At a meeting of the Development Panel held in Energus, Auditorium, Lillyhall on Thursday 18 December 2014 at 1.00 pm
Members
P Bales (Chairman)
C M Armstrong C M Jackson N Cockburn P G Kendall J Cowell A Lawson L Davies J Lister B Finlay M G Wood
Apologies for absence were received from Councillors J Armstrong, B Miskelly, S Standage and J Wright.
Staff Present
T Gear, K Kerrigan, P McKenzie, S Robinson, S Sewell and P Shackley.
314 Site Visits
The following Councillors were present at the site inspection, planning reference 2/2014/0381 - Hybrid planning application comprising a full planning application for 96 residential units incorporating landscaping, open space, access, highway works and a Blue wildlife biodiversity corridor including SUDS and the construction of a highway crossing over the Tom Rudd Beck, and an outline application for up to 224 residential units including open space, surface water attenuation, landscaping and access, Land off Strawberry How Road.
C Armstrong, P Bales, N Cockburn, J Cowell, L Davies, B Finlay, M Jackson, P Kendall, A Lawson, J Lister, and M Wood.
315 Declaration of Interest
None declared.
316 Questions
None received.
317 Public participation
The following objectors/supporters/applicants addressed the Panel.
Martin John West, Jane Roy, Miriam Porter, Ramon Skillen and James Hully outlined their objections, Mr J Prestige, Miss Fiona Branthwaite and Mrs Karen Dickens spoke in support and Ward Councillors Alan and Christine Smith objected to application 2/2014/0381. The agents exercised their right of reply.
318 Development Panel 2.2014.0381 Land off Strawberry How Road, Cockermouth Hybrid Planning application comprising a full planning application for 96 residential units incorporating landscaping, open space, access, highway works and a “Blue” wildlife/biodiversity corridor including SUDS and the construction of a highway crossing over the Tom Rudd Beck, and an outline application for up to 224 residential units including open space, surface water attenuation, landscaping and access
The application: Hybrid Planning application comprising a full planning application for 96 residential units incorporating landscaping, open space, access, highway works and a “Blue” wildlife/biodiversity corridor including SUDS and the construction of a highway crossing over the Tom Rudd Beck, and an outline application for up to 224 residential units including open space, surface water attenuation, landscaping and access, Land off Strawberry How Road, Cockermouth.
The Senior Planner recommended approval – Subject to conditions and the completion of a Section 106 legal agreement to secure the following:
1. Provision of education contribution of £265,122 2. Provision of public open space contribution of £25,000 to upgrade the Bellbrigg Lonning play area 3. A commuted sum of £30,000 to be used by the County Council to implement a SCOOT traffic light management system and a £20,000 personal travel plan allowance in the event that the trip generation rates arising from the development as set out in the Transport Assessment are exceeded 4. Provision for future management of the Local Area of Play, amenity green space, landscaped areas and Safe Route to School to include transfer to and future maintenance by a private management company 5. The provision of a bus service to provide a sustainable transport link from the site into Cockermouth town centre 6. Provision of 40% of the (up to) 320 units proposed across the whole site as affordable housing in perpetuity. Provision within Phase 1 shall be 28 units comprising 12 x 2 bedroomed terrace properties and 16 x 3 bed semi-detached properties. The mix of house types for within Phase 2 to be agreed as part of subsequent reserved matters applications.
The Senior Planner outlined the application and detailed the main issues within the report.
Members noted 870 letters of objection and 29 letters of support, the grounds of which were noted in the officer’s report.
Members noted all information that appeared on the late list.
Members heard from and asked questions to the objectors, supporters and the agents.
Members debated the application in depth and covered a range of issues.
Councillor B Finlay moved refusal on the grounds that the first phase did not provide the level of affordable housing required by Local Plan Policy, the scale of development and whether the development was sustainable having regard to the transport principals set out in Policy S22 of the Allerdale Local Plan. The Head of Development Services asked members to bear in mind that the policy requirement in relation to affordable housing was met when the application site was viewed as a whole and to consider whether objections in relation to scale and sustainability could be sustained given the designation of Cockermouth as a Key Centre in the Allerdale Local Plan. After further consideration Councillor B Finlay withdrew his motion.
Councillor J Lister moved approval in accordance with the officer’s recommendation. This was seconded by Councillor P Bales.
A vote was taken, 3 in favour of approval, 4 against and 4 abstentions.
The motion in favour of approval was lost.
Councillor P Bales moved approval in accordance with the officer’s recommendation. This was seconded by Councillor J Lister.
Councillor N Cockburn moved refusal on the grounds that the proposed development would have an adverse impact on the visual amenity and distinctive character of the area and adverse impacts on traffic and the highway network. The Head of Development Services asked members to consider whether these reasons for refusal could be sustained given the assessment set out in the officer’s report and the consultation responses received. Members were also reminded that the highway authority had not objected to the application. Councillor N Cockburn’s motion was not seconded; therefore the motion could not proceed to the vote.
A vote was taken on the motion to approve, 3 in favour of approval, 4 against and 4 abstenstions.
The motion in favour of approval was lost.
Councillor P Bales called for a 10 minute adjournment so that members could obtain some procedural advice.
The Head of Governance comfirmed that during the 10 minute adjournment no discussions on the planning merits of the proposed development had taken place and only procedural advice had been given to members.
Members continued to debate the proposed development.
Councillor P Bales moved approval in accordance with the officer’s recommendation. This was seconded by Councillor J Lister.
A vote was taken, 4 in favour of approval, 3 against and 4 abstenstions.
The motion in favour of approval was carried.
The decision: Approved.
Conditions: 1. Insofar as this decision grants full planning permission for the Phase 1 site as indicated in the application, the development, hereby permitted, shall be begun not later than 3 years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.
2. The development of the Phase 1 site shall be carried out shall be carried out solely in accordance with the following plans: Parameter Plan 1 – Site Boundary: 360-STO-501 Proposed Detailed Site Layout: 360-STO-100 Revision S (amended plan received 16/10/2014) Detailed 1 to 500 Site Layout Plan: 360-STO-101 Revision A (amended plan received 16/10/2014) Proposed Detailed Site Layout: 360-STO-102 Revision S (amended plan received 16/10/2014) Proposed Elevational Treatment: 360-STO-103 Revision F (amended plan received 16/10/2014) Proposed Boundary Treatment (Phase 1 Area): 360-STO-104 Revision F (amended plan received 16/10/2014) Proposed Affordable Housing Provision: 360-STO-105 Revision A (amended plan received 16/10/2014) Site Wide Cross Section Location Plan: H.SK.005 Revision P2 Site Wide Cross Sections: H.SK.006 Revision P2 Development Plot Schedule SL045 Cockermouth Rev A Wellington House Type: WEL-PLP1; WEL-PLE1/2; WEL-PLE1/4 Chester House Type: CHE-PLP1; CHE-PLP2 Rev A; CHE-PLE1/11; CHE-PLE2/7 Rowan House Type: ROW-PLP1; ROW-PLE1/4; ROW-PLE1/5 Hastings House Type: HAS-PLP1; HAS-PLE1/3 Rev A; HAS-PLE1/16 Mayfair House Type: May-PLP1 Rev A; May-PLE1/6 Rev A; HAS- PLE1/16 Hawthorn House Type: HAW-PLP2; HAW-PLE2/3; HAW-PLE2/4 Rev A Boston House Type: BOS-PLP1; BOS-PLE1/5; BOS-PLE1/6 Balmoral House Type: BAL-PLP1; BAL-PLE1/1; BAL-PLE1/5; BAL- PLE1/7; BAL-PLE1/8 Salisbury House Type: SAL-PLP1; SAL-PLE1/4 Rev A; SAL-PLE1/5; SAL-PLE1/10 Arundel House Type: ARU-PLP1; ARU-PLP2; ARU-PLE1/8; ARU- PLE2/3 Taunton House Type: TAU-PLP1; TAU-PLE1/1; TAU-PLE1/8 Warwick House Type: WAR-PLP1; WAR-PLE1/4; WAR-PLE1/7 Rev A Richmond House Type: PIC-PLP1; PIC-PLE1/6; HAS-PLE1/16 Kingston House Type: KIN-PLP1; KIN-PLP3; KIN-PLE1/4; KIN- PLE3/2 Garage Booklet: SG2-EPS1 Rev A (amended plan received 16/10/2014)
Conservatory Type 1 Layout Plans and Elevations 1: CON1-CPE1 Rev A Conservatory Type 1 Layout Plans and Elevations 2: CON1-CPE2 Rev A Conservatory Type 1 Layout Plans and Elevations 1: CON1-CPE1 Rev A Conservatory Type 2 Layout Plans and Elevations 1: CON2-CPE1 Rev A Conservatory Type 1 Layout Plans and Elevations 1: CON2-CPE2 Rev A Construction Details for Indoor Substation Unit: ES352 A2 006/02L Flood Risk Assessment: A081410 (May 2014) Phase 1 Desk Top Study: A055095 (August 2010) Ground Investigation Report: A081410 (April 2014) Environmental Statement (May 2014) Reason: To ensure a satisfactory standard of development and for the avoidance of doubt. 3. Insofar as this decision grants outline planning permission for the Phase 2 site details of the layout, scale, appearance, landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins, in accordance with the phasing scheme as agreed under condition No. 6 and the development shall be carried out as approved. Reason: Part of the application has been submitted as an outline application, in accordance with the provisions of the details of the town and country Planning (General Development Procedure) Order 1995.
4. The application(s) for approval of reserved matters for the Phase 2 site shall be made within three years of the date of this permission and the development shall be begun not later than two years from the final approval of the last of the reserved matters. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.
5. Any application for reserved matters of layout for the Phase 2 site shall include plans showing the following: (a) Cross sections through the site; (b) Details of existing and proposed ground levels; (c) Proposed finished floor levels of buildings; (d) Levels of any paths, drives, garages and parking areas; The development shall be carried out in accordance with the details so approved. Reason: To ensure that the works are carried out to a suitable level in relation to the adjoining properties and highways and in the interests of visual amenity, in accordance with Policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
6. Any application for reserved matters of layout for the Phase 2 site shall include a programme showing the phasing of the development to be submitted to and approved by the Local Planning Authority
and the development shall not proceed other than in accordance with the approved programme. Reason: To serve in the public and visual interests a satisfactory correlated order of development, in accordance with Policies S5 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
7. No part of the Phase 1 development hereby permitted shall be commenced until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and shrubs on the site, and details of any to be retained, together with measures for the protection in the course of development. The scheme shall include: (a) The treatment proposed for all ground surfaces, including hard areas; (b) Full details of tree planting; (c) Planting schedules, noting the species, sizes, numbers and densities of plants; (d) Finished levels or contours; (e) Any structures to be erected or constructed; (f) Functional services above and below ground; and (g) All existing trees, hedges and other landscape features, indicating clearly those to be removed. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality, in compliance with Policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
8. Pursuant to condition 7, all planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality, in compliance with Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
9. No dwellings within the Phase 1 development shall be occupied until full details of the layout of the Local Area of Play/locally equipped area of play have been submitted to and approved in writing by the Local Planning Authority. The Local Area of Play shall be fully implemented prior to the occupation of the forty eighth (48 th ) dwellinghouse on the site. Reason: To ensure the satisfactory provision of open space, in compliance with Policies S2, S4, S24, S25, S26 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
10. No part of the Phase 1 development hereby permitted shall be commenced until details and representative samples of the external
stone/brick/roof materials for the development hereby approved, including those to be used for boundary treatments, has been submitted to and approved by the Local Planning Authority. The development shall be constructed in accordance with the approved details. Reason: To ensure the use of appropriate materials in the interests of visual amenity, in compliance with Policies S2, S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
11. No part of the Phase 1 development hereby permitted shall be commenced until details of the treatment and finishes of all surfaces within the site have been submitted to and approved by the Local Planning Authority. No dwelling shall be occupied until all surfacing is implemented in accordance with the approved details. Reason: In order to ensure a satisfactory standard of development in relation to its surroundings, in compliance with Policies S2, S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
12. No part of the Phase 1 development hereby permitted shall be commenced until a plan has been submitted to and approved by the Local Planning Authority to show all existing trees which are to be felled or retained, together with the positions and height of protective fences, the areas for the storage of materials and stationing of machines and huts, and the position and width of temporary site roads and accesses. The details so approved shall be implemented prior to the commencement of the development and maintained at all times during the construction period. Reason: To ensure the retention of existing important trees on the site, in compliance with Policy DM17 of the Allerdale Local Plan (Part 1), Adopted July 2014.
13. No development hereby permitted shall be commenced until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. This written scheme of investigation will include the following components: (a) An archaeological evaluation; (b) An archaeological recording programme the scope of which will be dependent upon the results of the evaluation. Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains, in compliance with Policy S27 of the Allerdale Local Plan (Part 1), Adopted July 2014.
14. Pursuant to condition 13, where the results of the programme of archaeological work make it appropriate, there shall be carried out within one year of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority: an archaeological post-excavation assessment and analysis, the preparation of a site archive ready for deposition
at a store, the completion of an archive report, and the preparation and submission of a report of the results for publication in a suitable specialist journal. Reason: To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development, in compliance with Policy S27 of the Allerdale Local Plan (Part 1), Adopted July 2014.
15. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA), dated May 2014, (Ref: A081410) and the mitigation measures detailed within section 9. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reasons: 1) To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site. 2) To prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided. 3) To ensure safe access and egress from and to the site. 4) To reduce the risk of flooding to the proposed development and future occupants. In compliance with Policy S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.
16. No development hereby permitted shall be commenced until a detailed bridge design scheme for the site, based on an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The bridge should be designed as a minimum to accommodate the 1:100 plus allowance for freeboard and climate change. The scheme shall subsequently be implemented in accordance with the approved details and prior to the commencement of the Phase 2 development. The scheme shall also include details of how the bridge shall be maintained and managed after completion. Reason: To prevent the increased risk of flooding, both on and off site, in compliance with Policy S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.
17. No development hereby permitted shall be commenced until a Green Infrastructure Management Plan for the provision and management of the ‘Blue Corridor’ area alongside Tom Rudd Beck (as indicated on Figure 8.21 of the Environment Statement: Drawing number YOR.2.24.18 Rev A) has been submitted to and agreed in writing by the local planning authority in consultation with the Environment Agency and Natural England. Thereafter the development shall be carried out in accordance with the approved Plan and any subsequent amendments shall be agreed in writing with the local planning authority. The Blue Corridor area shall be
free from built development including lighting, domestic gardens and formal landscaping. The Plan shall include: Plans showing the extent and layout of the Blue Corridor Area Details of any proposed planting scheme (for example, native species) Details demonstrating how the Blue Corridor Area will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan Details of any proposed footpaths, fencing, lighting etc. Details of any proposed river bank restoration or stabilisation work Details of proposed floodplain habitat enhancements Reason: To protect the water quality of Tom Rudd Beck and River Cocker and Derwent SSSI and SAC, in compliance with Policies S2 and S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.
18. No development shall take place until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved Plan shall be adhered to through the construction period. The Plan shall include the following: (a) Traffic Management Plan to include: all traffic associated with the development, including site and staff traffic the means of access for construction traffic the loading and unloading of plant and materials the storage of plan and materials used in constructing the development wheel washing facilities (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445. (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution. (d) Mitigation measures to ensure that no harm is caused to protected species during construction. (e) A written procedure for dealing with complaints regarding the construction or demolition; (f) Measures to control the emissions of dust and dirt during construction and demolition; (g) Programme of work for Demolition and Construction phase; (h) Hours of working and deliveries; (i) Details of lighting to be used on site. The approved statement shall be adhered to throughout the duration of the development. Reason: In the interests of the amenity of the occupiers of neighbouring properties and to secure appropriate mitigation of ecology interests on the site, in compliance with Policies S32 and S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.
19. No development approved by this permission shall commence until all necessary site investigation works within the site boundary (as detailed on the drawing 360-STO-501: Parameter Plan 1 – Site Boundary) have been carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to the commencement. Reason: To minimise any risk arising from any possible contamination from the development to the local environment, in compliance with Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.
20. Where land affected by contamination is found which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. Reason: To minimise any risk arising from any possible contamination from the development to the local environment, in compliance with Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.
21. Should a remediation scheme be required, a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action shall be submitted to and approved, in writing, by the local planning authority. Reason: To minimise any risk arising from any possible contamination from the development to the local environment, in compliance with Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.
22. No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.
Reason: To minimise any risk arising from any possible contamination from the development to the local environment, in compliance with Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.
23. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment, in compliance with Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.
24. With regards to the Phase 1 development, the carriageways, footways and footpaths (with the exception of the pedestrian/cycle link to be created along the former railway line adjacent to the ‘Blue Corridor’) shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before any part of the development hereby permitted is commenced. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the Phase 1 development is completed. Reason: To ensure a minimum standard of construction in the interests of highway safety, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
25. No part of the development hereby permitted shall be commenced until full details of the pedestrian/cycle link to be created along the former railway line adjacent to the ‘Blue Corridor’ (as indicated on drawing Proposed 360-STO-100 Revision S: Detailed Site Layout) have been submitted to and approved by the Local Planning Authority in consultation with the Highways Authority. Any works so approved shall be constructed before the Phase 1 development is completed and shall not be removed or altered without prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of construction in the interests of highway safety, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
26. No part of the development hereby permitted shall be commenced until full details of the temporary ‘Safe Route to School’ for Phase 1, have been submitted to and approved by the Local Planning Authority in
consultation with the Highways Authority. Any works so approved shall be constructed before the occupation of the first dwelling within Phase 1 and shall not be removed or altered without prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of construction in the interests of highway safety, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
27. The dwellings that front onto Strawberry How Road shall be provided with and maintain visibility splays providing clear visibility of 33metres, measured along the nearside channel lines of the carriageway from a position 2metres (3m if not provided with internal turning) inset from the carriageway edge, on the centre line of the access, at a height of 1.05metres. Additionally, pedestrian visibility splays of 2.4m along the back of footway, to points 2.4m inset along each side of the access at a height of 0.6m. 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, or object of any kind shall be placed and no trees, bushes, or other plants permitted to grow, so as to obstruct these visibility splays. Reason: To ensure an acceptable standard of highway access, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
28. Pursuant to condition 18 and prior to the commencement of development, a plan shall be submitted for the prior approval by the local planning authority reserving adequate land for site offices/stores, secure compounds, including adequate land for the parking/turning of vehicles/plant, engaged in the construction operations associated with the development hereby approved. Such land, including the vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works. Reason: To minimise inconvenience and danger to road users, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
29. Prior to the commencement of development details of a 2.0m wide footway along the highway frontage on Strawberry How Road (to an acceptable standard in accordance with the Cumbria Design Guide) shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be fully implemented prior to occupation of the dwellinghouses hereby approved. Reason: To ensure satisfactory facilities for pedestrians in the interests of highway safety, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
30. Ramps shall be provided on each side of every road junction to enable wheelchairs, prams and invalid carriages 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. Any ramp details so approved shall be fully constructed as part of the development prior to the use of approved junctions. Reason: To ensure that pedestrians can negotiate road junctions in relative safety, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
31. No dwelling shall be occupied until the estate road, including footways and cycleways to serve such dwellings, has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use. Reason: To ensure that the access roads are define and laid out at an early stage, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
32. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational at all times thereafter. Reason: In the interests of highway safety and environmental management, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
33. The dwellings hereby approved shall not be occupied until the vehicular access, parking and turning requirements have been constructed in accordance with the approved plan and have been brought into use. The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of access, parking and turning provision when the development is brought into use, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
34. No development shall take place until a Travel Plan for the development hereby approved has been submitted to and approved in writing by the local planning authority, in consultation with the local highways authority and Highways Agency. The approved Travel Plan shall be implemented within one month of the first occupation of the development and shall thereafter be maintained in perpetuity. The Travel Plan shall provide for/include the following: (a) The appointment of a Travel Plan Co-ordinator (b) The collection and recording of baseline data on travel patterns (c) Targets to be achieved for modal share (d) Details of the specific measures to be implemented to promote the use of sustainable modes of transport and details of the way in
which these will be implemented in order to meet the identified targets and the more specific site objectives are developed as part of the Full Travel Plan (e) Details of the mechanism for monitoring the identified targets (f) Details of the means by which the Travel Plan shall be reviewed and the corrective measured to be employed in the identified targets are not met Reason: To ensure that the A66 trunk road shall continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980, maintaining the safety of traffic on the road
35. Monitoring shall be carried out in accordance with the approved Travel Plan and the results of the monitoring shall be submitted to the local planning authority within one month at the end of each monitoring period. Where targets are not achieved the Travel Plan Co-ordinator will be notified in writing by the local planning authority and the Travel Plan shall then be reviewed and updated and submitted to the local planning authority for approval within one month of the receipt of the local planning authority’s notification. The updated Travel Plan shall be implemented within one month of the date of the local planning authority’s approval. Reason: To ensure that the A66 trunk road shall continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980, maintaining the safety of traffic on the road
36. Only foul drainage shall be connected to the public sewer. Reason: To ensure a sustainable means of drainage from the site and minimise the risk of water pollution to the local water environment, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
37. Prior to the commencement of development and at the same time or prior to the submission of the First Reserved Matters application for a phase or part of a phase of the development hereby permitted a Foul and Surface Water Drainage Strategy shall be submitted to the local planning authority for approval such strategy to include the following details as a minimum: (a) The strategy must be consistent with the principles of the flood risk assessment dated 28 May 2014 reference A081410; (b) the only point of connection for foul flows from Phase 1 defined on Figure 1b of the submitted flood risk assessment dated 28 May 2014 reference A081410 shall be the existing foul sewer in Strawberry How Road at manhole reference no. NY12299901; (c) The only point of connection for foul flows from Phase 2 North defined on drawing A081410/21/C/005/P1 dated 26 September 2014 (Foul Catchment Boundary Added) shall be the existing foul sewer in Windmill Lane at manhole reference no. NY12308304; (d) The only point of connection for foul flows from Phase 2 South defined on drawing A081410/21/C/005/P1 dated 26 September 2014
(Foul Catchment Boundary Added) shall be the existing foul sewer in Bellbrigg Lonning at manhole reference no. NY12309202; (e) Surface water shall drain separately from the foul and unless otherwise agreed in writing, no surface water, highway drainage or land drainage shall discharge directly or indirectly into the public foul, combined or surface water sewerage systems. (f) Any drainage infrastructure connections (foul and surface water) between the different phases of the development defined by conditions 37, 38, 39 and 40. Where drainage infrastructure connects development from different phases, it will be necessary to show how much development will be served by the connecting drainage infrastructure. Reason: To ensure a holistic approach to the construction of the detailed drainage infrastructure for the site so that the drainage infrastructure which is constructed is able to cope with the foul and surface water discharges from the entire development site, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
38. At the same time as the submission of each subsequent Reserved Matters application for a phase or part of a phase, an updated Foul and Surface Water Drainage Strategy shall be submitted to the local planning authority for approval, such Strategy to include as a minimum the details listed in condition 37. Reason: To ensure a holistic approach to the construction of the detailed drainage infrastructure for the site so that the drainage infrastructure which is constructed is able to cope with the foul and surface water discharges from the entire development site, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
39. Unless otherwise agreed with the local planning authority, there shall be no foul and surface water connections between phases of development defined (and as may be amended from time to time) by conditions 37, 38, 39 and 40 other than in accordance with the connections identified and approved under item 37f. The detailed drainage schemes for each phase of development required by conditions 41 and 42 shall be submitted for approval in accordance with the foul and surface water drainage strategy approved under this condition. Reason: To ensure a holistic approach to the construction of the detailed drainage infrastructure for the site so that the drainage infrastructure which is constructed is able to cope with the foul and surface water discharges from the entire development site, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
40. No development shall be commenced on any phase or part of any phase of the development hereby permitted unless and until the Foul and Surface Water Drainage Strategy has been approved in writing by the Local Planning Authority.
Reason: To ensure a holistic approach to the construction of the detailed drainage infrastructure for the site so that the drainage infrastructure which is constructed is able to cope with the foul and surface water discharges from the entire development site, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
41. Prior to commencement of each phase or part of any phase of the development hereby permitted, full details of the foul drainage scheme for that phase shall be submitted to and approved in writing by the local planning authority. The details for each phase or part of any phase must be consistent with the principles of the flood risk assessment dated 28 May 2014 reference A081410 and the details approved pursuant to conditions 37, 38, 39 and 40 above. No building shall be occupied until the approved foul drainage scheme for that building has been completed in accordance with the approved details. Reason: To promote sustainable development, secure proper drainage and to reduce the risk of flooding and pollution, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
42. Prior to the commencement of each phase or part of any phase of the development hereby permitted, full details for a surface water regulation system and means of disposal for that phase or part phase, based wholly on sustainable drainage principles and evidence of an assessment of the hydrological and hydrogeological context of the development for that phase shall be submitted to and approved by the local planning authority in writing. The drainage details shall demonstrate that the surface water run off to watercourse generated up to and including the 1 in 100 year critical storm plus climate change will not exceed the run-off to watercourse from the existing undeveloped site and following the corresponding rainfall event. In the 1 in 100 year critical storm plus climate change event the approved drainage scheme shall demonstrate any overland flow paths do not flood houses or their associated residential curtilages. The scheme shall also include: (a) Details of the treatment trains to be incorporated (b) Details to show the outflow from the site is limited to the maximum allowable rate, i.e. greenfield site run-off (c) Design details of the proposed balancing ponds, including cross- sections and plans. This includes all connections to any receiving watercourse. The details for each part or phase must be consistent with the principles of the flood risk assessment dated 28 May 2014 reference A081410 and the details approved pursuant to conditions 37, 38, 39 and 40 above. No building shall be occupied until the approved surface water drainage details for that building have been completed in accordance with the approved details. Reason: To promote sustainable development, secure proper drainage and to reduce the risk of flooding and pollution, in compliance with
Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
43. Prior to the commencement of each phase or part phase of the development hereby permitted, a sustainable drainage maintenance and management plan for the lifetime of that phase or part phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include arrangements for permanent adoption by a SuDs approving body, Statutory Authority or other relevant party of any sustainable drainage features including any outfalls into local watercourses, structures, ponds and bridges. Each phase shall be completed, maintained and managed in accordance with the approved details. Reason: To prevent flooding and pollution, in compliance with Policies S2, S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.
Proactive Statement
Application Approved Following Revisions
The Local Planning Authority had acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority had been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
The meeting closed at 5.30 pm