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Thursday 17 November 2016 Development Panel Will meet on Tuesday 29 November 2016 at 1.00 pm in Council Chamber, House

Membership:

Councillor Peter Bales (Chairman)

Councillor Carole Armstrong Councillor Nicky Cockburn Councillor Adrian Davis-Johnston Councillor Janet Farebrother Councillor Malcolm Grainger Councillor Mark Jenkinson Councillor Billy Miskelly Councillor Ron Munby Councillor Jim Osborn Councillor Bill Pegram Councillor David Wilson

Members of the public are welcome to attend the meeting. If you have any questions or queries contact Dean Devine on 01900 702556. Agenda

1. Apologies for Absence 2. Declaration of Interests Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct. 3. Questions To answer questions from Councillors and members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting. 4. 2/2016/0606 - Provide new tourist accommodation - Melbreak Hotel, Winscales Road, Little Clifton, - Provide new tourist accommodation, this will be in the form of a touring caravan park and static camping pod area, with associated parking and sanitary facilities (Pages 1 - 12) http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=1 48258 5. 2/2016/0668 - Two holiday cottages - Ellen Hall, Gilcrux, Wigton - Demolition of disused barn and change of use of land to incorporate two holiday lodges (resubmission of 2/2016/0364) (Pages 13 - 22) http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=1 49484

Chief Executive

Date of Next Meeting Tuesday 20 December 2016 at 1.00 pm Council Chamber, Allerdale House Agenda Item 4

Allerdale Borough Council Planning Application 2/2016/0606

Proposed Provide new tourist accommodation, this will be in the form of a Development: touring caravan park and static camping pod area, with associated parking and sanitary facilities Location: Melbreak Hotel Winscales Road Little Clifton Workington Applicant: Mr Ian Hughes Melbreak Hotel Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Principal of Policy S17 ALP states that new visitor accommodation will be caravan and lodge supported in the Principal, Key and Local Service Centres. development Tourism accommodation in the open countryside will only be supported where it forms part of a farm diversification scheme or constitutes an extension to, or upgrade of, an existing facility. The development is considered to form an ancillary extension to the tourist accommodation associated with the Melbreak Hotel. Design, Layout, and Acceptable design, materials siting and layout for the caravan sites Materials and the camping pods. Drainage Surface water will be discharged via a sustainable urban drainage scheme (SUDS) to an attenuation tank. The outflow will be restricted to existing run off levels to a local water course. The detailed surface water drainage details can be secured by planning condition.

Foul drainage will be connected to the mains. Highways No adverse impact from a highways point of view; subject to planning conditions. Contamination Contamination remediation can be secured by planning condition

Ecology No adverse impact on local habitats or species.

Landscape Limited adverse impact on landscape character due to the modest scale of the development, the screening by topography of the locality and screening from existing and proposed hedgerows and trees.

Page 1 Proposal

To develop new tourist accommodation to the north west of the existing Melbreak Hotel, Crossbarrow, Workington in the form of a touring caravan park and a static camping pod area, with associated parking and sanitary facilities.

The site area is 1.075 hectares and will be divided into two zones. The caravan park element will take up 0.502 hectares providing 14 pitches with associated parking and amenity areas. The camping pod area amounts to 0.478 hectares and will house 20 separate camping pods. Sanitary and washing facilities will be contained in a separate building and 20 car parking spaces will be provided, one for each pod. The caravan park will be screened from the existing hotel by an established hedgerow. It is proposed that along the boundaries extensive new tree and shrub planting will also be carried out. Site

The application site comprises an agricultural field on the northern periphery of the applicant’s existing hotel complex, with boundaries abutting both the A66 and the A595 highways.

The site lies in rolling countryside at an altitude of 112 metres OD in the area of higher land between the Lostrigg Beck valley to the east and the land sloping westward down towards the coastal plain of Workington. To the north land falls away gently to the A66 Clifton bypass, however the A66 is screened by banking and planting.

The majority of fields are grassland and interspersed throughout the area by woodland. Coniferous shelter belts are a feature within the immediate vicinity of the site, planted following restoration work after the demise of open cast coal mining.

The field pattern is fairly square with straight boundaries, hedges and fences. There are sections of rougher land and overhead power lines and the wind farm impacts on the landscape to the south west of the site.

The main roads that cross the higher ground to the south (A595) and to the north of the site is the route of the A66. The site access will be via the existing hotel entrance off a spur from the A595. Relevant Policies

The National Planning Policy Framework includes the following relevant chapters: 1. Building a strong, competitive economy 2. Supporting a prosperous rural economy 4. Promoting sustainable transport 7. Requiring good design 11. Conserving and enhancing the natural environment

The adopted Allerdale Local Plan (Part 1 ) includes the following planning policies which are material planning considerations:

Policy S1 - Policy Presumption in Favour of Sustainable Development Policy S2 - Sustainable Development Principles

Page 2 Policy S4 - Design Principles Policy S14 - Rural Economy Policy S17-Tourism, Coastal and Countryside Recreation Policy S22 - Transport Principles Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding Amenity Policy S33 - Landscape Policy S35 - Protecting and Enhancing Biodiversity and Geology Policy DM14 - Standards of Good Design PolicyDM17 -Trees, Hedgerow and Woodland

Relevant Planning History

2/2011/0766 - Proposed layout of site and change of use to allow siting of 60 log cabins (to replace extant permission 2/2005/0517). Approved

2/2005/0517 - Proposed layout of site and change of use to allow siting of 60 log cabins. Approved. This application was submitted alongside an enhanced outline application 2/2005/0515 for a leisure building for the hotel, plus a detailed application 2/2005/0516 for a 42 bedroom annexe to the existing hotel bedroom annexe block. 2/2004/0746 - On the southern edge of the site was approved for a function suite and ancillary car park for the hotel.

2/1996/0190 - Outline application for a petrol filling station, lorry park and related accommodation (lapsed). Representations

The application has been ‘called in’ to Development Panel by Cllr Tibble due to concerns relating to surface water drainage and possible impact on properties at , and surface water issues between the hotel and the A66 and the extent of the proposed development.

Little Clifton Parish Council - Objection on the grounds that there will be an increase in surface water run-off to Lostrigg Beck. This will increase the risk of flooding to properties which have suffered flooding during in the past. There will be excess water run-off from the paths on the site and that permeable paths should be considered.

Environmental Health - No objections subject to planning conditions regarding contamination and informatives.

Environment Agency - No objections

County Planning - No representations received

Cumbria Highways – No objections subject to planning conditions

Highways England - No objections

Fire Officer - No representations received

Page 3 Constabulary - No comments

Cumbria Wildlife - No representations received to date

The Coal Authority - No objections. Coal Authority Informative

Access Officer - No objections

The application has been advertised on site, within the local press and adjacent properties have been notified. 6 number of emails/ letters have been received expressing the following concerns:

- Concern about foul drainage disposal and capacity in the locality and there is a river at the end of the field which runs into Bridgefoot and this floods regularly and there is concern the development will aggravate it; - The ditch on the south western boundary has not been maintained and there is flooding on adjacent fields; - Excess water would run off into Kirkbeck and Lostrigg Beck and down into Bridgefoot. These water courses are already beyond the limit during storm conditions; - The development should not affect existing hedgerows; - Concern about visitors walking dogs in adjacent fields where there is livestock; - There is rubble on the main drain; - Neighbour requests a fence to screen the development and protect adjacent livestock; - Neighbours do not want litter on land from nearby bins serving the development; - Extra volume of traffic may require upgrade of the A595 and a filter lane as there have been several accidents;

Assessment

Principle - Policy S17 of ALP (Part 1) adopted July 2014 sets out that a strategic priority of the Local Plan is to promote economic growth by supporting key tourism activities to include the improvement of accommodation. The Council will seek to promote and diversify the tourism economy whilst prioritising the conservation and protection of sensitive landscapes, habitats, species and biodiversity. Policy S17 acknowledges that tourism accommodation can be supported in locations where it has no significantly harmful impact (directly or indirectly) on the countryside or coast in terms of landscape quality or ecological/ biodiversity value, and is of an appropriate scale and design if under S17 (d) forms part of an extension proposal for an existing hotel or guest house and will enhance and maintain the viability of the business. The development is considered to be an ancillary enhancement of the holiday accommodation associated with the Melbreak Hotel. It is also noted that the site already benefits from a previous consent for 60 lodges on a larger footprint area 2 /2011/0766 refers for the siting of 60 log cabins (to replace extant permission 2/2005/0517).

Layout and design - The extended tourist accommodation to provide a caravan site (14 pitches) and camping pods (20 units) will be sited to the north of the existing hotel

Page 4 complex and will be served off the existing vehicular access arrangements which serve the hotel.

The caravan pitches are closest to the hotel but screened by an existing hedgerow and the plots will be situated adjacent to a proposed one way access loop road. Individual pitches will be defined by indigenous planting and the caravan parking area and parked vehicle area will have a permeable surface.

The vehicular loop road will also provide the access to the camping pod car park and beyond this to the north of the site the camping pods will be accessed from a further circular track around a central landscape area. The track will also provide access to the toilet and washing facilities and the majority of the path will be of a permeable surface. A small part of path will be sealed and impermeable with level access between pods 1 and 2 and the toilet block to comply with building regulations. The camping pods are modest in scale and due to the external timber finishes will blend into the rural locality.

External materials and design - The camping pods will be finished in Decra shingles, with timber gable ends. They have French doors leading to a decking area and have a rear window. Each pod can accommodate two people and they are of modest scale. A landscaping scheme is presented between pods and this can be secured by planning condition. The toilet and washing block will be finished in timber cladding with concrete roof tile. Landscape - The hotel and site are in an area that lies within landscape character type sub type 5a Ridge and Valley of landscape type 5, ‘Lowland’ as defined in the , Cumbria Landscape Classification 1995. The landscape sub-type is described as open landscape with regular medium to large pasture and occasionally arable fields. These are characterised by a topography that rises gently to high wide ridges with long views, or falls to small narrow valleys.

In terms of landscape impact, the proposed development is of a low density and is of a modest scale. With the existing and proposed screening it will have a low impact on the immediate surrounding area in terms of visual amenity with a minimal impact on the landscape character of the area. In the medium distance, parts of the site will be glimpsed from a general south easterly direction but from the west and north the views will be limited by the intervening raised topography and the landscaping that screens the A66.

Directly south the development would be screened by the Melbreak Hotel and the site is screened by hedgerow along the southern boundary of the site. Neighbouring properties to the southwest at Crossbarrow Hall will be screened from the site by hedgerow and additional planting. Beyond the A595 the ground falls away to the wooded Lostrigg beck, with the villages of Bridgefoot and Little Clifton beyond. From the west there are extensive agricultural fields that shield the development from the A66 users.

Landscaping Scheme - The proposed planting of new hedges will be of native species and there will be the establishment of mixed grass and wildflower areas. Landscaping of the boundaries will reduce the visual impact of the development and will assist in the screening of noise from nearby roads.

Page 5 Drainage - Foul drainage will be connected into the hotel system. The site is within flood zone 1. Submitted details show surface water will be taken to an existing outfall and will be attenuated to limit the surface water discharge rate and the technical details can be secured by planning condition. In response to concerns from objectors, the applicant is to submit further flood risk assessment details regarding the consideration of potential impacts from surface water flooding particularly off site and this shall be presented to Development Panel. However, it is acknowledged that a technical solution to mitigate and limit surface water flooding discharge off site can be secured by planning condition to safeguard surrounding properties from surface water associated with the development.

Amenity - Due to the screening surrounding the development (existing and proposed) and the distance from dwellings, the scheme is not considered to cause a visual impact or noise impact on nearby residents. A lighting scheme can be secured by planning condition to ensure light pollution in the locality is minimised in this rural location.

Ecology - No adverse impacts are envisaged from an ecological point of view and existing hedgerows will be further planted in order to provide additional habitats and provide screening from adjacent land uses.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act relate to Business tax revenue. Conclusion

The tourism development is considered to be acceptable as an ancillary expansion of the existing hotel facilities in compliance with Policy S1 - Policy Presumption in Favour of Sustainable Development , Policy S2 - Sustainable Development Principles, Policy S4 - Design Principles, Policy S14 - Rural Economy, Policy S17-Tourism, Coastal and Countryside Recreation, Policy S22 - Transport Principles, Policy S29 - Flood Risk and Surface Water Drainage, Policy S32 - Safeguarding Amenity, Policy S33 - Landscape, Policy S35 - Protecting and Enhancing Biodiversity and Geology, Policy DM14 - Standards of Good Design, Policy DM17 -Trees, Hedgerow and Woodland , subject to planning conditions as set out below to address matters of highway access, amenity, drainage, the potential for contamination, lighting and landscaping.

Page 6 Annex 1

Conditions/Reason

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: 4445 01 Rev A - Location plan 4445 02 Rev B - Proposed site plan received 10 october 2016 4445 03 - Proposed elevations and floor plans for toilet block 4445 04 - Proposed camping pod elevations and floor plans 444506A - Proposed landscaping plan received 10 October 2016 Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. 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 the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non- Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. The drainage scheme submitted for approval shall be in accordance with the principles set out in the planning statement proposing surface water discharging into sustainable drainage system/ watercourse. Unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed, maintained and managed in accordance with the approved details. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.

5. Prior to the commencement of the use of the site, details of the lighting scheme for the development (including siting and design), details of all lamps plus levels and hours of illumination shall be submitted to and approved by the Local Planning Authority. The lighting details should be

Page 7 solely implemented in accordance with the approved details. Reason: To safeguard the amenity of nearby residential properties from the operational use, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

6. Landscaping works shall be carried out in accordance with drawing number 4445 06 A reeived 10 October 2016. 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.

7. The landscapingscheme shall be maintained at all times in accordance with the approved landscape management plan drawing number 444506 A received 10 October 2016. Reason: To ensure the long term maintenance and management of public open space within the residential estate.

8. No development shall take place until a Construction MethodStatement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following:  Formation of the construction compound and access tracks and any areas of hard standing;  Cleaning of site entrances and the adjacent public highway;  The sheeting of all HGV’s taking spoil to/ from the site to prevent spillage or deposit of any materials on the highway;  Post-construction restoration/ reinstatement of the working areas.  A Construction Traffic Management Plan to include: The construction of the site access and the creation, positioning and maintenance of the associated visibility splays; Access gates will be hung to open away from the public highway no less than 10m from the carraiageway edge and shall incorporate appropriate visibility splays; Proposed accommodation works and where necessary a programme for their subsequent removal and reinstatement of street furniture and verges, where required along the route; The pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representattive; Details of all road improvement, construction specification, strengthening, maintenance and repair commitments if necessary as a consequence of the development; Retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; the management of junctions to and crossings of the public highway and other public rights of way/ footway.

The approved statement shall be adhered to throughout the duration

Page 8 of the development. Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and in the interests of highway safety.

9. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works commence within the controlled waters or the wider environment, all necessary site investigation works within the site boundary must be 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 their commencement. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

10.Should land affected by contamination be identified under the desktop study condition 9 following site investigations 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 during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

11.Should a remediation scheme be required under condition 10, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

12.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

Page 9 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 the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

13.The caravans/ camping podshereby approved shall be used for holiday let accommodation and for no other purpose (including any other purpose in Class C of the Schedule to the Town and Country Planning [Use Classes] Order 2015), or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification. Reason: The Local Planning Authority would wish to examine the use of the building other than for holiday accommodation to assess whether it would be acceptable in terms of location, access and amenity, having regard to the National Planning Policy Framework and Policy S17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

14.A bound register of all occupants of the holiday accommodation hereby approved shall be maintained at all times and shall be made available for inspection by the Local Planning Authority within 10 days of a request. The register shall comprise consecutively numbered pages which shall be kept in order, and each entry shall contain the name and address of the principal occupier together with the dates of occupation. Reason: The Local Planning Authority would wish to carefully examine the use of the building other than for holiday accommodation to assess whether it would be acceptable in terms of location, access and amenity, having regard to the National Planning Policy Framework and Policy S17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority has 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 has 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.

Notes to Applicant: Coal Authority Informative, Caravan Sites Informative.

Page 10 Page 11 Page 12 Agenda Item 5

Allerdale Borough Council Planning Application 2/2016/0668

Proposed Demolition of disused barn and change of use of land to Development: incorporate two holiday lodges (Resubmission of 2/2016/0364) Location: Ellen Hall Gilcrux Wigton Applicant: Mr Wayne Flower

Recommendation: REFUSE

Summary/Key Issues

Issue Conclusion

Siting Not considered acceptable due to flood risk

Design and Design and materials considered acceptable materials Residential amenity No significant effects on residential amenity

Access and parking No highways objections subject to conditions

Drainage A suitable scheme can be achieved

Flood Risk Unacceptable development within Flood Zone 3. Sequential test has not been satisfied.

Proposal

The proposal seeks permission for the erection of two timber holiday lodges at an existing holiday complex. The proposal would replace an existing modern agricultural building.

Site

The site is located within the open countryside and is 500m to the north of Gilcrux and 1.25km to the south of Oughterside.

Relevant Policies

National Planning Policy Framework

Building a strong, competitive economy

Page 13 Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy Promoting sustainable transport Requiring good design

Allerdale Local Plan (Part 1) July 2014

Policy S1 - Presumption in favour of sustainable development Policy S2 - Sustainable development principles Policy S3 - Spatial Strategy and Growth Policy S4 - Design principles Policy S14 - Rural economy Policy S17 - Tourism, Coastal and Countryside Recreation Policy S27 - Heritage Assets Policy S29 - Flood Risk and Surface Water Drainage Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy DM14 - Standards of Good Design

Relevant Planning History

2/2016/0364 – Demolition of agricultural building and change of use of land to incorporate two holiday lodges – Refused on flooding issues.

Representations

Call in by Councillor J Mounsey – Believes they have overcome previous reasons for refusal.

Parish Council – Support the application and consider the previous reason for refusal have now been overcome

Environment Agency – No comments given as the council has indicated that the sequential test has not been passed and that there is no requirement for them to consider Part C of the exception test.

Highways – No objections subject to conditions relating to the access and details of a flood evacuation plan.

The application has been advertised on site.

No representations have been received to date (10/11/2016).

Main Issues:

Permission was sought for the same development; however, this application was refused

Page 14 on flood risk grounds. This application provides supplementary information in relation to flood risk to support the sequential test.

The site as a whole has 7 holiday letting units in the form of converted barns plus owner’s accommodation.

The existing agricultural building is located directly on the banks of the Leathersgill Beck. The proposal would see the agricultural building removed and two holiday lodges placed on the cleared site. A veranda would be placed adjacent to the watercourse.

Drainage

A new treatment plant and soakaway would be installed to the north of the lodges, a garden area and parking would be provided adjacent to the buildings. The highway authority is satisfied that subject to improvements to the access the development is acceptable in this aspect.

Setting of Listed Building

Section 66 of the Planning (Listed Buildings and Conservation Areas ) Act 1990 states “In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”

The council therefore has a duty to have a special regard on developments which may affect the character or setting of the listed building. This development is considered not to have a significant impact upon the setting of the listed building given the design, materials, separation from the main listed building and the construction and materials of the existing agricultural building.

Scale and Materials

The scale of the proposal would be considered as a suitable small scale extension to the existing holiday use of the site and would be supported under policy S17 of the Allerdale Local Plan.

The lodges would be timber clad with a shingle roof; these materials are considered to be acceptable.

Residential Amenity

There would be no effects on the residential amenity of nearby residential properties or amenity of guests within the existing accommodation.

Rights of Way

A public footpath runs through the site entrance; this would not be affected by the development.

Page 15 Flood Risk

The application is accompanied by a flood risk assessment which indicates that the small watercourse rapidly responds to rainfall, so any flooding is likely to be a rapid onset with a short duration with little time for warning. The assessment indicates that there are no records of the property flooding from 1990. The property also suffers from surface water flooding from the adjoining highway which sits at a low point in the landscape.

The flood risk assessment indicates that by site appraisal, flood zone 3 extends to the front of the existing holiday cottages; however, the data the council hold from the environment agency shows the flood zone extending beyond these buildings into the field to the rear.

In terms of flood risk the existing agricultural barn is classified as a less vulnerable use with a holiday lodge being a more vulnerable use.

The site lies within Flood Zone 3, under the NPPF Meeting the challenge of climate change, flooding and coastal change Chapter 10 outlines that this development needs to be supported by a sequential and exception test as the site lies within Flood Zone 3. Although further information has been submitted to support the application in terms of the sequential test, the Council still consider insufficient evidence has been submitted as to why the development could not be sited on Flood Risk Zone 1 land in accordance with the objectives of NPPF, i.e. reducing the probability of flood risk.

The sequential test submitted with the application refers to the removal of the agricultural building and replacement with two holiday lets. The sequential test has identified other buildings within the applicant’s ownership; however, they have indicated that they are not suitable as they are in beneficial use, are not well related to the existing development, are located within flood zone 3, of insufficient size or are restricted by agricultural ties. The report also indicates that any land not within the applicant’s ownership or for sale within the locality would be too remote to the existing development.

The report outlines that there is no other land in the applicant’s control that can be used for this type of accommodation and the land in the applicant’s ownership that is at a lower risk of flooding has an agricultural tie. They also indicate that this area would not be suitable as it is too detached from the existing courtyard complex giving a poor relationship with the existing holiday business. No documentary evidence has been provided to indicate that the agricultural tie could not be removed.

In terms of the sequential test it is considered that the applicant has not sufficiently examined other land surrounding the site; they have simply indicated that other land not within the applicants control is not a realistic or viable option. No documented evidence to demonstrate that the land is not suitable or available has been submitted in relation to the agricultural land to the east of the site which is within flood zone 1 and is separated from the holiday complex by the watercourse; but, can be accessed by an existing route into the field.

Given that the sequential test requirement is not limited to just land within the applicants ownership, officers consider insufficient information has been submitted in relation to other areas of land surrounding the site demonstrating that other sites are not available

Page 16 or developable; therefore the Council consider that the application has failed the sequential test.

As the applicant has failed to satisfy the sequential test and the Council consider alternative sites at a lower flood risk are available, therefore, the exception test has not been undertaken.

The flood risk assessment concludes that the floor levels could be amended to ensure the development is not affected by flooding. The boundary of Flood Zone 3 identified on the Council’s mapping system (provided by the Environment Agency) covers the whole area of the agricultural building the existing holiday cottages and an area of ground to the rear of the cottages which is more extensive than identified within the flood risk assessment.

No evidence has been submitted to support the proposal to show the sites flood risk has been re-classified by the Environment Agency. Although the flood risk assessment highlights that the property has not flooded, even in the latest flooding incidents in 2015, this is no indication that the site could not suffer from flooding in the future. The report also indicates that some mitigation measures could be put in place such as raising ground levels, orientation and position of lodges in order to address some of the flood risk; however, officers do not consider these measures would be sufficient and would not alter the fact that the site is located within flood zone 3.

The proposal would see the proposed lodges raised on stilts as a flood prevention measure to raise the floor level to that of the existing holiday cottage; however, these cottages are also located within flood zone 3. Officers have concerns in relation to this aspect as a flood prevention measure.

The only access and egress from the site is within flood zone 3 and therefore a satisfactory means of escape route in a lower flood zone could not be achieved.

Although there would be some reduction in the roof space there is no evidence that his would remove the area from flood zone 3. No modelling has been undertaken to contest the existing flood zones or show accurate proposed levels.

Other issues

The site would be covered by the regulations set out within the caravan site licencing which are dealt with by the Council’s Environmental Health team; therefore, any site details in terms of health and safety and precise separation distances would be dealt with under the licence.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the following local finance considerations is relevant to the consideration of the application. There will be benefits arising from the scheme through business rates revenue; however, this is of little weight in judging the overall planning merits of the current scheme.

Page 17 Conclusion

The Council consider that the application has not demonstrated that alternative sites within the locality and at a lower flood risk are not available for development and therefore recommend that the application is refused.

Page 18 Annex 1

Reasons

1. The Local Planning Authority consider insufficient evidence has been submitted to demonstrate under a sequential test that, given the application site's status under land designated as Flood Zones 2 and 3, alternative sites with a lower probability of flooding could accommodate the proposed holiday lodge development. The proposal therefore is contrary to Policy S29 of the Allerdale Local Plan (Part 1) and Chapter 10 of the National Planning Policy Framework.

Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

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