DEVELOPMENT CONTROL AND REGULATION COMMITTEE 23 September 2003 A Report by the Head of Environment

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Application No 2/03/9031 District

Applicant United Utilities Parish Holme East Waver Dawson House Liverpool Road Date of Receipt 18 August 2003 Great Sankey, Warrington ______

PROPOSAL To install a permanent dosing plant building with associated access Land opposite Knowehill, off B5307, Raby Cote. ______

1.0 RECOMMENDATION

1.1 That planning permission is GRANTED subject to the conditions in Appendix 1:

2.0 THE PROPOSAL

2.1 The discharge from the trade effluent sewer did not meet the standard required by the Environment Agency. This sewer only carries effluent from UCB Films in Wigton to the discharge point on the Solway Estuary near Raby Cote. To investigate possible methods for improving the effluent to the required standard, United Utilities installed a temporary dosing facility to add hydrogen peroxide to the effluent before it was discharged. This has proven to be successful and permission is now sought for a permanent facility. The temporary facility was permitted development.

2.2 The site is approximately 1 km to the north east of Abbey Town on the road to . It is close to the River Waver which feeds into the Solway Estuary. It would be opposite “Knowehill” a complex of farm buildings.

2.3 The current arrangement comprises a securely fenced compound area containing two pumps, a control panel, 3 bunded chemical tanks and associated pipework. The whole site is currently surrounded by an electric fence. This would be replaced with a post and wire stock proof fence. There is also a stone access with a turning head and a second gateway.

2.4 The application seeks permission for a control/ plant building, an improved access and a stock proof fence around the site. The new building would be 11m x 11m and 6.5m to the apex of the roof. It would be constructed from brick with a natural slate roof to complement existing buildings across the road. It would contain all of the required plant equipment and provide bunded chemical storage. Any louvres or air bricks required would be located on the north or east walls to minimise visual impact. It is also proposed to plant a hedge immediately to the north and west of the building.

2.5 Access from the road would be via an existing field gateway. The gate itself would be removed so that vehicles visiting the site or surrounding fields could pull off the highway without having to stop close to the bend to open it. The site is currently visited fortnightly for chemical deliveries and every other day by an operative from United Utilities to adjust the dosing rate and check the equipment. It is envisaged that a permanent facility would reduce the numbers of chemical deliveries to one every six weeks and the number of staff visits to one per fortnight.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Allerdale District Council –.No objections subject to:

i No objections from the Highway Authority to the proposed access

ii Provision of additional landscaping on the western boundary to screen the building from the open countryside.

3.2 Highway Authority – comment that the existing access is significantly below current highways standards with regard to junction layout, road width and visibility and is considered to be unacceptable for reasons of road safety. Refusal is recommended on the following grounds:

“1 The existing access by which vehicles associated with the proposal would leave and rejoin the highway is unsatisfactory since the required visibility of 4.5m x 90m cannot be achieved at the junction with the highway, and therefore in the opinion of the Local Planning Authority, the intensification of use which would result from the proposed development is unacceptable in terms of highway safety.

2 The Local Planning Authority considers that the access road serving the site of the proposed development is inadequate by reason of junction layout and width and its effect on local traffic conditions and public safety to accommodate the likely increase in traffic”

3.3 Holme East Waver Parish Council, Holme Abbey Parish Council (adjoining parish) & the Environment

Agency had not replied at the time the report was written.

3.4 The Local Member, Mr Fairbairn and the adjoining Member, Mr Allison, have been notified of this application.

3.5 No letters of representation had been received at the time this report was written.

4.0 PLANNING ASSESSMENT

4.1 This development is required to treat industrial wastewater to an appropriate standard. This need is recognised and supported by Policy 60 of the Minerals and Waste Local Plan. The effluent complies with the discharge consent at the factory but due to deterioration in the sewer does not meet the required standard when discharged to the River Waver. This dictates that the dosing facility be located close to the point of discharge (rather than on the factory site). The applicant has examined other possible locations but has concluded that this is the most favourable.

4.2 The site lies within an area designated as County Landscape. However, the development is required to meet local infrastructure needs and would be well screened from the road and from other directions by existing hedges. The proposed hedge planting would help assimilate the facility into the surrounding landscape.

4.3 In respect of the comments of the Highway Authority, post construction traffic levels, as indicated above would be lower than those associated with the temporary facility and are considered to be commensurate with its existing use as an agricultural access. The lie of the land and alignment of the road dictate that there is no better position in the immediate vicinity to provide access to the site. In order to demonstrate that the access could be used safely a traffic analysis report was supplied with the application. This indicated that despite the speed limit being 60 mph no vehicles were recorded at (or above) that speed in either direction. The average speed was 29 mph and at its busiest there was, on average, a 50 second gap between vehicles. The report also indicates that the average number of vehicles using the road in a day is in the order of 300 to 350.

4.4 The applicant has agreed to erect a permanent warning sign on the approach from Abbey Town and the proposed removal of the gate would allow vehicles to pull off the road directly. Even though the gateway does not fully meet the standards that would be required of a new one, given the low intensity of the proposed use and the ameliorative measures proposed, in this case I do not consider highway safety to be unduly compromised.

4.5 In all other respects the location, siting and design are considered acceptable and approval is recommended.

Human Rights Act 1998

4.6 The proposal would have a limited impact on the visual amenity of the area. Any impacts on the rights of local property owners to a private family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are proportionate to the wider social and environmental interests of the community.

Shaun Gorman Head of Environment

Contact

David Baynham-Hughes, Kendal, tel. 01539 773424

Background Papers Planning Application File Reference No. 2/03/9031

Electoral Division Identification

Mr D S Fairbairn, Bowness, Thursby and Caldbeck

Adjoining division

Mr R W Allison,

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APPENDIX 1 DC&R COMMITTEE – 23/09/03 FILE REF. NO. 2/03/9031

PROPOSED SCHEDULE OF CONDITIONS

1. The development hereby permitted shall commence within five years of the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended.

2. The development shall be carried out in accordance with the approved documents, hereinafter referred to as the approved scheme. Any variation to the approved scheme shall be submitted to and approved by the Local Planning Authority prior to being carried out.

Reason: To ensure that the site is developed in accordance with the approved scheme

3. Prior to any development being carried out on site a scheme detailing the species mix for the proposed landscape planting along northern and western site boundaries planting shall be submitted for the written approval of the Local Planning Authority and when approved implemented in the first planting season following construction.

Reason: To minimise visual impact in accordance with Policy 12 of the Cumbria and Lake District Joint Structure Plan.

4 All trees and plants planted in accordance with the landscaping planting scheme shall be protected managed and maintained. Any trees or plants that die or become seriously damaged or diseased within 5 years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed with the Local Planning Authority.

Reason: To secure the satisfactory establishment of the hedge and tree planting in accordance with policy 22 of the Cumbria Minerals and Waste Local Plan.

5 Prior to any development being carried out on site a scheme for the erection of a permanent sign warning other road users of the entrance to the site shall be submitted for the written approval of the Local Planning Authority and when approved implemented prior to the completion of construction works.

Reason: To warn other road users of the entrance to the site in accordance with policy 1of the Cumbria Minerals and Waste Local Plan.