. This application review suggests that the supermarket would, along with the Sainsbury‟s proposal, the recently agreed extension of which will not add more convenience floorspace to the town, meet an identified quantitative and qualitative need that is demonstrated by the leakage of convenience goods spending, to Carlisle and Kendal, and overtrading that exists in Penrith as described by the applicants. Both stores will help to reduce this leakage. In addition planning policy seeks to increase choice and competition particularly in food shopping. A Booths store would offer greater choice and competition to Morrisons and Sainsbury‟s and provide an anchor for the north end of town which would be advantageous in assisting the stability of this area of the town. 3.8.3 However, notwithstanding the advantages the Booths store would offer in these respects the consultants advice is that the size of store proposed by the applicants is too large to be accommodated in Penrith at the same time as the Sainsbury‟s proposal without having a harmful impact on the town centre. A smaller development would have the same benefits, improving the retail offer within Penrith with the introduction of a quality retailer and anchoring the northern end of the town centre but
94 Agenda Item 7 (e) REPORTS FOR DEBATE it would not have such a serious impact on the town centre. Penrith could support a Booths supermarket larger than the store already approved (908 sq m gross, 605 sq m net) but not a store of the size proposed. The question posed by the Council‟s consultant is “How large does Booths need to be to meet the qualitative need that exists?” The consultant‟s advice is that they are confident that there is a surplus capacity of £38.9m in convenience goods in 2014 but the Sainsbury‟s commitment takes up the vast majority of this capacity. The residual capacity is £12.3m. At the sales density assumed for Booths the floorspace that could be supported is 2,000 sq m gross, 1,858 sq m net. In terms of the diversion of trade from existing convenience stores a shop of this size would reduce the impact of the proposed larger store by up to 5 percentage points on the larger stores in Penrith and reduce the impact on the town centre as a whole from 18% to below 17%. The advice of the consultants therefore is that the store should be limited to this level of floorspace as being the appropriate level to meet the available quantitative need. 3.8.3 The Council‟s consultant advices that it is important also to consider also the qualitative impact that the store would have on the town because this is an important material consideration. It is recognised that Booths is a quality retailer and in this location a store would have benefits for strengthening this area and balancing the shift in the centre of gravity that will follow the New Squares scheme. However it is the impact on the trading conditions of existing stores and indirectly on the town centre that causes greatest concern by the combination of both Booths and New Squares which could be too much for the town centre to accommodate in the short term. It is this concern which outweighs the benefits the development could otherwise bring. 3.8.4 It is clear that there is substantial common ground between the two assessments of the quantitative and qualitative impact of the development. The differences relate to the level of claw-back that could be achieved by the development, the impact of market share brought about by both Booths and Sainsbury‟s, the trade diversion from existing supermarkets and the impact on the town centre. The applicants argue that because of Booths trading model the assumed 50% claw-back is a reasonable expectation. In terms of market share, and hence the impact on existing supermarkets the difference between the two assessments amounts only to 1% whilst the trade diversion from existing supermarkets will not be as high as the Council‟s consultant expects because the Booths offer will sit alongside other retailers rather than being in competition with them. In respect of Morrisons and Aldi the applicants argue that these are not town centre stores anyway and any impact on them should not be considered as such under the terms of PPS6 which relates to impact on town centres. In any event the existing supermarkets are significantly overtrading and any impact can be assimilated by them. When the potential trade diversion is placed in this context no individual retailer will suffer any adverse affect on vitality or viability but will continue to trade well above national average levels which is a good indicator of continuing viability and a lack of impact on the vitality and viability of the town centre. 3.8.5. The consultants report and the supporting statement submitted by the applicant in respect of the retail impact of the development are attached hereto. 3.8 6. In respect of location the application is in an edge of centre site and therefore only sites in Penrith town centre can be considered sequentially preferable. The consultant‟s advice supports the officer view that there are no sites or vacant units that are suitable in the town centre for the scale and type of retailing proposed.
95 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.7 In summary the consultants view is that the impact of trade diversion from Penrith town centre is significant and is not outweighed by the benefit‟s the scheme would bring to the northern end of the town. Whilst the retail offer of Penrith would be improved with the introduction of a quality retailer the scale of the proposed development could: put at risk the spatial planning strategy for Penrith by weakening the role of the town centre for convenience goods shopping; could deter future public or private sector investment needed to safeguard the vitality and viability of the town centre; could have an effect on the range of services provided by the town centre; could increase vacancies in the primary shopping area; and could affect the attractiveness and character of the town centre and its role in the economic and social life of the community, contrary to the aims of the LDF Core Strategy. 3.8.8 Turning now to the matter of design and layout it is considered that the redevelopment of the site should present an opportunity to make a more positive contribution to a somewhat impoverished street scene than the development as proposed and by doing so improve the quality of the entrance to the northern area of the town centre. The site is prominent in the view from Cromwell Road/Ullswater Road and the railway and is within an area which lacks a sense of enclosure. The dominant feature of the locality is the unrelieved expanse of the Morrisons car park and the visual and physical impact of traffic. 3.8.9 Advice on design considerations has been taken from an urban design consultant. 3.8.10 Dealing with the physical layout of the site first it is considered that the development should provide a bridge between the open form of the area, which the applicant argues is the traditional characteristic of the area, and the sense of enclosure of the lower area of Brunswick Road where it enters the town centre. In order to achieve this it is concluded that Unit 2 would be better placed forward of the Booths supermarket building, generally where the existing Rickerby building presently stands where it would both create a sense of enclosure when viewed on the approach up Brunswick Road and a pinch point in the street scene when viewed from Cromwell Road. This would create a stronger definition to the streetscape and provide a focus point in the otherwise large open area. This layout would also provide, together with a reduction in floor area of the supermarket as discussed above, an opportunity to reposition the servicing arrangements for the building further away from Tudor Court, thus lessening the impact on that residential development. 3.8.11 The applicant has provided a revised scheme for the development. This retains the original principal of effectively a single footprint for the two units but also addresses some of the issues of more detailed concern with the precise design of the buildings. In respect of the layout issue the applicants argue that historically the area is different from the rest of the traditional areas of Penrith because of its use as a cattle market. In more recent times the site has adopted a character of retail sheds which again has continued the tradition of openness of the area. It is considered that whilst this may historically be the case the proposal in association with the already extensive area of blandness arising from the existing car parking provision in the area only consolidates the lack of any distinctive vitality to the location, which it is the considered should be the guiding principle of any development in this location close to the historic core of
96 Agenda Item 7 (e) REPORTS FOR DEBATE the town. In respect of the applicants consideration of the site whilst referring to the historic openness of the area they fail to consider the impact the presence of the Rickerby building has on the street scene, even with its industrial character, in assisting closing down the otherwise wide open nature of the area. By removing this building and placing the Booths building and Unit 2 further back on the site this comparative sense of enclosure is lost. In addition the car parking provision reflects that of Morrisons opposite and it is considered that seen in conjunction the street scene will become one dominated by car parking rather than celebrating the built form. It is not considered that the inclusion of the proposed landscape planting to the front of the site will resolve this basic issue. It is considered that in this regard the development will have more in common with that which has occurred along Ullswater Road with areas of car parking sitting in front of retail sheds of no local identity. Whilst this solution may be appropriate to fast moving lengths of road where little detail or finesse can be appreciated by a generally car borne public, this present site is in an area where traffic speeds are slower and pedestrian activity is more common. In this latter respect the development fails to provide an attractive opportunity for visits to the site by pedestrians. The location of the site is such that the opportunity is present to allow pedestrian access from the lane between Brunswick Square and Castletown. This is a well used route and such an access would permit pedestrian movement through areas of slower moving traffic. The applicant‟s solution is to provide such an access off the lane leading off Brunswick Road to Brunswick Terrace. Although lightly trafficked the access does then run simply into the larger area of car parking associated with the store. Pedestrian access by other routes will involve either the crossing of a redesigned Brunswick Road or via Castletown Bridge. It is considered that the development fails to address the potential to significantly improve the quality of the area. 3.8.12 In respect of the appearance and design of the building the scheme broadly adopts a fairly modern approach with modulation of the frontages achieved by varying cladding materials, including sandstone, render and glazing, particularly to the first floor area of the supermarket which is defined by a substantial projecting area of glazing. Most of the building has a flat roofed construction although Unit 2 terminates the western end with a pitched roof. The remainder of the structure is finished in propriety cladding panels albeit with some variation introduced by way of modulation to the generally blank walls. Otherwise little is done to enhance the appearance of the structure when viewed from surrounding vantage points the railway, including the well used lane from Brunswick Square over the railway into Castletown. Whilst there is no planning objection in principal to the modern design approach taken to the elevations it is considered that the individual design details, many of which reflect details found in the town centre buildings, fail to produce a convincing coherence to the scheme of the order of the better examples of architectural quality found within the town. 3.8.13 Notwithstanding the elevational treatment in this location the ability of buildings to blend with the local townscape character relies equally on the roofscape design. The area can be seen from elevated vantage points and it is clear from these that the details of roofs are important in helping assimilate, particularly large buildings, into the townscape. In this instance apart from the pitched roof to Unit 2, the roofscape primarily consists of a flat roof design which contributes to the largely unrelieved horizontal nature of the built form of the development. On the Booths roof are two light boxes which serve to illuminate the café area below. These features could have reflected similar elements on the existing Bowman‟s building but are orientated across the width of the building rather than its length which would be more reflective of the
97 Agenda Item 7 (e) REPORTS FOR DEBATE Penrith roofscape. It is details such as this on which the success or failure of the scheme in its townscape value is dependant. 3.8.14 It is considered that the proposed scheme does not possess sufficient quality in itself to overcome the objections to the lack of its contribution to the creation of an improved urban character to this area of the town where the opportunity should be taken to provide a form of development that can act as a gateway to the northern area of the town centre. 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 Local Plan (Retained policies) BE19 Quality of design National Policy Guidance: Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 6: Planning for Town Centres 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
98 Agenda Item 7 (e) REPORTS FOR DEBATE 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 not considered to be acceptable, in its architectural form, detailing or layout to be appropriate in the context of the site and the opportunity presented by the redevelopment of the site for improving the character and quality of the area. In respect of the economic impact it is considered that whilst the store would add to the qualitative offer of Penrith and strengthen this northern area of the town it is considered that the size of the Booths store is excessive in respect of the quantitative needs of the town and if developed, in addition to the New Squares it would have an adverse economic impact upon the vitality and viability of the town centre.
S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer Background Papers: Contact Officer: Malcolm Johnson Telephone Number: (01768) 212446
99 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 8 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0394 Erection of Storage Shed, Quarry Garage Stainton for Alba Transport Ltd Director of Technical Services Site Plan:
100 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members because the recommendation conflicts with the views of the Parish Council. 2 Recommendation:
It is recommended that full planning permission be granted.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks consent for the erection of a storage shed measuring 35m x 42.7m with a roof height of 8m within this former quarry which since the early 1970‟s has been used as a haulage and wagon servicing depot. The building will be of boxed profile steel sheeting over fair faced concrete blockwork. 3.2 Description of the Site and the Surroundings: 3.2.1 The site sits to the south of the Ullswater road about the junction of this with the minor access road to Stainton village and just to the west of the Rheged Visitor Centre. The area is a former quarry and was previously occupied by Barnett and Graham Ltd as a haulage depot, vehicle workshop offices and storage shed. The site sits below the level of the surrounding landscape with the upper areas of some roofs being just visible. The area is enclosed on its southern side by mature tree planting. A public footpath skirts the southern edge of the site (but is not within it). 3.3 Relevant Planning History: 3.3.1 The site has operated from the mid 1970s as a haulage depot until more recently when it was taken over by the present applicant. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by the posting of a site notice and letters to adjoining owners. A letter of objection has been received from the Rheged Visitor facility offering the following objections: Odour problems from the site in recent years; Applicant‟s increasing their activities in the area which have been a serious blight; Traffic commissioner requires no raw animal material on the site and that all vehicles be thoroughly washed; If the application is approved it should be subject to these conditions. 3.4.2 In addition a response has been received from local residents who object on the grounds that: there is already a large shed on the site; the applicants do not adhere to the conditions of the Traffic Commissioner; noise from the HGVs disrupts residential properties and local businesses; pollution risk to river; smell;
101 Agenda Item 7 (e) REPORTS FOR DEBATE shed, if needed, should be on Gilwilly. 3.5 Parish Response: 3.5.1 Dacre Parish Council objects to this application on the basis of its size and its subsequent intrusion on the landscape. The Parish Council also objects on the basis of the smell of storing such products. The applicants have a lamentable history of controlling the smell from their plant and parishioners are concerned that the storage of materials/products even closer to their homes will have an even more marked effect. 3.6 Consultation Responses: 3.6.1 Highways Authority - no objection Environmental Health Officer - No objection 3.7 Main Planning Issues Raised: 3.7.1 It is considered that the principal issues in this case are: visual impact odour 3.8 Planning Assessment: 3.8.1 The proposed building sits down on the quarry floor at the southern end of the site and it is considered will have no greater a landscape impact that the buildings already on the site. 3.8.2 In respect of odour issues the environmental health officers have indicated that in the past they have had complaints about smell issuing from this development but have not been able to substantiate any statutory nuisance. The meal, when it is stored in the site, is a stable product. The movement of it to this site generates about 2 or 3 vehicle movements per day. This activity has been taking place for a period of about two years. 3.8.3 Given that the activity already occurs and has done so for sometime it is unlikely that the arguments put forward by the Parish Council can be sustained. 3.8.4 If the applicant in failing to comply with other controls under which they operate then the controlling body should be advised. In respect of the use the site benefits from consent which permits the activity. There is therefore no requirement to consider other sites as suggested. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Affordable Housing Quality Environment Economic Vitality Quality Council
102 Agenda Item 7 (e) REPORTS FOR DEBATE Council on 7 February 2008 agreed fifteen strategic actions to achieve these priorities. 4.2 Relevant Local Plan Policies: 4.2.1 Eden Local Plan (Saved Policies) EM7 Extension of existing sites and premises 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.
103 Agenda Item 7 (e) REPORTS FOR DEBATE 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 by reason of noise or odour. In addition the proposal complies with Policy EM7 of the Eden District Local Plan. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Malcolm Johnson Telephone Number: (01768) 212446
104 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 9 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0483 Erection of two dwellings to replace detached dwelling approved under planning reference 06/0925 Plots 7 and 8 Horse and Farrier Courtyard, Kirkby Thore for Mr P Cowperthwaite Director of Technical Services Site Plan:
105 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application has been brought to Planning Committee because this has been requested by a Member of the Council. 2 Recommendation:
It is recommended that Planning Permission be refused for the following reason: 1. The proposal would result in the provision of new residential development outside of any identified settlement, contrary to adopted planning policy aims and guidance. The proposal would therefore represent unsustainable development which would contrary to Planning Policy Statements 3 and 7, North West of England Regional Spatial Strategy to 2021 policies DP1 and DP2, Cumbria and Lake District Joint Structure Plan policies H19 and ST5 and saved Eden Local Plan Policy HS1.
3 Report Details 3.1 Proposed Development: 3.1.1 This application is for two dwellings to replace a single detached dwelling which was approved in January 2007 at the former Transport Café site at Low Moor, Kirkby Thore. 3.1.2 The houses would be up-side-down and semi detached and would comprise 2 bedrooms, utility and bathroom at ground floor with open plan living, dining and kitchen at first floor. Small garden areas would be provided along with a garage and parking space. 3.1.3 The finish of the buildings would be cobble stone walls with quoins and render. The windows would be stained timber and the roofs would be covered with second hand Welsh slate. 3.2 Description of the Site and the Surroundings: 3.2.1 The application site is on the corner of the A66 and Jockey Lane, near Kirkby Thore and was formally known as the Transport Café. The site now occupies six newly constructed residential properties (not completed to date). Along the north west boundary are agricultural buildings with houses beyond. To the south, east and west are open fields. The site is approximately 750 metres outside the village of Kirkby Thore. 3.3 Relevant Planning History: 3.3.1 03/0292 - Conversion of redundant barns to form four new dwellings and construction of two new dwellings - refused 21 May 2003 and allowed on appeal on 1 December 2003. 05/0900 - Proposed additional porches to rear elevation, new conservation style roof lights on rear slope, stone up of door on front elevation and insertion of new window in front elevation - approved 25 November 2005. 06/0925 - Conversion of redundant buildings and erection of new buildings to form 7 new dwellings and garages (revised scheme) - approved 22 January 2007.
106 Agenda Item 7 (e) REPORTS FOR DEBATE 07/0755 - Proposed demolition of existing buildings following structural report and rebuilding as previously approved as house units 1 to 4 - approved 29 October 2007. 08/0669 - Erection of enclosing wall to agricultural storage area - approved 20 November 2008. 08/0974 - Two dwellings to replace detached dwelling approved under 06/0925 - refused 10 February 2009 (currently subject to appeal). 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by the posting of a site note and seven neighbour notification letters were sent. No letters of response have been received to date. 3.5 Parish Response: 3.5.1 No response to date. 3.6 Consultation Responses: 3.6.1 Highways Authority advise that the layout details shown on the submitted plans are satisfactory from a highway point of view. 3.7 Main Planning Issues Raised: 3.7.1 Appropriateness of housing in this area. 3.8 Planning Assessment: 3.8.1 This application is for the substitution of a detached house (approved under 06/0925) for 2no. Semi detached houses at the former Roadside Cafe at Kirkby Thore. This application is also a re-submission of the previously refused application (ref 08/0974) which is currently the subject of appeal. The application being refused under delegated procedures. 3.8.2 The site has permission for seven units in total. In 2002 permission was granted for the conversion of existing buildings (barn, former cafe and public house) to four dwellings on the basis that the proposal complied with Policy BE25 - Reuse of existing buildings in the countryside. This Policy is no longer applicable. In 2003 a planning application was refused for the said four dwellings plus two new dwellings but subsequently allowed on appeal on the basis that the four already approved dwellings formed a „cohesive group of dwellings and the proposed additional new development would not, as a consequence, constitute development in the undeveloped countryside‟, complying with NE3 and BE19 of the Eden Local Plan 1996. 3.8.3 This Later in 2007, when it became clear that the condition of the original buildings meant they were not capable of conversion, permission was granted for a new build scheme for their replacement. The proposal included the separation of the previously approved semi-detached houses into two detached properties, and also allowed the original appeal site to be extended in area. 3.8.4 This new application would further increase the total number of residential units to eight through the substitution of a detached for semi-detached properties; increase the number of bedrooms by one; and an increase in the size of the footprint by 25%. Furthermore, the private amenity area would also be proportionately reduced in size.
107 Agenda Item 7 (e) REPORTS FOR DEBATE 3.8.5 The applicant‟s justification for this application is that a recent retrospective approval for a 2.5 metre high wall along the eastern boundary of the site for the adjoining farm „would block light and views and overshadow the external space‟ and „as a direct result of that decision, the developer lost a potential sale of the approved house on plot 7‟. The applicant has since had to consider the best way of developing this „now less desirable‟ site which has let to his decision to provide two lower cost properties rather than one larger detached dwelling. 3.8.6 Policy HS1 of the Eden Local Plan lists settlements, including Kirkby Thore, where small scale housing development schemes could be supported and saved policy ST5 of the Cumbria Structure Plan focuses development in service centres. However, the application site is located approximately 750 metres outside the village of Kirkby Thore and in the open countryside, albeit a small group of dwellings and farm buildings, and is therefore not within a named settlement. 3.8.7 Saved Policy H19 of the Cumbria Structure Plan, only allows affordable housing in rural locations where there is a demonstrable need. The current proposal, for two market led houses, would not comply with the Policy. 3.8.8 The design and use of material used in the construction of the dwellings is considered appropriate to the site and the surrounding area. 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 Saved Eden Local Plan Policies 1996 4.2.2 Policy NE1 Development in the Countryside - Eden Local Plan 1996 4.2.3 Policy HS1 Allocations for Residential Development - Eden Local Plan 1996 4.2.4 Cumbria and the Lake District Joint Structure Plan 2001-2016 (April 2006) 4.2.5 Policy ST5 Development to sustain rural communities 4.2.6 Policy H19 Affordable housing outside the Lake District National Park 4.2.7 North West Regional Spatial Strategy to 2021 4.2.8 Policy DP1 Spatial Principles 4.2.9 Policy DP2 Promote Sustainable Economic Development 4.2.10 PPS3 Housing 4.2.11 PPS7 Sustainable Development in Rural Areas
108 Agenda Item 7 (e) 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 application site is outside a named settlement where housing development schemes would not be favourably supported. The proposal would therefore be contrary to local and national planning policy. S Huddart Director of Technical Services
109 Agenda Item 7 (e) REPORTS FOR DEBATE Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Karen Thompson Telephone Number: (01768) 212481
110 Agenda Item 7 (e) REPORTS FOR DEBATE Item No 10 Eden District Council Planning Applications Committee 20 August 2009 Planning Application No: 09/0523 Removal of Condition No.3 of Planning Consent Ref. 07/0914 (local occupancy) Mr M Davidson Director of Technical Services Site Plan:
111 Agenda Item 7 (e) REPORTS FOR DEBATE 1 Purpose of Report 1.1 This application is before members as the applicant is a Member of the Council. 2 Recommendation:
That planning permission be GRANTED subject to the following conditions: 1. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing numbers 0607.30.01 and 02 received on 30 October 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority. Reason: 1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3 Report Details 3.1 Proposed Development: 3.1.1 The application seeks to remove the local occupancy restriction attached to the planning permission granted under application reference 07/0914 for erection of two new build apartments and the conversion of a garage to form an additional apartment. 3.1.2 Condition number 3 states: “The occupation of the dwellings hereby approved shall be limited to the following description of persons: a. Who currently lives in the relevant locality and has done so for a continuous period of at least three years; and/or b. Who works in the relevant locality; and/or c. Who has moved away but has strong established and continuous links with the relevant locality by reason of birth or long term immediate family connections; and/or d. Who has an essential need through age or disability to live close to those who have lived in the relevant locality for at least three years. Definition of Locality - This term will be taken to apply to the administrative area of Eden District.” The stated reason for the condition at that time was: “To comply with the Council‟s interim housing policies and Policies ST11, H17 and H19 of the Cumbria and Lake District Joint Structure Plan 2006” 3.2 Description of the Site and the Surroundings: 3.2.1 The approved apartments are currently under construction and form part of the former shop premises, now known as Hallin View and which stands at the junction of Huntley Avenue and Clifford Road, just to the south of North Lakes School. 3.3 Relevant Planning History:
112 Agenda Item 7 (e) REPORTS FOR DEBATE 3.3.1 07/0914 - Proposed 2 no. new build apartments on land adjacent to Hallin View and conversion of garage to form additional apartment. All apartments for rental purposes - Approved. 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was advertised by way of notification letters to immediate neighbours and by way of the posting of a site notice. No responses have been received as a result of the publicity. 3.5 Civic Society: No response received. 3.6 Consultation Responses: 3.6.1 Highway Authority - No objection. 3.7 Main Planning Issues Raised: 3.7.1 Housing policy and restriction of residential occupancy. 3.8 Planning Assessment: 3.8.1 The application to which this present proposal relates was granted in February 2008 and was subject to a condition that the dwellings only be occupied by persons with a local connection to the area. At the time of the granting of this consent such a condition was imposed on all new housing developments unless exceptional circumstances indicated otherwise. Since that time however a number of appeals against this condition have been supported by the planning inspectorate because inspectors have taken the view that the Council can only restrict the occupation of houses in exceptional circumstances and that the evidence the Council has been able to offer does not provide sufficient support for such circumstances to exist within the District. In addition the Condition does not have any approved policy base. Finally although the Council seeks to provide an adopted policy base in its Core strategy/Local Development Framework documents the draft policy is not yet adopted, is controversial and is open to challenge through the LDF inquiry process. In view of the issues surrounding the imposition of local occupancy conditions discussed by the Council‟s Planning Applications Committee, at its meeting on 18 June 2009 it was resolved that the practice of imposing such conditions on market dwellings be discontinued pending the adoption of the Core Strategy policies dealing with this issue. In the light of this decision there is no reason to sustain the imposition of the condition attached to the extant planning permission. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Affordable Housing Quality Environment Economic Vitality Quality Council
113 Agenda Item 7 (e) REPORTS FOR DEBATE Council on 7 February 2008 agreed fifteen strategic actions to achieve these priorities. 4.2 Relevant Local Plan Policies: 4.2.1 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.
114 Agenda Item 7 (e) REPORTS FOR DEBATE 6. Reasons for decision/recommendation 6.1 In the light of the decision of the Council Planning Committee taken on 18th June 2009 there is no reason to sustain the imposition of the condition attached to the extant planning permission. S Huddart Director of Technical Services Governance Checks:
Checked by or on behalf of the Monitoring Officer
Background Papers: Contact Officer: Tony Ryniejski Telephone Number: (01768) 212367
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