Agenda Document for Planning Committee, 04/12/2018 14:30

BOROUGH OF BARROW-IN-FURNESS

PLANNING COMMITTEE

Meeting, Tuesday, 4th December, 2018 at 2.30 pm (Drawing Room)

Site Visits

2018/0732 – Chapel Hills, Oak Lea Road, Barrow-in-Furness

Depart Town Hall Courtyard at 1.15p.m.

A G E N D A PART ONE

1. Urgent Items

To note any items which the Chairman considers to be of an urgent nature.

2. Delegations

To receive notice from Members who may wish to move any delegated matter non-delegated and which will be decided by a majority of Members present and voting at the meeting.

3. Admission of Public and Press

To consider whether the public and press should be excluded from the meeting during consideration of any of the items on the agenda.

4. Declarations of Interest

To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda.

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting).

Members may however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

5. Apologies for Absence/Attendance of Substitute Members. 6. Confirmation of Minutes 3 - 20

To confirm the Minutes of the meeting held on 6th November, 2018.

7. Delegated Approvals - For Information 21 - 38

FOR DECISION

(D) 8. Planning Applications 39 - 108

(D) 9. Deferred Application 109 - 160

NOTE (D) – Delegated (R) – For Referral to Council

INVITATIONS TO SPEAK TO THE COMMITTEE (2.30p.m.)

2018/0732 – Chapel Hills, Oak Lea Road, Barrow-in-Furness

Membership of Committee

Councillors Thomson (Chair) Thomson (Vice-Chair) Blezard Derbyshire Gawne Husband McEwan Cllr Mcleavy Murphy Cllr Murray Seward Thurlow

For queries regarding this agenda, please contact:

Paula Westwood Democratic Services Officer (Member Support) 01229 876322 [email protected]

Published: Monday, 26th November 2018 Agenda Item 6

Page 3 PLANNING COMMITTEE

Meeting: Tuesday 6th November, 2018 at 2.30 p.m. (Drawing Room)

PRESENT:- Councillors M. A. Thomson (Chair), C. Thomson (Vice-Chair), Blezard, Gawne, Husband, McEwan, McLeavy, Murphy, Murray, Sweeney and Thurlow.

Officers Present:- Jason Hipkiss (Development Services Manager (Planning)) Charles Wilton (Principal Planning Officer), Paula Westwood (Democratic Services Officer - Member Support) and Sandra Kemsley (Democratic Services Officer).

196 – Declarations of Interest

Councillor Gawne declared an interest in any matter relating to Cumbria County Council as he was a Member of that Council.

Councillor McEwan declared an interest in any matter relating to Cumbria County Council as he was a Member of that Council. He also declared an interest in Planning Application No. 2018/0553 - Land at Dova Way, Barrow-in-Furness (Minute No. 233) as the applicant was well known to him.

197 – Minutes

The Minutes of the meeting held on 2nd October, 2018 were taken as read and confirmed.

Town and Country Planning Acts

The Assistant Director (Regeneration and Built Environment) submitted for information details of planning applications in this report which he had determined under delegated authority (Minute No. 254, Planning Committee, 3rd September, 2002, confirmed by Council 24th September, 2002). The decisions are reported for your information. The plans recommended for approval under the Town and Country Planning Acts will be subject to the standard conditions referred to in Minute No. 208 (April 1971) of the Plans Sub-Committee, Barrow-in-Furness, County Borough Council, in addition to any conditions indicated hereunder. Applications with a (P) beside the applicant’s name denotes those applications that were reported to the Planning Panel.

RESOLVED:- (i) To note the decisions made under the Town and Country Planning Act 1990 (as amended) as follows:-

198 2017/0454 Application for approval of details reserved by Condition No. 4 (Car Park Strategy) of planning permission 2015/0422 - (Extensions to the New Assembly Shop (NAS) and associated infrastructure) at BAE Systems, Bridge Road, Barrow-in- Furness. Agenda Item 6

Page 4 199 2017/0455 Application for approval of details reserved by Condition No. 7 (Car Park Strategy) of planning permission 2015/0417 (Paint Facility with associated construction compound, infrastructure and related works) at BAE Systems, Bridge Road, Barrow-in- Furness.

200 2017/0456 Application for approval of details reserved by Condition No. 7 (Car Park Strategy) of planning permission 2015/0179 (Extension to Devonshire Dock Hall, to comprise of two new buildings, link corridor, new gate house, security gate, alterations to site access, cycle shelters, security fencing and associated hard landscaping, infrastructure and related works) at BAE Systems, Bridge Road, Barrow-in-Furness.

201 2017/0457 Application for approval of details reserved by Condition No. 7 (Car Park Strategy) of planning permission 2016/0013 (Variation of Condition No. 3 of planning permission 2015/0363 (Central Yard Complex with associated site infrastructure and related works) to include ‘Piling Operations’ as an exempted activity) at BAE Systems, Bridge Road, Barrow-in-Furness.

202 2018/0614 Application for a Certificate of Lawfulness of Proposed Use or Development (CLOPUD) to allow for the concreting of an existing hardcore yard area adjacent to an agricultural building on Land adjacent to agricultural building, Parkhouse Road, Barrow-in-Furness.

203 2018/0636 Extension to the rear and side of property forming a living area, bedroom and utility room at 9 Dendron Close, Dalton-in- Furness.

204 2018/0639 Rear living room extension to replace existing conservatory at 39 Dundee Street, Barrow-in-Furness.

205 2018/0522 Approval of details reserved by Condition No. 12 (Compensatory planting of trees) for planning permission 2017/0628 (Construction of temporary operations and maintenance (O&M) Heliport facility on Land off Sandscale Park adjacent to Partylite Manufacturing Ltd, Park Road, Barrow-in-Furness.

206 2018/0518 Proposed two storey extension, single storey extension and canopy to the Emergency Department to provide additional clinical accommodation, plant space and Ambulance Canopy at Furness General Hospital, Dalton Lane, Barrow-in-Furness.

207 2018/0523 Erection of a boundary wall up to 1.8 metres high at 1 Pennington Close, Dalton-in-Furness. Agenda Item 6

Page 5 208 2018/0592 Side extension (to west elevation) to provide a sun room at Paddock View, Woodbine Lane, Newton-in-Furness.

209 2018/0526 Replacement timber shopfront and installation of replacement timber casement windows at first and second floor at 151 Market Street, Dalton-in-Furness.

210 2018/0851 Amendment of existing internal refuse store to become and external refuse store at 52 Manchester Street, Barrow-in- Furness.

211 2018/0599 Application for removal of Condition No. 2 (garage to be for vehicle parking only) of planning permission 2988/0394 (Erection of 10, 4 bedroomed detached houses) to allow for the garage to be converted into an enlarged kitchen/dining area and store (Retrospective) at 16 Woodland Park, Barrow-in- Furness.

212 2018/0600 Construction of a new building (C43 Annex) to house electrical equipment (Rotary Frequency Converter) at Building C43 Annex at BAE Systems, Bridge Road, Barrow-in-Furness.

213 2018/0547 Refurbishment and alterations to existing car showroom/garage including small front extension and new roller shutter doors at Furness Park, Abbey Road, Barrow-in-Furness.

214 2018/0567 Demolition of existing porch, garage and utility room; construction of new single storey front, side and rear extensions to form enlarged kitchen/diner, utility room, shower room and play room at 6 Severn Road, Barrow-in-Furness.

215 2018/0037 Discharge of Conditions No. 11 (Highway Construction details), No. 13 (Landscaping Scheme), No. 14 (Exceedance Route Measures and No. 15 (Foul and Surface Water Drainage Details and Phasing) for planning permission 2016/0126 – Residential Development of 13 dwellings at Hayeswater Drive, Cemetery Hill, Dalton-in-Furness.

216 2018/0587 Retrospective application for a detached garage at 2 Long Lane, Dalton-in-Furness.

217 2018/0589 Conversion of existing garage into W.C. and store, single storey front extension to form enlarged living room. Single storey rear extension to form extended kitchen, dining and living area, with internal alterations. Additional off street car parking space to the front of the dwelling at 17 Keppelwray Drive, Barrow-in-Furness. Agenda Item 6

Page 6 218 2018/0604 Double storey side extension to provide kitchen extension and utility room to ground floor and bedroom with en-suite on first floor at 59 Friars Lane, Barrow-in-Furness.

219 2018/0613 First floor side extension over garage to form two additional bedrooms and en-suite at 11 Sandalwood Close, Barrow-in- Furness.

220 2018/0588 Variation of condition no 3 (Lighting) for planning permission 2017/0732 (Construction of a Menage 50 metres x 30 metres (Equestrian Exercise Area) enclosed with a timber post and rail fencing) to allow the menage to be floodlit when in use over the winter period and tannoy/loud speaker to remain as not permitted on Land at Park Road, Barrow-in-Furness.

221 2018/0542 Erection of a detached outbuilding (store) at 9 Lichfield Close, Barrow-in-Furness.

222 2018/0355 Listed Building Consent for re-siting of front downpipe, painting of front (east) and rear (west) elevation, replacement of timber windows to rear (north and west) elevations with white-painted double-glazed timber windows and replacement stair balustrade(amended description) at 3 Castle Street, Dalton-in- Furness.

223 2018/0555 Approval of details reserved by Condition No. 6 (external materials for construction of building and hard surfaces) & Condition No. 13 (Sustainable drainage management and maintenance plan) for planning permission 2016/0582 – Demolition of former police station. Erection of a new 127 bed hotel and restaurant, with associated parking, delivery area and hard landscaping. The proposal includes an interim phased completion (Phase 1) of 111 beds at Former Police Station, Market Street, Barrow-in-Furness.

224 2018/0561 Single storey rear extension forming kitchen and family room at 20 Eskdale Drive, Dalton-in-Furness.

225 2018/0541 Conversion of coach-house outbuilding forming two dwellings at Ancillary Building at 2 Rawlinson Street, Barrow-in-Furness.

The following applications were refused:-

226 2018/0521 Demolition of part built house and re-siting it further back (approx. 3600mm) at 21 Elkstone Avenue, Barrow-in-Furness.

227 2018/0564 Erection of a second storey rear extension consisting of a master bedroom at 24 Fell Croft, Dalton-in-Furness. Agenda Item 6

Page 7 228 2018/0582 Change of use of agricultural land to domestic garden, erection of a summerhouse on existing building base and erection of a wall and fence along the road facing boundary at Home Farm, North Scale, Barrow-in-Furness.

229 2018/0492 Application for works to trees subject of Tree Preservation Order 1972 No.1 - Fell Sycamore T1, Crown reduce Sycamore T2 by 3 metres, Crown reduce Lime by 30% T3, Fell Lime T4, Fell Sycamore T5, Crown reduce 30% Sycamore T6, Fell Sycamore T7 and tidy up by grinding Stumps below ground at former site of T8 at 14 Chetwynde Park, Barrow-in-Furness.

Town and Country Planning Acts

The Development Services Manager (Planning) reported on the following planning applications:-

230 – Arthur Street/Marsh Street, Barrow-in-Furness

From Gleeson Regeneration Ltd in respect of the erection of 58 residential dwellings, consisting of 2, 3 and 4 bedroomed properties with associated works at Arthur Street/Marsh Street, Barrow-in-Furness as shown on plan number 2018/0507.

The results of consultations were reported.

The Committee’s attention was drawn to the revised wording of the recommendation as produced in Planning Application Book 3 for decision along with the detailed draft conditions included in the Extra Information Booklet, and it was

RESOLVED:- It was unanimously agreed that:-

(A) That upon completion of suitably worded 106 Obligations (which may be a unilateral undertaking) to secure:

(i) The maintenance of the public open space and storm water storage tank; and

(ii) A contribution of £7,200 to Cycle Route ID 1 [Barrow Transportation Study 2016], then

(B) Planning consent be granted, subject to the following draft conditions as detailed in the Extra Information Booklet which had been circulated prior to the meeting with the final wording being delegated to the Planning Manager as follows:-

1. The development must be begun not later than the expiration of three years beginning with the date of this permission. Agenda Item 6

Page 8 Reason

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in all respects in accordance with the application dated 10/07/2018 as amended and the hereby approved plans and documents defined by this permission as listed below, except where varied by conditions attached to this consent:

Planning Layout dwg ref 1071/2c House types 201/1F, 212/1, 301/1G, 304/1E, 307/1B, 309/1E, 314/1, 405/1E Aggregate Drive Detail dwg ref SD172 rev G Garage details dwg ref SD703 rev B Garage details dwg ref SD700 rev A Boundary details dwg ref SD103 rev B Boundary treatments dwg ref SD100 rev D Drainage Assessment prepared by D. Wright dated July 2018 Ground Gas Addendum letter ref C7620/7127/APC/APC, dated 1st October 2018 Strategy for Remedial Works ref C7620A dated 14th August 2018 Section 38 Plan dwg ref D800 rev A Refuse vehicle tracking plan dwg ref D902 Private drive tracking dwg ref D903 Lantern layout Urbis Schreder Outdoor Lighting Report Urbis Schreder Kerbs and surfacing dwg ref D500 Rev A Proposed levels D100 rev A

Reason

In order to link the permission to the submitted application.

3. Prior to the commencement of development a Construction Management Method Statement will have been submitted to and approved in writing by the Planning Authority and which shall address the following:

Details of phasing of the construction work including a programme of work for the construction phase;

A Traffic Management Plan to include all traffic associated with the development, including site and staff traffic;

Procedures 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 plant, machinery, vehicles and deliveries, with reference to BS 5228 - Code of practice for noise and vibration control on construction and open sites. All Agenda Item 6

Page 9 measurements should make reference to BS 7445 - Description and measurement of environmental noise;

Hours of working and deliveries;

Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, dust and light pollution;

Mitigation measures to control the emissions of dust and dirt during construction and demolition;

A written procedure for dealing with complaints regarding the construction or demolition; A site log book to record details and action taken in response to exceptional noisy incidents or dust-causing episodes. It should also be used to record the results of routine site inspections;

Details of lighting to be used on site;

Mitigation measures to ensure that no harm is caused to protected species during construction;

The provision of facilities for the cleaning of vehicle tyres where haul routes meet the public highway to avoid deposition of mud/debris on the public highway and the generation of dust; and

Parking of vehicles engaged in construction operations associated with the development hereby approved.

Reason

To give effect to the consultation responses including Public Protection dated 26/07/2018 and in the interests of minimising the impact upon local environmental amenities of the locality.

4. The drainage for the development hereby approved shall be carried out in accordance with the principles set out in the submitted Drainage Assessment dated July 2018, and which limits the discharge of surface water into the surface water sewer at a maximum flow rate of 6.5 l/s for any storm event. The development shall be carried out in accordance with the approved details.

Reason

To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere. To give effect to the consultation response dated 13/08/2018 from United Utilities. Agenda Item 6

Page 10 5. Prior to any occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

a. Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and

b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason

To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development. To give effect to the consultation response dated 13/08/2018 from United Utilities

6. The carriageway, footways and footpath links including street lighting shall be shall be completed in accordance with the details approved under condition 2 above prior to the occupation or substantial completion of the 29th dwelling.

Reason

To ensure a minimum standard of construction in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7, LD8. To accord with saved policy E2. To give effect to the consultation response dated 10/08/2018 from Cumbria County Council as highway authority

7. No dwelling hereby permitted shall be occupied until the vehicular access, parking and turning requirements to serve that particular dwelling have been constructed in accordance with the approved plan and has been brought into use. The vehicular access 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 provision when the development is brought into use.

8. The site shall be remediated in accordance with the Strategy for Remedial Works ref C7620A and no dwelling shall be occupied until a Verification Agenda Item 6

Page 11 Report for that plot has been submitted to and approved in writing by the Planning Authority.

Reason

To give effect to the Strategy for Remedial works ref C7620A. To give effect to the consultation response from Public Protection dated 17/09/2018. To secure the adequate remediation of the site.

9. No soil material is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material should be submitted to and approved by the Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out as per the agreed methodology with verification of its completion submitted to and approved in writing by the Planning Authority.

Reason

To ensure that risks from land contamination to the future users of the land, and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with Saved policy 056 of the Local Plan Review 1996-2006 and policy C4 in the Local Plan pre submission draft.

10. 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 Planning Authority. Development on the part of the site that is affected must be halted and Field Investigations shall be carried out and the results submitted to and approved in writing by the Planning Authority. These shall be implemented prior to occupation of that part of the development.

Reason

11. That in relation to plots 5 to 10, (inclusive) 13 & 14 ground gas protection measures shall have been integrated into the foundation/floor construction Agenda Item 6

Page 12 in full compliance with Ciria C665 Table 8.6 (Reinforced concrete floor slab (suspended, non suspended or raft) with at least 1200g DPM and underfloor venting, all joints and penetrations sealed) and an independently prepared verification report by an appropriately qualified professional shall have been submitted to and approved in writing by the planning authority to that effect.

Reason

To give effect to the recommendations of Ground Gas Addendum letter ref C7620/7127/APC/APC dated 1st October 2018, to give effect to the consultation responses dated 9/10/2018 & 02/11/2018 from Public Protection (Barrow Borough Council),and in the interests of public safety.

12. No dwellings shall be occupied until the estate road including footways 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

In the interests of highway safety and to support Local Transport Plan Policies: LD5, LD7, LD8.

13. All driveways and private roads shall be of permeable surfacing.

Reason

To ensure that permeable areas are increased on the site and that runoff rates are decreased.

14. All planting, seeding or turfing comprised in the approved details of landscaping as shown on drawing ref 1071/2C shall be carried out in the first planting and seeding seasons following beneficial occupation of any part of the development, or in accordance with the phasing of the scheme as agreed in writing with the Planning Authority. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced by the landowner in the next planting season with others of a similar size and species, unless the Planning Authority gives prior written consent to any variation.

Reason

In the interests of the visual amenities of the area and to secure the landscaping element of the proposed bio diversity enhancements.

15. All vehicle parking spaces and the accesses thereto must be reserved for the parking of private motor vehicles and no permanent development, whether permitted by the Town & Country Planning (General Permitted Agenda Item 6

Page 13 Development) (England) Order 2015 (or any Order revoking or re- enacting that Order with or without modifications) or not, shall be carried out on that area of land in such position as to preclude vehicular access to the development hereby permitted.

Reason

To ensure that proper access and parking provision is made and retained for the use associated with the development hereby permitted.

231 – Abbey House Hotel, Abbey Road, Barrow-in-Furness

From Mr T. Kilroe, Abbey House Hotel in respect of the erection of single storey extensions to Cavendish Suite annexe, provision of detached wedding car garage and attached fence enclosure, extension to existing car park and provision of dedicated car parking area to serve Lodge and provision of two wedding marquees and associated landscaping and site works at Abbey House Hotel, Abbey Road, Barrow-in-Furness as shown on plan number 2018/0251.

The results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- It was unanimously agreed that planning permission be granted subject to the Standard Duration Limit and the following conditions:-

Compliance with Approved Plans

2. The development hereby permitted shall be carried out in all respects in accordance with the application dated as valid on 4.5.2018 and the hereby approved documents defined by this permission as listed below, except where varied by a condition attached to this consent:

Proposed Extension to Cavendish Suite-South West Elevation- Drawing No. 6130/06 Proposed Extension to Cavendish Suite-North West Elevation-Drawing No. 6130/05 Proposed Extension to Cavendish Suite-Part Floor Plan as proposed- Drawing No. 6130/04 Proposed Extension to Cavendish Suite-Sections and 3D Impression as proposed-Drawing No. 6130/07 Proposed Wedding car garage and modifications to refuse compound- Plan and compound layout as proposed-Drawing No. 6130/08 Proposed wedding car garage and modifications to refuse compound- Elevation as proposed-Drawing No. 6130/09 Proposed wedding structures 1-Drawing No. APM-ABHSGRN-1001 Proposed wedding structures 2-Drawing No. APM-ABHSGRN-1002 Proposed wedding structures 3-Drawing No. APM-ABHSGRN-1003 Landscape Design Code prepared by Barnes Walker-Document Reference M2642.11C Agenda Item 6

Page 14 Hardworks Layout prepared by Barnes Walker-Drawing No. M2642.09C Amended plan received by the Local Planning Authority on 24.7.2018 Landscape Masterplan prepared by Barnes Walker-Drawing No. M2642.06J. Amended plan received by the Local Planning Authority on 24.7.2018. Planting plan prepared by Barnes Walker-Drawing No. M2642.10C. Amended plan received by the Local Planning Authority on 24.7.2018. Proposed car park layout plan prepared by Barnes Walker. Drawing No. M2542.08. Amended plan received by the Local Planning Authority on 24.7.2018. Illustrative photograph identifying trees to be removed received by the Local Planning Authority on 24.7.2018. Abbey House Tree Survey prepared by BHA Trees Ltd. Arboriculturalist Report, Appendix A-D and tree survey table prepared by BHA Trees Ltd Reference 3373 dated 15th May 2017. Addendum to Design and Access Statement Drainage Issues received by the Local Planning Authority on 30.6.2018. Ecological Assessment dated June/July 2017.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority in the interests of the character and appearance of the heritage assets and their setting.

Pre-commencement Conditions

3. No development shall be commenced on the site which is the subject of this permission until the following measures have been met to prevent damage being caused to those trees which are shown to be retained. Measures to protect those trees shown to be retained must include the following;

a) Fencing in accordance with a scheme submitted to and approved by the Planning Authority must be erected around each tree or group of trees. This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the crown spread but not exceeding 4.5 metres.

b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development, areas for the deposit of soil or waste, or for storage of construction materials, equipment or fuel, shall be sited within the crown spread of any tree without the prior express consent of the Planning Authority.

c) No burning of any materials shall take place with within 6 metres of any tree or tree groups to be retained without the prior express consent Agenda Item 6

Page 15 Reason

In order to ensure that damage does not occur to the trees during building or engineering operations.

4. Before the construction of the Cavendish Suite front extension hereby approved is commenced, a sample panel of the proposed stone wall materials shall be erected on the site to include examples of all materials to be used, including mortars, its exposed finish, the coursing or bonding to be used, and the style of pointing of the finished wall. The proposed panel shall be made available for inspection by the Planning Authority and the development shall not be commenced until the said materials have been approved in writing by the Planning Authority. The front extension shall proceed in accordance with the approved sample which shall be retained on site for comparison during the life of the building works.

Reason

To ensure a satisfactory appearance to the front extension in this sensitive historic location and to minimise its impact upon the surrounding area.

5. Prior to their installation on site, large scale plans, details and material samples as required for the wedding pavilion/gazebo structures shall be submitted to the Local Planning Authority for approval. The structures shall be installed in accordance with the approved details and thereafter so maintained.

Reason

In the interests of ensuring a high quality design of structure is agreed in the interests of the character and appearance of the heritage assets and their setting.

6. No development shall commence within the site 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 by the Local Planning Authority.

Reason

To afford a reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains. Agenda Item 6

Page 16 During Building Works

7. The proposed car park extension shall use a permeable surface. A no dig method of construction shall be utilised adjacent to the entrance and within the Root Protection Areas of any trees.

Reason

In the interests of surface water drainage and the impact on the tree roots of adjacent trees.

8. Prior to the commencement of use of the garage hereby approved, the adjacent shipping containers shall be re-painted in grey as illustrated on the approved plans 6130/08 and 09 and shall thereafter be so maintained.

Reason

In the interests of the appearance of the development and because a recessive colour will help to minimise their impact.

9. Prior to the installation on site details of the size and design of the proposed play structure shall be submitted to and be agreed in writing by the Local Planning Authority. The installed structure shall conform to the agreed details.

Reason

In the interests of the setting of the heritage assets and because no such details have been submitted.

10. Prior to the installation on site full details of the proposed materials for any new or replacement hard surfaced areas, including samples as required, shall be submitted to and be approved in writing by the Local Planning Authority. The development shall proceed on the basis of the approved samples and there shall be no variation without the prior consent of the Local Planning Authority.

Reason

In the interests of ensuring that the hard surfaced areas serve to preserve and enhance the setting of the heritage assets.

Before Occupation

11. All planting, seeding or turfing comprised in the approved details of landscaping indicated in Planting Plan Drawing No. M2642.10C, Landscape Masterplan Drawing No. M2642.06J and Landscape Design Code Document M2642.11C shall be carried out in the first planting and seeding seasons following beneficial use of any part of the development, or in accordance with the phasing of the scheme as agreed in writing with Agenda Item 6

Page 17 the Planning Authority. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced by the landowner in the next planting season with others of a similar size and species, unless the Planning Authority gives prior written consent to any variation.

Reason

In the interests of the visual amenities of the area.

12. The overflow car park shall be completed and operational prior to the commencement of use of the proposed wedding gazebos hereby approved and shall thereafter be retained for use.

Reason

To ensure adequate parking is provided on site to mitigate pressure elsewhere on the site and to prevent the potential for indiscriminate parking on the public highway.

232 – Abbey House Hotel, Abbey Road, Barrow-in-Furness

From Mr T. Kilroe, Abbey House Hotel in respect of Listed Building Consent for single storey extensions to Cavendish Suite annexe, provision of detached wedding car garage and attached fence enclosure, extension to existing car park and provision of dedicated car parking area to serve Lodge and provision of two wedding marquees at Abbey House Hotel, Abbey Road, Barrow-in-Furness as shown on plan number 2018/0250.

The results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- It was unanimously agreed that the Secretary of State be notified of the application with the recommendation that Listed Building Consent be granted subject to the Standard Duration Limit and the following conditions:-

Compliance with Approved Plans

Proposed Extension to Cavendish Suite-South West Elevation- Drawing No. 6130/06 Proposed Extension to Cavendish Suite-North West Elevation-Drawing No. 6130/05 Agenda Item 6

Page 18 Proposed Extension to Cavendish Suite-Part Floor Plan as proposed- Drawing No. 6130/04 Proposed Extension to Cavendish Suite-Sections and 3D Impression as proposed-Drawing No.6130/07 Proposed Wedding car garage and modifications to refuse compound- Plan and compound layout as proposed-Drawing No. 6130/08 Proposed wedding car garage and modifications to refuse compound- Elevation as proposed-Drawing No. 6130/09 Proposed wedding structures 1-Drawing No. APM-ABHSGRN-1001 Proposed wedding structures 2-Drawing No. APM-ABHSGRN-1002 Proposed wedding structures 3-Drawing No. APM-ABHSGRN-1003 Landscape Design Code prepared by Barnes Walker-Document Reference M2642.11C Hardworks Layout prepared by Barnes Walker-Drawing No. M2642.09C Amended plan received by the Local Planning Authority on 24.7.2018. Landscape Masterplan prepared by Barnes Walker-Drawing No. M2642.06J. Amended plan received by the Local Planning Authority on 24.7.2018. Planting plan prepared by Barnes Walker-Drawing No. M2642.10C. Amended plan received by the Local Planning Authority on 24.7.2018. Proposed car park layout plan prepared by Barnes Walker. Drawing No. M2542.08. Amended plan received by the Local Planning Authority on 24.7.2018. Illustrative photograph identifying trees to be removed received by the Local Planning Authority on 24.7.2018. Abbey House Tree Survey prepared by BHA Trees Ltd. Arboriculturalist Report, Appendix A-D and tree survey table prepared by BHA Trees Ltd Reference 3373 dated 15th May 2017. Addendum to Design and Access Statement Drainage Issues received by the Local Planning Authority on 30.6.2018. Ecological Assessment dated June/July 2017.

Reason

Pre-commencement Conditions

3. Before the construction of the Cavendish Suite front extension hereby approved is commenced, a sample panel of the proposed stone wall materials shall be erected on the site to include examples of all materials to be used, including mortars, its exposed finish, the coursing or bonding to be used, and the style of pointing of the finished wall. The proposed panel shall be made available for inspection by the Planning Authority and the development shall not be commenced until the said materials have been approved in writing by the Planning Authority. The front extension shall proceed in accordance with the approved sample which shall be retained on site for comparison during the life of the building works. Agenda Item 6

Page 19

Reason

To ensure a satisfactory appearance to the development in this sensitive historic location and to minimise its impact upon the surrounding area.

4. Prior to their installation on site, large scale plans, details and material samples as required for the wedding pavilion/gazebo structures shall be submitted to the Local Planning Authority for approval.

The structures shall be installed in accordance with the approved details and thereafter so maintained.

Reason

In the interests of ensuring a high quality design of structure is agreed in the interests of the character and appearance of the heritage assets and their setting.

5. No development shall commence within the site 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 by the Local Planning Authority.

Reason

233 – Land at Dova Way, Barrow-in-Furness

From Mr D. Haughian, Cumbria County Council in respect of a temporary car park for three years, to provide 746 spaces for BAE Systems employees on Land at Dova Way, Barrow-in-Furness as shown on plan number 2018/0553. Two access points were proposed off Dova Way. The car park would also be supported by a shuttle bus service.

The results of consultations were reported

It was moved by Councillor McEwan and seconded by Councillor Murphy that temporary consent be granted for a 2 year period. A vote was taken on that motion with a show of hands, 3 in favour and 8 against, the motion was thereupon declared lost.

In the subsequent discussion Members expressed concerns relating to the perceived slow delivery of car parks by BAE, the site location away from the Yard raised issues of it being underused by staff, and there being insufficient details of the shuttle bus Agenda Item 6

Page 20 operations to support the likelihood of the car park being a viable option to on street parking.

It was further moved by Councillor Husband and seconded by Councillor C. Thomson that consideration of the application be deferred to allow for the Development Services Manager (Planning) to meet with BAE to discuss the matters raised by Members further. A vote was taken on that motion with a show of hands, 10 in favour and 1 against, the motion was thereupon declared carried, and it was

RESOLVED:- That consideration of the application be deferred until the Development Services Manager (Planning) had met with BAE Systems to discuss the issues raised by Members.

234 – Withdrawn Application

The following application had been withdrawn from the agenda at the request of the Assistant Director – Regeneration & Built Environment:-

2018/0375 – Outline permission for the erection of 35 dwellings and associated car parking, landscaping and highways infrastructure with all matters reserved except access at London Road, Lindal-in-Furness.

The meeting closed at 3.00 p.m. Agenda Item 7

Page 21

PLANNING COMMITTEE

04/12/2018

Delegated Decisions made between

23/10/2018

and

19/11/2018

For Information

Ladies and Gentlemen,

Town & Country Planning Act 1990 (as amended) Planning (Listed buildings and Conservation Areas) Act 1990 (as amended) Town & Country Planning (Development Management Procedure) (England) Order 2015 (as amended) Town and County Planning (Control of Advertisements) (England) Regulations 2007.

The Planning applications in this report have been determined by the Development Services Manager (Planning) under delegated authority (Minute No. 107, Executive Committee, 7th February 2018, confirmed by Council 1st March 2018 (Minute No. 63). The decisions are reported for your information.

Assistant Director of Regeneration and Built Environment

Agenda Item 7

Page 22

Reference: Location: Ward: B18/2018/0625 23 Portland Walk Barrow-in-Furness Cumbria Hindpool Ward LA14 1DB Decision: Parish: APPCOND Proposal: N/A Installation of replacement shop front and security Decision Date: roller shutter Case Officer: 29/10/2018 Barry Jesson Reference: Location: Ward: B20/2018/0643 4B Steamer Street, Barrow-in-Furness, Cumbria, Barrow Island LA14 2SG Ward Decision: APPCOND Proposal: Parish: Change of use from office to a self-contained flat. N/A Decision Date: 25/10/2018 Case Officer: Maureen Smith Reference: Location: Ward: B20/2018/0646 10 Stephen Street Barrow-in-Furness Cumbria Hindpool Ward

Decision: Proposal: Parish: APPCOND Change of use from a retail unit (A1) to a N/A cafe/tearoom (A3) Decision Date: Case Officer: 31/10/2018 Jennifer Dickinson Reference: Location: Ward: B23/2018/0650 Seventh Day Adventist Church, Ulverston Road, Dalton South Dalton-in-Furness, Cumbria Ward Decision: APPCOND Proposal: Parish: Listed Building Consent to to display a notice Dalton Town Decision Date: board sign on front elevation with Newton 05/11/2018 Parish Council

Case Officer: Maureen Smith

Agenda Item 7

Page 23

Reference: Location: Ward: B21/2018/0648 16 Thorncliffe Road Barrow-in-Furness Cumbria Hawcoat Ward LA14 5PZ Decision: Parish: APPCOND Proposal: N/A Replacement detached garage. Decision Date: Case Officer: 07/11/2018 Barry Jesson Reference: Location: Ward: B21/2018/0647 11 Dane Avenue Barrow-in-Furness Cumbria LA14 Hawcoat Ward 4JS Decision: Parish: APPCOND Proposal: N/A Loft conversion with rear dormer and gable roof to Decision Date: replace existing hip roof to provide bedroom with Case Officer: 30/10/2018 en-suite. Jennifer Dickinson Reference: Location: Ward: B31/2018/0474 Washington Hotel Roose Road Barrow-in-Furness Risedale Ward Cumbria LA13 9RG Decision: Parish: APPCOND Proposal: N/A Application for a non-material amendment Decision Date: following grant of planning permission 2016/0051 Case Officer: 24/10/2018 to allow for alteration to proposed window Barry Jesson configuration Reference: Location: Ward: B18/2018/0679 83-85 Duke Street, Barrow-in-Furness, Cumbria, Central Ward LA14 1RH Decision: Parish: APPCOND Proposal: N/A Application for retention of ATM installed through Decision Date: a composite security panel to the left hand side of Case Officer: 02/11/2018 the shop front (retrospective) Adrian Adams

Agenda Item 7

Page 24

Reference: Location: Ward: B28/2018/0591 31 Dundee Street Barrow-in-Furness Cumbria Barrow Island LA14 2RP Ward Decision: APPCOND Proposal: Parish: Application for works to trees subject of Tree N/A Decision Date: Preservation Order 1999 No. 2 - Crown reduce 05/11/2018 Ash tree by 30% by reducing all branches by 2.5 Case Officer: metres (Tree shown as T1 on plan) Charles Wilton Reference: Location: Ward: B21/2018/0659 10 Richmond Terrace, Barrow-in-Furness, Parkside Ward Cumbria, LA14 5LH Decision: Parish: APPCOND Proposal: N/A Provision of flat roofed dormer to the rear roof Decision Date: slope and pitched roof gable-style dormer to front Case Officer: 19/11/2018 roof slope. Jennifer Dickinson Reference: Location: Ward: B21/2018/0698 5 Rusland Avenue Barrow-in-Furness Cumbria Hawcoat Ward LA14 5PU Decision: Parish: APPCOND Proposal: N/A Side utility room and shower room to replace Decision Date: existing garage Case Officer: 30/10/2018 Adrian Adams

Agenda Item 7

Page 25

Reference: Location: Ward: B12/2018/0485 Walney Aerodrome Red Ley Lane Barrow-in- Walney North Furness Cumbria LA14 3YJ Ward Decision: APPCOND Proposal: Parish: Application for a Minor Material Amendment N/A Decision Date: following the grant of 23/10/2018 planning permission 2016/0760 (Proposed Case Officer: upgrades to current Aerodrome facilities and Barry Jesson infrastructure, including: aircraft hangar (to house 4 No. Kingair Aircraft); vehicle garage (to house airport support vehicles, fire engine, fuel bowser, bobcat, grass cutting machinery etc.); terminal and support building with Air Traffic Contro (ATC) tower(integral to and annex off new hangar building); car park and upgrade of existing roadway; aircraft apron hard standing to connect new hangar to existing taxiways; and upgrade utilities and building services. All of the works are required to comply with the Civil Aviation Authority (CAA)) to allow alterations to the design of the hanger doors which have a larger projection, the sprinkler tank has been designed and sized including an additional tank and re-positioning of garage back by 10 metres.

Agenda Item 7

Page 26

Reference: Location: Ward: B13/2018/0608 Proposed Housing Site Roose Road Barrow-in- Risedale Ward Furness Cumbria Decision: Parish: APPCOND Proposal: N/A Construction of 4 No. three bedroom terraced Decision Date: houses (revised scheme) Case Officer: 07/11/2018 Barry Jesson Reference: Location: Ward: B21/2018/0619 40 Queen Street Dalton-in-Furness Cumbria LA15 Dalton South 8EG Ward Decision: APPCOND Proposal: Parish: Demolition of existing flat roof single storey rear Dalton Town Decision Date: extension and construction of new pitched roof with Newton 31/10/2018 single storey rear extension containing bathroom Parish Council and extended kitchen/diner Case Officer: Jennifer Dickinson Reference: Location: Ward: B18/2018/0496 97 101 Oxford Street Barrow-in-Furness Cumbria Parkside Ward LA14 5QJ Decision: Parish: APPCOND Proposal: N/A Modification of existing openings and installation of Decision Date: new louvres. Case Officer: 02/11/2018 Jason Hipkiss Reference: Location: Ward: B18/2018/0512 The Ponds Lots Road Askam-in-Furness Cumbria Dalton North Ward Decision: Proposal: REFUSED Erection of a barn to house sheep 18.288 metres x Parish: 9.144 metres. Askam and Decision Date: Ireleth Parish 06/11/2018 Council

Case Officer: Barry Jesson

Agenda Item 7

Page 27

Reference: Location: Ward: B31/2018/0720 36 Dalton Road, Barrow-in-Furness, Cumbria, Central Ward LA14 1HY Decision: Parish: APPCOND Proposal: N/A Application for a non-material amendment Decision Date: following grant of planning permission 2018/0276 Case Officer: 29/10/2018 (Change of use of ground floor of public house Maureen Smith (use class A4) to a chemist shop (Use class A1) including replacement of existing front timber double doors with single timber door and installation of air conditioning units with external condensers on rear elevation) to change layout from that originally approved including using the first floor of the property for staff room and facilities. Reference: Location: Ward: B22/2018/0717 Pets At Home, Corner House Park, Hindpool Central Ward Road, Barrow-in-Furness, Cumbria, LA14 2NE Decision: Parish: APPCOND Proposal: N/A Advertisement consent to display a replacement Decision Date: internally illuminated fascia sign to front elevation Case Officer: 16/11/2018 Adrian Adams Reference: Location: Ward: B21/2018/0718 49 Dundee Street Barrow-in-Furness Cumbria Barrow Island LA14 2RP Ward Decision: APPCOND Proposal: Parish: Rear living area extension N/A Decision Date: 14/11/2018 Case Officer: Adrian Adams Reference: Location: Ward: B23/2018/0677 83-85 Duke Street, Barrow-in-Furness, Cumbria, Central Ward LA14 1RH Decision: Parish: APPCOND Proposal: N/A Listed Building Consent for retention of an ATM Decision Date: installed through a composite security panel to the Case Officer: 31/10/2018 left hand side of the shop front (retrospective) Adrian Adams

Agenda Item 7

Page 28

Reference: Location: Ward: B21/2018/0706 10 Romney Park Dalton-in-Furness Cumbria LA15 Dalton North 8BL Ward Decision: APPCOND Proposal: Parish: Double storey side extension forming utility room, Dalton Town Decision Date: shower room and store with en-suite bedroom to with Newton 02/11/2018 first floor. Rear single storey extension forming Parish Council kitchen/dining room Case Officer: Adrian Adams

Reference: Location: Ward: B22/2018/0678 83-85 Duke Street, Barrow-in-Furness, Cumbria, Central Ward LA14 1RH Decision: Parish: APPCOND Proposal: N/A Advertisement consent for retention of integral Decision Date: illumination and screen to the ATM fascia, Case Officer: 07/11/2018 internally illuminated sign above the ATM and blue Adrian Adams LED halo illumination to the surround (retrospective). Reference: Location: Ward: B21/2018/0682 67 Dane Avenue Barrow-in-Furness Cumbria LA14 Hawcoat Ward 4JY Decision: Parish: APPCOND Proposal: N/A Side and rear extension to existing bungalow with Decision Date: detached garage Case Officer: 19/11/2018 Jennifer Dickinson Reference: Location: Ward: B28/2018/0681 5 Church Street Dalton-in-Furness Cumbria LA15 Dalton South 8BA Ward Decision: APPROVED Proposal: Parish: Notice of intention to (works to trees within Dalton Town Decision Date: conservation area) to crown raise Beech Tree by with Newton 08/11/2018 removing small lower branches to allow light to the Parish Council garden (Tree as shown on the map provided) Case Officer: Charles Wilton

Agenda Item 7

Page 29

Reference: Location: Ward: B23/2018/0653 36 Dalton Road, Barrow-in-Furness, Cumbria, Central Ward LA14 1HY Decision: Parish: APPCOND Proposal: N/A Listed Building Consent to replace existing front Decision Date: timber double doors with single timber door, Case Officer: 29/10/2018 provision of ground floor suspended ceilings, Maureen Smith installation of timber stud work walls and installation of air conditioning units with external condensers on rear elevation.(Re-submission of 2018/0277).

Agenda Item 7

Committee Date : 04/12/2018 Page 30

Reference Location: Ward: Number: 32 Spruce Rise Barrow-in-Furness Cumbria Roosecote FV/2018/0764 LA13 0RW Ward

Application Proposal: Decision: Type: Rear living area extension. Appcond Full Plans Vatable Decision Date: Received: 14/11/2018 29/10/2018

Reference Location: Ward: Number: 10 Romney Park Dalton-in-Furness Cumbria Dalton North FV/2018/0706 LA15 8BL Ward

Application Proposal: Decision: Type: Double storey side extension and single storey Appcond Full Plans rear extension Vatable Decision Date: Received: 25/10/2018 04/10/2018

Reference Location: Ward: Number: 11 Portland Crescent Barrow-in-Furness Hawcoat Ward BV/2018/0748 Cumbria LA14 4EU Decision: Application Proposal: Accepted Type: Celsius solid roof installation onto existing Building Notice conservatory. Decision

Vatable Date: 24/10/2018 Received: 24/10/2018

Reference Location: Ward: Number: 38 Ewan Close Barrow-in-Furness Cumbria Newbarns BN/2018/0751 LA13 9HU Ward

Application Proposal: Decision: Type: Removal of dividing wall between bathroom Accepted Building Notice and W.C. Non Vatable Decision Date: Received: 24/10/2018 24/10/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 31

Reference Location: Ward: Number: 50 Mosley Street Barrow-in-Furness Cumbria Central Ward BV/2018/0754 LA14 2AZ Decision: Application Proposal: Accepted Type: Replacement door and window. Building Notice Decision Vatable Date: 24/10/2018 Received: 24/10/2018

Reference Location: Ward: Number: 12 Harrison Street Barrow-in-Furness Cumbria Hindpool Ward BV/2018/0782 LA14 1JF Decision: Application Proposal: Accepted Type: Alterations to property to form 4 bed H.M.O. Building Notice Decision Vatable Date: 07/11/2018 Received: 07/11/2018

Reference Location: Ward: Number: 130 Rawlinson Street Barrow-in-Furness Central Ward FV/2018/0449 Cumbria LA14 2DG Decision: Application Proposal: Withdrawn Type: Seven bedroom HMO. Full Plans Decision

Vatable Date: 30/10/2018 Received: 05/09/2018

Reference Location: Ward: Number: 1 Highfield Road Barrow-in-Furness Cumbria Ormsgill Ward FV/2018/0621 LA14 5NZ Decision: Application Proposal: Appcond Type: Existing Salon remodeling to provide beauty Full Plans treatment room at first floor. Existing 3 Decision Vatable bedroom apartment change of use to a 2 Date: bedroom HMO over 3 floors. 23/10/2018 Received: 06/09/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 32

Reference Location: Ward: Number: 7 Yealand Drive Barrow-in-Furness Cumbria Hawcoat Ward FV/2018/0438 LA14 4JX Decision: Application Proposal: Appcond Type: Two storey side extension and single storey Full Plans rear extension. Decision Vatable Date: 18/11/2018 Received: 18/09/2018

Reference Location: Ward: Number: 10 Richmond Terrace Barrow-in-Furness Parkside Ward FV/2018/0660 Cumbria LA14 5LH Decision: Application Proposal: Appcond Type: Loft conversion Full Plans Decision Vatable Date: 24/10/2018 Received: 19/09/2018

Reference Location: Ward: Number: 8 Threlkeld Gardens Barrow-in-Furness Hawcoat Ward FV/2018/0724 Cumbria LA14 4NZ Decision: Application Proposal: Appcond Type: Rear living area/kitchen extension. Full Plans Decision

Vatable Date: 08/11/2018 Received: 15/10/2018

Reference Location: Ward: Number: 17 Tyne Road Barrow-in-Furness Cumbria Walney North FV/2018/0545 LA14 3NA Ward

Application Proposal: Decision: Type: Single storey side extension. Appcond Full Plans Vatable Decision Date: Received: 07/11/2018 15/10/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 33

Reference Location: Ward: Number: Furness General Hospital Dalton Lane Hawcoat Ward FV/2018/0730 Barrow-in-Furness Cumbria LA14 4LF Decision: Application Proposal: Appcond Type: Refurbishment of existing chapel/ prayer Full Plans room. Decision Vatable Date: 19/11/2018 Received: 16/10/2018

Reference Location: Ward: Number: 10 Carisbrooke Crescent Barrow-in-Furness Roosecote FV/2018/0734 Cumbria LA13 0HU Ward

Application Proposal: Decision: Type: Rear extension Appcond Full Plans Vatable Decision Date: Received: 08/11/2018 17/10/2018

Reference Location: Ward: Number: 18 Chapel Field Barrow-in-Furness Cumbria Walney North BV/2018/0760 LA14 3RQ Ward

Application Proposal: Decision: Type: Create 4.5m opening to side elevation. Accepted Building Notice Remove internal wall.

Vatable Decision Date: Received: 26/10/2018 26/10/2018

Reference Location: Ward: Number: 6 Windermere Avenue Barrow-in-Furness Hawcoat Ward BV/2018/0772 Cumbria LA14 4LN Decision: Application Proposal: Accepted Type: Removal of loading wall between Building Notice kitchen/dining room. Decision Vatable Date: 01/11/2018 Received: 01/11/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 34

Reference Location: Ward: Number: 96 Victoria Avenue Barrow-in-Furness Ormsgill Ward BV/2018/0776 Cumbria LA14 5NQ Decision: Application Proposal: Accepted Type: Removal of internal wall, removal of chimney Building Notice breast and lowering the ceiling height. Decision Vatable Date: 05/11/2018 Received: 05/11/2018

Reference Location: Ward: Number: 36 Dalton Road Barrow-in-Furness Cumbria Central Ward FV/2018/0657 LA14 1HY Decision: Application Proposal: Appcond Type: Internal fit out of ground floor to form retail Full Plans pharmacy and first floor to form stock room Decision Vatable and welfare area. Date: 19/11/2018 Received: 05/11/2018

Reference Location: Ward: Number: 20 Piel View Grove Barrow-in-Furness Risedale Ward BV/2018/0780 Cumbria LA13 0EF Decision: Application Proposal: Accepted Type: Internal alterations Building Notice Decision

Vatable Date: 06/11/2018 Received: 06/11/2018

Reference Location: Ward: Number: 6 Carmelite Way Barrow-in-Furness Cumbria Roosecote BV/2018/0655 LA13 0TP Ward

Application Proposal: Decision: Type: Celsius solid roof installation to conservatory. Withdrawn Building Notice Vatable Decision Date: Received: 14/11/2018 07/11/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 35

Reference Location: Ward: Number: 102 Hawcoat Lane Barrow-in-Furness Hawcoat Ward BV/2018/0235 Cumbria LA14 4HL Decision: Application Proposal: Accepted Type: Rear single storey extension for use as a Building Notice sunroom, internal works with raising kitchen Decision Vatable floor to that of the main dwelling with door and Date: window cill heights raised to accommodate 07/11/2018 Received: this work. 07/11/2018

Reference Location: Ward: Number: 14 Piel View Grove Barrow-in-Furness Risedale Ward BV/2018/0577 Cumbria LA13 0EF Decision: Application Proposal: Accepted Type: 2 storey rear kitchen and bathroom extension. Building Notice Decision Vatable Date: 08/11/2018 Received: 08/11/2018

Reference Location: Ward: Number: 8 Levens Close Dalton-in-Furness Cumbria Dalton South FV/2018/0376 LA15 8UQ Ward

Application Proposal: Decision: Type: First floor extension above existing garage. Appcond Full Plans

Vatable Decision Date: Received: 30/10/2018 24/09/2018

Reference Location: Ward: Number: 49 Dundee Street Barrow-in-Furness Cumbria Barrow Island FV/2018/0718 LA14 2RP Ward

Application Proposal: Decision: Type: Rear living area extension. Appcond Full Plans Vatable Decision Date: Received: 01/11/2018 12/10/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 36

Reference Location: Ward: Number: Devonshire Dock Quay, Barrow-in-Furness Barrow Island FV/2018/0662 Cumbria Ward

Application Proposal: Decision: Type: New Laboratory and Office building. Appcond Full Plans Vatable Decision Date: Received: 16/11/2018 19/09/2018

Reference Location: Ward: Number: 56 Harrel Lane Barrow-in-Furness Cumbria Newbarns FV/2018/0644 LA13 9LJ Ward

Application Proposal: Decision: Type: Side extension. Appcond Full Plans Vatable Decision Date: Received: 08/11/2018 12/09/2018

Reference Location: Ward: Number: 39 Rampside Barrow-in-Furness Cumbria Roosecote FV/2018/0673 LA13 0PY Ward

Application Proposal: Decision: Type: Reinstatement of dwelling and annex into a Appcond Full Plans single dwelling including associated internal

Vatable and external alterations. Decision Date: Received: 08/11/2018 25/09/2018

Reference Location: Ward: Number: 8 Blea Beck Askam-in-Furness Cumbria LA16 Dalton North FV/2018/0493 7DG Ward

Application Proposal: Decision: Type: Garage conversion to a bedroom with en-suite Refused Full Plans and utility room to front. Vatable Decision Date: Received: 07/11/2018 01/10/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 37

Reference Location: Ward: Number: 6 Reed Gardens Error could not PI/2018/0696 Little Urswick find ward Ulverston Application Cumbria Decision: Type: LA14 5LZ Appcond Partner Authority Proposal: Decision Inspections Rear single storey pitched roof side extension. Date: 07/11/2018 Received: 01/10/2018

Reference Location: Ward: Number: 30 Middle Hill Barrow-in-Furness Cumbria Newbarns BV/2018/0767 LA13 9HD Ward

Application Proposal: Decision: Type: Removal of wall between kitchen/living room. Accepted Building Notice Vatable Decision Date: Received: 29/10/2018 29/10/2018

Reference Location: Ward: Number: 106 Steel Street Askam-in-Furness Cumbria Dalton North BV/2018/0775 LA16 7BS Ward

Application Proposal: Decision: Type: Removal of internal wall, re positioning of the Accepted

Building Notice staircase and removal of chimney breast. Vatable Decision Date: Received: 02/11/2018 02/11/2018

Reference Location: Ward: Number: 2 Shearwater Crescent Barrow-in-Furness Walney South BV/2018/0120 Cumbria LA14 3JW Ward

Application Proposal: Decision: Type: Extension and refurbishment of granny flat. Accepted Building Notice Vatable Decision Date: Received: 14/11/2018 14/11/2018

Agenda Item 7

Committee Date : 04/12/2018 Page 38

Reference Location: Ward: Number: 16 Woodland Park Barrow-in-Furness Ormsgill Ward BV/2018/0599 Cumbria LA14 5XR Decision: Application Proposal: Accepted Type: Create 3.75m bifold door opening and convert Building Notice part garage into kitchen. Decision Vatable Date: 14/11/2018 Received: 14/11/2018

Reference Location: Ward: Number: 16 Park Lane Barrow-in-Furness Cumbria Walney South BV/2018/0796 LA14 3AE Ward

Application Proposal: Decision: Type: Removal of internal wall and opening on Accepted Building Notice external wall made bigger/wider for bifolds. Vatable 8x4 steel for internal wall to hold up floor Decision joists. Date: Received: 14/11/2018 14/11/2018

Agenda Item 8

Page 39

DEVELOPMENT SERVICES

PLANNING COMMITTEE

FOR DECISION

4th December 2018

Ladies and Gentlemen,

The applications within this report have been submitted for determination under the Town and Country Planning Acts and associated legislation.

All applications within this report are “Delegated” to this Committee but can be moved “Non-Delegated” by a Member of the Committee under the terms adopted for the Scheme of Delegation approved by Council, 16th May, 1994. Any such motion needs to be accepted by a majority of Members of the Committee present (Council, 8th August, 1995). All applications left as Delegated will be decided by the Committee and will not be subject to confirmation by Council.

The application plan numbers also refer to files for the purposes of background papers.

Jason Hipkiss

Planning Manager

Page 1 of 51 Agenda Item 8

Page 40 B18/2018/0732 Planning Committee th 4 December 2018

Application Number : B18/2018/0732 Date Valid :17/10/2018 Address : Land adjacent to Chapel Hills Smallholding Oak Lea Road Barrow-in- Case Officer : Barry Jesson Furness Cumbria LA14 4QW Proposal : Retention of chalet building on agricultural land for use as a rest room, eating area, wc provision and occasional sleeping over when animals are ill or lambing/calving Ward : Hawcoat Ward Parish : N/A Applicant : Mr James Mark Agent : Greg Gilding NWA Architectural Statutory Date : 12/12/2018 Recommendation : Refusal

Barrow Planning Hub

Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

National Policies

1. National Planning Policy Framework 2018 - Policy NPPF-011 2. National Planning Policy Framework 2018 - Policy NPPF-079 3. National Planning Policy Framework 2018 - Policy NPPF-083 4. National Planning Policy Framework 2018 - Policy NPPF-127 5. National Planning Policy Framework 2018 - Policy NPPF-170

Saved Local Plan Policies

1. Saved Local Plan 2001 - Policy D1 2. Saved Local Plan 2001 - Policy D21 3. Housing Chapter Alteration 2006 - Policy B10 4. Housing Chapter Alteration 2006 - Policy B3

Emerging Draft Local Plan Policies

Page 2 of 51 Agenda Item 8

Page 41 5. Submission Draft Local Plan – December 2017 - Emerging Policy H5 - Residential development in the open countryside 6. Submission Draft Local Plan – December 2017 - Emerging Policy N1 - Protecting and enhancing landscape character

Summary of Main Issues

The application refers to a chalet but the structure is essentially a static caravan. The main issue relates to the need for a chalet of this size for the limited purposes specified in the application, and also any potential harm that results from the chalet. The alleged residential use is a consideration, but essentially falls outside of the determination of the application given that it doesn't seek such a use, and instead should be considered from an enforcement perspective if considered expedient to do so.

Non Material Considerations

N/A

Response to Publicity and Consultations

The Development was advertised on site.

Neighbours Consulted

Street Name Properties Oak Lea Road Oak Lea Farm,

Responses Support Object Neutral

2 1 1 0

The objection to the proposal is on the grounds of: the application not reflecting the actual use of the chalet, no adequate evidence of need for retention of the chalet in open countryside, excessive size, landscape harm and impact on Public Right of Way, lack of available services and unauthorised installation of septic tank and excessive noise from generator.

The letter of support stated there was no apparent noise observed from the generator near to the site.

Organisations Consulted

Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Planning Policy) Barrow Borough Council (Public Protection Services) United Utilities (Asset Protection)

Page 3 of 51 Agenda Item 8

Page 42 List of Organisation Responses

Barrow Borough Council Environmental Health 19/10/2018

“Thank you for the above consultation. having looked at the information submitted, i have no objections to the application in principle but the applicant has not included any information pertaining to a power source for the cabin. This department received complaints regarding a generator being used 'at all hours'.

I request that the applicant clarifies how power will be generated or sourced on site?”

Barrow Borough Council Environmental Health 06/11/2018

“Further to the above consultation, I had requested that further detail is provided as to the power source and its location on site as this has caused complaints in the area”.

Officers Report

1.Site and Locality

1.1 The agricultural holding is located on Oak Lea Road, directly to the east of Oak Lea Stables. The existing farm building is located close to the boundary with Oak Lea Road, with a dividing hedgerow in between. The chalet is in-situ, located to the east of the main farm building. The farm is accessed directly from Oak Lea Road; previously the access was secondary in nature, but following a change in ownership the then primary vehicular access to the north is no longer within the applicants control. The surrounding area is of rural open character, with sporadic farm development visible. A Public Right of Way runs to the south and west of the site.

2.Proposal Details

2.1 Retention of chalet building on agricultural land for use as a rest room, eating area, wc provision and occasional sleeping over when animals are ill or lambing/calving

3.Relevant History

3.1 57/2004/1341 Field to the north of Oak Lea Farm Oak Lea Road Barrow-in-Furness Cumbria Erection of a stable Appcond 18/01/2005

3.2 B18/2009/1550 Field North of Oak Lea Farm Oak Lea Road Barrow-in-Furness Cumbria Erection of a steel framed building for housing of sheep, feed and tack storage. Appcond 04-MAR-2010

3.3 B18/2017/0465 Agricultural Building, Oak Lea Road Barrow-in-Furness Cumbria Extension to existing agricultural building (Retrospective) APPCOND 10/10/2017

Page 4 of 51 Agenda Item 8

Page 43 4. Officer Assessment

4.1 One of the difficulties which has arisen in determining the application is an apparent conflict between the development applied for (chalet for use as a rest room, eating area, wc provision and occasional sleeping over) and what the chalet appears to be, or otherwise provides the potential for - a dwelling in the open countryside. These are two distinct things and as such need to be considered separately, given the application doesn't seek permission for a dwelling.

Welfare chalet

4.2 Welfare needs for workers are typically met by modest caravans which are often considered ‘chattels’, not usually amounting to development at all. These can be positioned around the site as required, and provide shelter for tea/lunch breaks etc. They would ordinarily not have any services such as electricity, drainage etc. They occasionally may be used for overnight sleeping during lambing season when a temporary full time presence on site is required.

4.3 This proposal is somewhat different to a typical chattel. The structure on site is a static caravan indicated as 4.2m width x 12.3m length, containing a lounge/kitchen, 2 bedrooms and a bathroom. It is similar in size and appearance to those usually found on holiday/caravan sites. Furthermore it is connected to a generator, currently located outside within the farm yard area, and to an existing septic tank (referred to in the objection as having been installed recently and unauthorised). This level of accommodation and attachment to the ground adds to the degree of permanence not typically found in a chattel. It raises questions as to the need for a building of this size for the day to day welfare purposes sought in the application.

Policy basis

4.4 Simply being larger than the normal welfare facilities isn't a reason for refusal however, so unacceptable harm would need to be identified. Relevant policies in this regard are Saved Policies D1 and D21, and Emerging Policy N1. These policies relate to countryside and landscape character protection.

4.5 D1 limits development in the countryside to that requiring a rural use. Given that it is to serve an existing agricultural business, the presence of some form of welfare facility would appear to accord with this element of the policy. The policy also seeks to safeguard the intrinsic value of the countryside for its own sake. This requirement and the approach of restricting development to only that which requires a rural location can only be now given limited weight, as national policy is supportive of the expansion of all types of rural business and requires a more balanced view of protecting the countryside vs the benefits of the development. D21 requires that the design of development proposals in the countryside respect the diversity and distinctiveness of local landscape character. This is considered to be consistent with the NPPF and has been tested in a recent appeal (APP/W0910/W/17/3171362).

Page 5 of 51 Agenda Item 8

Page 44

4.6 Emerging Policy N1 concerns protecting and enhancing the landscape, referencing the Cumbria Landscape Character Toolkit. As this is an emerging policy with an outstanding objection, only limited weight can be given to this policy.

4.7 In the absence of a local policy base to which significant weight can be attached, the 'tilted balance' of NPPF para 11 would apply. This states that in such circumstances that permission should be granted unless: "i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed ; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole."

However, the overarching ethos of the NPPF is to promote sustainable development. More specifically, NPPF 170 requires that policies and decisions should contribute to and enhance the natural and local environment by, amongst others, protecting and enhancing valued landscapes and recognising the intrinsic character and beauty of the countryside. The appearance of the chalet therefore has to be considered in this context, to establish if any harm results to the landscape character or the intrinsic beauty of the countryside which would significantly and demonstrably outweigh the benefits of the proposal.

Balance/assessment

4.8 The site forms part of a low lying rural landscape with small scale development to the north of Oak Lea Farm. The application site is partly screened from Oak Lea Road by a long hedgerow, though when approaching from the south/A590 the first section of hedgerow before the site access is lower, thus allowing views of the chalet when past Oak Lea Farm. Uninterrupted views of the farm exist from the Public Right of Way (601098), and from certain vantage points the north looking back near the junction with Hawthwaite Lane. The siting of the chalet to the east of the main farm building also affords some screening, though again it is readily visible from the access which forms a break in the hedgerow.

4.9 In terms of the areas wider character the site is located in the low land character area : Sub type 5c Rolling Lowland [Cumbria Landscape Character Toolkit]. It states:

This is a lowland agricultural landscape dominated by pasture with some woodland, scrub and other marginal land. Field patterns are variable relating to topography and are generally regular at lower levels, but irregular around Barrow. In lower lying areas the landscape is generally undulating and fields bounded by a strong matrix of hedgerows and hedgerows trees are dominant...."

4.10 The toolkit identifies particular pressures:

These areas are subject to pressures for urban development due to their proximity to key towns and cities in Cumbria. Without careful management planned and incremental expansion could erode the landscape character.

Page 6 of 51 Agenda Item 8

Page 45

4.11 The development would introduce additional development into the small farm, which despite being well grouped has an unsympathetic appearance both to the barn and the wider landscape. Aside from the most prominent development in the area, Oak Lea Farm, a traditional sandstone farmhouse, and other sporadic development nearby is more rural in nature with weathered Yorkshire boarding and dark green cladding common. These blend into the landscape and are relatively low key. The chalet is in direct contrast, with white/off white elevations and red tile roof. This increases its prominence and prevents it integrating into the landscape. It also interrupts views of the higher ground far off in the distance when viewed from a southerly direction, featuring more prominently than the darker coloured barn it sits next to. No landscaping has been proposed to soften the visual impact.

4.12 The brief planning statement submitted describes the chalet as a 'good quality modern unit in good condition and in modern materials.' Whilst it may well be in good condition and befitting of an authorised caravan park development, the increased prominence it provides within the open countryside detracts from and harms the rural landscape character. The harm is likely to be permanent as the development is not temporary in nature, in part demonstrated by the connection to on site power and drainage facilities. The scale of the chalet is considered to be far in excess of that typically required for the development as described.

4.13 The agent has suggested that a temporary three year consent would be accepted by the applicant, to help establish the business. This again confuses the application as the applicants description relates only to a day to day welfare use, with occasional sleeping over in lambing season. This could be provided by a chattel such as a tourer caravan or other less dominating building temporarily brought onto the site. These generally either fall outside the definition of development, or are considered to be a permitted temporary use within the GPDO. Three year temporary consents are historically associated with demonstrating that a farming operation has been profitable/viable for 3 years to justify a permanent agricultural (now rural) workers dwelling. The agent is clear however that this is not a dwelling, so the need for a temporary consent is not justified.

4.14 The benefits of the chalet are limited, applying only the applicant. Whilst day to day animal welfare is an important consideration, the majority of land farmed and forming part of the applicants overall holding (detailed in the other application for the expansion of the barn 2018/0742) are widely scattered offsite elsewhere, so the potential time spent by the applicant on this site will be limited. This further reduces any benefit of the chalet, because as a welfare facility it may only be required sparingly. Nor will the chalet bring any obvious environmental improvements to the site and no real benefit to the local economy.

Page 7 of 51 Agenda Item 8

Page 46 Dwelling?

4.15 Despite the description and the agents assurances that a dwelling is not being sought, the chalet proposed has all of the facilities and capacity/scale for day to day living, which essentially means that it constitutes a dwelling, or at very least the potential to be used as such. This is reinforced with the permanent connection to a septic tank and an on-site generator for electricity, which itself has resulted in noise complaints to Public Protection. The letter of objection received alleges that the chalet has been lived in permanently since June 2018. Other information from internal departments suggests that this is presently the case. There is a strong policy presumption against such development (policies listed above for reference), without a clear evidenced case demonstrating a need for a rural works dwelling to be allowed in the open countryside. But this is not being sought, thus no case has been made.

4.16 Are such allegations and information pertaining to the of residential use considered to be material in the determination of the development at hand? There are arguments either way, but to refuse planning permission for a (unauthorised) use different to that applied for is highly questionable and tantamount to the Planning Authority changing the description on the form. Any alleged residential use of the chalet may cease at any time, or be rectified at the grant of permission for the site welfare purpose. If residential use is substantiated and continued, an Enforcement notice would likely be the best remedy, outside of any planning application to retain such a use.

5. Conclusions

5.1 The application seeks permission to retain the chalet for reasons relating to day to day welfare and occasional sleeping over during lambing season. The chalet size and service provision is far in excess of what would be required to satisfy such requirements, which are ordinarily met by the use of chattels outside of planning control, or temporary buildings brought onto site for the duration of lambing season and then subsequently removed. The building, as a result of its scale and appearance, is considered to result in harm to the surrounding landscape contrary to Saved Policy D21 and Emerging Policy N1, harm which significantly and demonstrably outweighs the very limited benefit the building provides when assessed against the wider NPPF sustainability aims.

5.2 Furthermore, the permanence, scale and facilities provided by the building means it can, to all intents and purposes, be considered to be a dwelling in the open countryside, albeit one not applied for and therefore having no submitted case to justify it. Given it is alleged in an objection that the building is and has been in residential use since June 2018, it is considered expedient to remove the building from site should permission be refused not only to reverse the landscape harm caused, but also to remove any potential for any unauthorised residential use. This in turn should help alleviate any alleged noise problems currently associated with the generator serving the chalet.

5.3 It is considered the applicant can meet the required welfare needs with a much smaller building/chattel, one which likely will fall outside of planning control.

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Page 47

6. Recommendation

I recommend that a) Planning Permission be REFUSED for the following reason(s);

The chalet is considered to be excessive in scale for its intended site welfare purpose, with an over-provision of facilities within to meet those needs. The development as proposed is also considered to harm the rural character and surrounding landscape by virtue of its excessive size, prominence and inappropriate colour. It is therefore considered to be contrary to Saved Policy D21 of the Barrow in Furness Local Plan Review, Emerging Policy N1 of the Local Plan (submission draft) and the wider sustainability aims of the National Planning policy Framework.

And b) that should agreement on voluntary action not be reached then Enforcement proceedings be commenced to secure suitable reinstatement of the land to its previous state.

Page 9 of 51 2018/0732 Page 48 Agenda Item 8

Page 10 of 51 Agenda Item 8

Page 49 B18/2018/0742 Planning Committee th 4 December 2018

Application Number : B18/2018/0742 Date Valid :25/10/2018 Address : Chapel Hills Smallholding Oak Lea Road Barrow-in-Furness Cumbria LA14 Case Officer : Barry Jesson 4QW Proposal : Extension of agricultural building for implement and equipment storage. Ward : Hawcoat Ward Parish : N/A Applicant : Mr James Mark Agent : Greg Gilding NWA Architectural Recommendation : Granted with Statutory Date : 20/12/2018 conditions

Barrow Planning Hub

Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

Saved Local Plan Policies

1. Saved Local Plan 2001 - Policy D21

Emerging Draft Local Plan Policies

Summary of Main Issues

The extension itself causes no landscape harm and is well integrated visually with the existing farm building. Agricultural need has been demonstrated via evidence from both the applicant and the appointed surveyor, with the extension considered fit for purpose.

Non Material Considerations

None

Page 11 of 51 Agenda Item 8

Page 50 Response to Publicity and Consultations

Neighbours Consulted

Street Name Properties Oak Lea Road Oak Lea Cottage, Oak Lea Farm, Oak Lea Riding School,

Responses Support Object Neutral

1 0 1 0

The above objection raises a number of areas of concern including incorrect information submitted, inadequate agricultural justification/need, previous breaches of conditions, noise concern and drainage issues.

Organisations Consulted

Consultee Barrow Borough Council (Building Control) Cumbria County Council (Highways) Electricity North West Ltd

List of Organisation Responses

14/11/2018

Cumbria County Council (Highways) and Lead Local Flood Authority (LLFA)

"The Highways and Lead Local Flood Authority (LLFA) has reviewed the details provided in the planning application and makes comment below:

"I can confirm that the Highway Authority and Lead Local Flood Authority has no objection to the proposed development as it is considered that the proposal does not affect the highway nor does it increase the flood Risk on the site or elsewhere."

Officers Report

1.Site and Locality

1.1 The agricultural holding is located on Oak Lea Road, directly to the east of Oak Lea Stables. The existing farm building is located close to the boundary with Oak Lea Road, with a dividing hedgerow in between. The building and yard are accessed directly from Oak Lea Road; previously the access was secondary in nature, but following a change in ownership the then primary vehicular access to the north is no longer within the applicants control. The surrounding area is of rural open character, with sporadic farm development visible.

Page 12 of 51 Agenda Item 8

Page 51 2. Proposal Details

2.1 Extension of agricultural building for implement and equipment storage.

3. Relevant History

3.1 57/2004/1341 Field to the north of Oak Lea Farm Oak Lea Road Barrow-in-Furness Cumbria Erection of a stable Appcond 18/01/2005

3.2 B18/2009/1550 Field North of Oak Lea Farm Oak Lea Road Barrow-in-Furness Cumbria Erection of a steel framed building for housing of sheep, feed and tack storage. Appcond 04-MAR-2010

3.3 B18/2017/0465 Agricultural Building, Oak Lea Road Barrow-in-Furness Cumbria Extension to existing agricultural building (Retrospective) APPCOND 10/10/2017

4. Officer Assessment

4.1 Visually the extension is well designed to relate to the existing building, matching the style and form. Green cladding is to match, with a dark green (12 B 29) colour. It is seen as a small addition to the existing building, which does not alter the character of the landscape in any significant way.

4.2 One of the primary concerns was whether there was a demonstrable agricultural need for the extension, given the same was questioned in the previous application (2017/0465) and the land holding has seemingly been reduced since. However, the agent has since provided updated information following the commissioning of a Chartered Surveyor to advise on the need. The submitted report and additional information on land holdings and livestock numbers do demonstrate an agricultural need given the applicant currently farms 31 ha of land. Whilst the rented holdings are on short term leases it is advised this is not unusual where a farm is being developed. The report also states the structure is in line with general purpose buildings found on many livestock farms, and that the size and location are reasonable.

4.3 As stated in the objection, it is the case that incorrect information was submitted at the outset which has caused numerous delays and the application having to be invalidated and resubmitted. The primary error has been corrected by the agent by amending the application site to only include the land and section of the building owned within the site edged red. Whilst the plans do still show the entire building, the site edged red clearly indicates the extent of the applicant's interest. Other inconsistencies as to whether the site can be seen from a public highway or whether work has commenced do not prejudice or preclude determination of the application.

Page 13 of 51 Agenda Item 8

Page 52

4.4 Concern has been raised that the existing development in is breach of a condition (2009/1550, no. 6) which sought to retain the hedgerow for purposes of visual amenity. It is stated that (over an undetermined period/point in time) the access has been widened, presumably due to a change in ownership which precluded access from the then primary northern access. It is not considered that such a minor widening/alteration harms the overall visual integrity of the hedge, and that if the concern was more related to highway safety, a more appropriate condition would have been attached originally to prevent vehicular use. this didn't occur given that the access was existing back in 2009. Furthermore, a previous extension of the building (2017/0465) shows the same access arrangement on the OS plan, albeit located outside of the site edged red (as in this case), with approval of the extension resulting. It can therefore be assumed that any widening was not considered to be detrimental to visual amenity or highway safety during the processing of that application. No change is proposed to the access arrangements as part of the current scheme, and I do not consider any previous alteration to be in breach of the aforementioned condition.

4.5 In terms of noise, the extension should be comparable to the existing operation, being used primarily for implement and equipment storage. The additional space will allow for more of the current building to be used for housing sheep at lambing time, though any associated noise is typical and to be expected of a rural farm. The comments received cite generator noise as the primary concern, in addition to traffic movements. The latter, connected to the construction of the extension at least, should be quite limited as the scale of the extension is modest. With regard to generator noise, a previous consent (2017/0465) provided a generator house in the form of a small extension to the building. Discussions have been held regarding re-siting the generator, currently outside, to within the intended extension to minimise generated noise. That said, complaints have been received by Public Protection and it is an ongoing matter, though not one directly related to this extension. It may well raise intensification issues however when considered in the context of second current application (2018/0732) at the site concerning the retention of a welfare chalet which appears to use the generator. These issues are to be considered in that application.

4.6 Surface water drainage is indicated as via a soakaway, which in the absence of an alternative, such as nearby water course or public sewer, seems an appropriate approach. Further details can be requested, but due to the limited scale this should not prevent commencement as the position and size of the soakaway (or other method if proven not sufficient) can be finalised post decision. The LLFA has advised no objection as it is not considered to increase flood risk elsewhere.

5.Conclusions

The visual appearance of the extension is considered to be acceptable, whilst additional information and commissioned advice has concluded there is a need for the building. The extension will help the expansion of the farming operation which brings wider economic benefits in accordance with local and national policy.

Page 14 of 51 Agenda Item 8

Page 53 6. Recommendation

I recommend that Planning Permission be GRANTED subject to the Standard Duration Limit and the following conditions : -

1. The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

Compliance with Approved Plans

2. The development shall be carried out and completed in all respects in accordance with the application dated 25/10/18 and the hereby approved documents defined by this permission as listed below, except where varied by conditions attached to this consent.

Drawing ref: 'Existing Building, Site Plan, Location Plan' drwg no. 01, dated 7-17. 'Extension to building, Site Plan, Location Plan' drwg no.1, dated 4-18.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

During Building Works

3. The cladding used in the roof and walls of the development hereby approved shall be in plastical coated profile metal sheet to colour BS4800 12B29 with the colour incorporated during the manufacturing process and which must be permanently retained.

Reason

A dark colour will make the development less prominent within the local landscape, which is one that the Planning Authority feels is worthy of protection from potentially intrusive development, in accordance with saved policy D1 of the Local Plan Review.

4. Any doors shall either be given a dark green finish to BS4800 12 B29 or if made of timber given a dark stain finish.

Reason

Page 15 of 51 Agenda Item 8

Page 54 Before Occupation

5. No part of the development hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Planning Authority.

Reason

In order to ensure that the site is adequately drained in accordance with the sustainable principles found in the NPPF

Operational Conditions

6. The existing field boundary hedge along Oak Lea Road shall be permanently retained.

Reason

To minimise the impact of the development upon its surroundings, in accordance with saved policy D1 of the Local Plan Review.

Informative

 Please note that any additional external alterations required under the Building Regulations may also require prior planning consent. Please speak to the Planning Officer before any such works are carried out

 This development may require approval under the Building Regulations. Please contact your Building Control department on 01229 876356 for further advice as to how to proceed.

Page 16 of 51 2018/0742 Page 55 Agenda Item 8

Page 17 of 51 2018/0742 Page 56 Agenda Item 8

Page 18 of 51 Agenda Item 8

Page 57 B20/2018/0652 Planning Committee th 4 December 2018

Application Number : B20/2018/0652 Date Valid :20/09/2018 Address : 73 Cavendish Street, Barrow-in- Case Officer : Maureen Smith Furness, Cumbria, LA14 1QD Proposal : Change of use from a Sandwich shop (Use class A3) to a hot food takeaway (use class A5) Ward : Hindpool Ward Parish : N/A Applicant : Mr Tommy Cheung Agent : Mr David Poole Recommendation : Approve with Statutory Date : 15/11/2018 conditions

Barrow Planning Hub

Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

Saved Local Plan Policies

1. Saved Local Plan 2001 - Policy C13 2. Saved Local Plan 2001 - Policy C6 3. Saved Local Plan 2001 - Policy D21

Emerging Draft Local Plan Policies

1. Submission Draft Local Plan – December 2017 - Emerging Policy DS1 - Council’s commitment to sustainable development 2. Submission Draft Local Plan – December 2017 - Emerging Policy DS2 - Sustainable Development Criteria 3. Submission Draft Local Plan – December 2017 - Emerging Policy DS5 - Design 4. Submission Draft Local Plan – December 2017 - Emerging Policy R15 - The location of hot food takeaways 5. Submission Draft Local Plan – December 2017 - Emerging Policy R16 - Opening hours of hot food takeaways 6. Submission Draft Local Plan – December 2017 - Emerging Policy R2 - Barrow Town Centre 7. Submission Draft Local Plan – December 2017 - Emerging Policy R3 - Barrow’s Primary Shopping Area

Page 19 of 51 Agenda Item 8

Page 58 Summary of Main Issues

The site is located within a commercial part of Barrow town centre where there are a number of long-established late night operating units including a night club, public houses and several restaurants and takeaways. The key considerations are the impact of the proposal upon the character of the area and upon any nearby residential uses and also the compatibility with Local Plan policy.

Non Material Considerations

The perceived need for an additional take-away in the area.

Response to Publicity and Consultations

The application has been advertised by site notice.

Neighbours Consulted

Street Name Properties Cavendish Street 71, 72, 74, 76, 79 81, Scott Street 94, 96 98,

Responses Support Object Neutral

1 0 1 0

One letter of objection has been received from a property to the rear. The letter raises concerns about:

-the lack of any further need for a take-away in the area since the objector considers there to be enough already.

-potential for damage to their property

-potential for increased litter and waste

-potential for strong cooking smells.

Organisations Consulted

Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Public Protection Services Licensing) Barrow Borough Council (Public Protection Services Noise) Barrow Borough Council (Public Protection Services) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways) Office for Nuclear Regulation (Nuclear)

Page 20 of 51 Agenda Item 8

Page 59 United Utilities (Asset Protection)

List of Organisation Responses

Barrow Borough Council ( Public Protection) 18/10/2018

“Thank you for the above consultation. I can confirm that I have reviewed the submitted documents and can now comment further.

The plans allude to a pizza oven venting internally which do not require a condition, however the use is associated with a Chinese takeaway given rise to sufficient cooking odours released into a residential area. Therefore I would recommend the following condition:

"All future emissions vented to the ‘external environment’ from cooking processes must be extracted through a properly designed and constructed exhaust ventilation system, adequately filtered and discharged vertically at sufficient height, at least 1 metre above eaves level, or incorporating adequate odour mitigation measures in the ventilation extract design to prevent cooking odours being observed at any neighbouring properties. Any exhaust gas flow must not be restricted by any plate etc at the outlet which might affect dispersion. Details of the proposed system must be submitted to the Planning Department for approval prior to construction and any proposed system must be adequately maintained as such in perpetuity".

Furthermore, the Permission should be conditioned with opening times as per application (no late night refreshment).

Monday to Sunday 16:30- 23:00hrs”

Barrow Borough Council (Public Protection) (Additional comments) 26/10/2018

"When doing the consultation the ‘Ducting and Extraction’ specification sheet was not attached to the record and I could only see the FDS0413 Rev A attachment which only shows a visual representation. The specification for the extract is fine and the condition does not need to be applied to the application.

However, having looked at the noise specifications, I would request that a condition is placed on the application regarding noise:

Noise from the development must not exceed Noise Rating Curve NR 30 in daytime hours (0700 - 2300) and NR 25 in night time hours (2300 - 0700) in any noise sensitive property.

Barrow Borough Council (Building Control) 28/09/2018

“Building regulation approval required for the proposals”.

Page 21 of 51 Agenda Item 8

Page 60 Cumbria County Council (Emergency Planning) 10/10/2018

"Our response is the following:

This part of the BAE site is covered by the provision of the Radiation (Emergency Preparedness and Public Information) 2001 Regulations. There are no objections to the proposed development based on the information provided but it should be noted that the proposed development is situated within the Detailed Emergency Planning Area of the site. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements are made for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site. Accordingly I would be grateful if you could, in the event of the application being approved, advise the applicant to liaise with this office to allow for further discussion."

Cumbria County Council 16/10/2018

"Thank you for your consultation on 28/09/2018 regarding the above Planning Application.

Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below.

Highways Authority response (HA)

I can confirm that the Highway Authority have no objection to the proposed development.

Please note

Any works within or near the Highway must be authorised by Cumbria County Council and no works shall be permitted or carried out on any part of the Highway including Verges, until you are in receipt of an appropriate permit (I.E Section 184 Agreement) allowing such works. Enquires should be made to Cumbria County Councils Street Work’s team - [email protected] Please be advised that the Highway outside and or adjacent to the proposal must be kept clear and accessible at all times."

Office for Nuclear Regulation (Nuclear) 11/10/2018

"I have taken on board the views of the emergency planners within Cumbria County Council, which is responsible for the preparation of the AWE Barrow off-site emergency plan required by the Radiation Emergency Preparedness and Public Information Regulations (REPPIR) 2001. They have provided adequate assurance that the proposed development can be accommodated within their off-site emergency planning arrangements.

The proposed development does not present a significant external hazard to the safety of the nuclear site.

Therefore, ONR does not advise against this development."

Page 22 of 51 Agenda Item 8

Page 61 Officers Report

1.Site and Locality

1.1 This application relates to a three storey end terraced property on the north eastern side of Cavendish Street in Barrow, approximately 33m to the west of the junction with Dalton Road. The property was previously in use as a sandwich shop known as "Tommo's Baguettes".

1.2 To the east is a narrow highway that runs between Cavendish Street and Scott Street and to the west is a hair-dressers and a variety of other commercial units. There is a lane to the rear which separates the property from the backs of properties on Scott Street which are also in commercial use.

1.3 The property falls within the "Other Barrow Town Centre " area in the adopted Local Plan and within the Town Centre and Primary shopping area in the Submission Draft.

2. Proposal Details

2.1 The application is for a change of use from a sandwich shop (Use class A3) to a hot food takeaway (use class A5). No external alterations to the shopfront are proposed. Full details of an extraction flue have also been submitted at this stage which would be positioned on the rear elevation, extracting above eaves level.

3. Relevant History

3.1 B18/2010/0702 73 Cavendish Street Barrow-in-Furness Cumbria LA14 1QD Installation of roller shutters to the rear elevation Appcond 28-JUN-2010

3.2 B22/2016/0214 73 Cavendish Street Barrow-in-Furness Cumbria LA14 1QD Advertisement Consent to display 1 no. fascia sign, 1 no. projecting sign and 1 no. hoarding sign. Appcond 13/06/2016

3.3 B26/2016/0121 73 Cavendish Street Barrow-in-Furness Cumbria LA14 1QD Application for a Lawful Development Certificate for proposed use or development (CLOPUD) for the conversion of a Gift Shop (A1) to a Sandwich Shop (A3) Refused 09-MAY-2016

4. Officer Assessment

National Guidance

4.1 The NPPF seek to encourage sustainable development and economic growth.

4.2 Paragraph 80 advises that planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.

4.3 Chapter 7 covers " Ensuring the vitality of town centres " and requires planning authorities to take a positive approach to their growth, management and adaptation.

Page 23 of 51 Agenda Item 8

Page 62 Saved Policies

4.4 Policy C6 supports A1-A3 uses in Barrow town centre. At the time that the policy was written take-away uses fell within the old A3 (food and drink) use class. The proposal meets the spirit of the policy albeit the wording is now out of date.

4.5 Policy C13 sets out restrictive opening hours for take-away uses. Following the appeal decision on Duke Street (referred to below) and the governments aim to encourage the night time economy this policy can be viewed as out of date.

4.6 Policy D21 seeks to encourage good design.

Emerging Policies

4.7 Policy R15 supports take-away uses within the urban boundaries of Barrow and encourages full venting & extraction details to be submitted at application stage.

4.8 Policy R16 is more flexible than Saved policy C13 in terms of opening hours, taking into account the character of the area and recognising the economic benefits of the night time economy, as expressed in national policies.

4.9 Policy R3 relates to the Primary Shopping Area and supports uses which compliment town centre uses. This is subject to a series of criteria including complementing the retail function, supporting the character and amenity of the shopping area and the impact on the local highway network. Nationally town centres are struggling to support retail uses and there is a trend towards diversification on the high street. In response there has been government encouragement for a 24 hour economy; changing shopping habits such as the march of supermarkets and the growth of online shopping, means fewer stores are now required. Like many similar towns, there are a number of vacant retail units within Barrow town centre and the primary shopping area. The application premises have been vacant for a number of months.

4.10 It is generally recognised that take-away uses are acceptable in town centres, complimenting the retail function. There are a number of other take-away uses on Cavendish Street as well as pubs and a nightclub which already impact on the retail function of the street. Since the focus of the night-time economy moved away from Cornwallis Street there has been a marked increase in the demand for premises in Cavendish Street to change to takeaways. The existing A3 use had previously operated with limited daytime opening hours and it is likely that the proposed A5 use will operate in a similar vein so any impact on the character of the street is likely to be modest.

Page 24 of 51 Agenda Item 8

Page 63

4.11 The property has previously operated as a gift shop before becoming an A3 use and the current application for A5 is systematic of national trends on the high street away from retail towards A3 and A5 uses. No frontage alterations are proposed and given the existing use, it is not considered that the loss of an active retail frontage will result or that there will be an adverse impact on the character of the primary shopping area either individually or cumulatively; the existing unit (as an A3 use) could operate evenings only and the Planning Authority would have no control over this, so any likely impact is viewed as modest. Cavendish Street already has a number of take away uses on the street and given the context it is not felt that the proposal would conflict with the aims of Draft Policy R3 or that a refusal of consent could be substantiated at appeal.

Principle of the proposal

4.12 The property is located within a commercial part of the town centre with a number of long-established late night operating units, such as other take-aways, bars, a nightclub and restaurant uses. The principle of allowing take-away uses in this area has long been accepted.

4.13 Policy DS5 echoes advice in the NPPF on encouraging good design. Other than the extraction flue which is of a typical utilitarian design, albeit into a rear servicing lane, there are no alterations proposed.

Operating Hours

4.14 Saved Policy C13 makes reference to a restriction on the opening hours for hot food takeaway uses to midnight. However, following a change in government policy to embrace the night time economy via the 2003 Licensing Act, the policy effectively became obsolete from 2005. Locally this change commenced following an appeal decision (March 2007) in relation to 72 Duke Street where the Inspector granted consent for opening up to 3am (Ref; APP/WO910/A/06/2025135) A consistent approach has since been taken with more recent consents to limit the opening hours until 0300 am. This is a material consideration for the current application. It is also in line with the government's aims of encouraging the night time economy and the national review of licensing to allow some 24 hour uses. As such Policy C13 can be considered as obsolete, carrying no weight.

4.15 As a result of national guidance on the night time economy, the emerging Local Plan is less prescriptive, advising consideration of an established evening economy when addressing opening hours. Based upon national guidance the Licensing Act is now the preferred method of controlling operating hours as licenses can be revoked more easily than planning consent.

4.16 In this case, the applicant has suggested likely opening hours of 16.30-23.00 seven days a week. Since permission runs with the property, it is felt that restricting the opening hours to a 23.00 finish would be overly restrictive in comparison to recent consents in the area and a 03.00 am restriction for opening and deliveries is considered reasonable. A number of other take away units on this street now have the same condition and the Planning Authority needs to be seen as being consistent.

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Page 64 Residential amenity

4.17 Given the context of the street within the town centre and the associated comings and goings it is not considered that the proposal will have an adverse impact on any nearby residential uses. Any impact needs to be assessed against the backdrop of existing uses within the area; noise from customers leaving the premises is unlikely to significantly differ from the existing background levels given that the property is located within a busy street with an established night time economy.

Extraction equipment and visual amenity

4.18 Full details of the extraction equipment have been submitted with the application and the PPO has found these to be acceptable albeit with a noise condition. The proposed flue is typical of others in the area and there are a number located along the rear lane of this terrace. It is felt that the modest visual impact is acceptable given the servicing context of the street as a back lane within a town centre commercial area.

Economic development

4.19 In terms of economic development two full time and two part time jobs are envisaged. The NPPF seeks to encourage economic growth.

Representations

4.20 One objection has been received (which has triggered the application coming before the Planning Committee). Members will be aware that commercial decisions related to the need for a take-away are not material planning considerations. Any potential smell issues should be prevented by the provision of the proposed extraction equipment and any future issues with smell or litter would be covered under other legislation.

5. Conclusions

5.1 The proposed change of use is considered to be acceptable taking account the nature of the locality and its central location. Given the context of the area it should have limited impact as part of the wider mix of activity and brings a vacant unit back into use. As sustainable development, government policy supports approval.

6. Recommendation

I recommend that Planning Permission be; GRANTED subject to the Standard Duration Limit and the following conditions : -

Compliance with Approved Plans

1. The development shall be carried out and completed in all respects in accordance with the application dated as valid on 20.09.2018 and the hereby approved documents defined by this permission as listed below, except where varied by conditions attached to this consent:

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Page 65 Proposed Layout Drawing Ref: FDS0413 No 1 Rev A Proposed Elevations Drawing Ref: FDS0413 N0 2 Rev A Proposed plan of Extraction equipment Drawing Ref: FDS0413 No 3 Rev A Extraction equipment data sheet and fan and grease filtration details Application form dated 13.9.2018.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority in the interests of the character, appearance and amenity of the area.

Before Occupation

2. The extraction equipment shown on the approved plans and documents referred to in Condition 2 above shall be installed and fully operational before the commencement of use of the take away hereby approved and shall be retained and adequately maintained for the life of the take away use.

Reason

In order to ensure that adequate extraction equipment is installed to serve the property in the interests of the general amenity of the area and to prevent any issues arising from cooking smells.

Operational Conditions

3. The use hereby permitted shall not be open to members of the public between 03.00 and 06.00 hours.

Reason

In order to protect the amenities of the wider town centre area from unreasonable noise and disturbance.

4. Noise from any extraction equipment must not exceed Noise Rating Curve NR 30 in daytime hours (0700 - 2300) and NR 25 in night time hours (2300 - 0700) in any noise sensitive property.

Reason

In the interests of the general amenity of the area and any nearby residents.

5. Any delivery service operating from the premises shall not take place between the hours of 03.00 and 06.00 hours.

Reason

In order to protect the amenities of the wider town centre area from unreasonable noise and disturbance.

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Informative

 This development may require approval under the Building Regulations. Please contact your Building Control department on 01229 876356 for further advice as to how to proceed.

 The proposed development is situated within the Detailed Emergency Planning Area of the BAE site. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site. The applicant is advised to liaise with the County Council Emergency Planning office to allow for further discussion of available information: Senior Emergency Planning Officer, Resilience Unit, Cumbria County Council, Cumbria Fire & Rescue HQ, Carleton Ave, Penrith , Cumbria , CA10 2FA

 Any works within or near the Highway must be authorised by Cumbria County Council and no works shall be permitted or carried out on any part of the Highway including Verges, until you are in receipt of an appropriate permit (I.E Section 184 Agreement) allowing such works. Enquiries should be made to Cumbria County Councils Street Work’s team - [email protected]. Please be advised that the Highway outside and or adjacent to the proposal must be kept clear and accessible at all times.

 CHANGE OF USE ONLY. You are reminded that this application is for a change of use only and does not authorise any alterations to the shopfront or signage for which separate consent may be required. The Local Planning Authority would welcome the opportunity to discuss any shopfront alterations or signage proposals at an early stage, for which a paid pre application service is available.

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Page 70 B18/2018/0728 Planning Committee

4th December 2018

Application Number : B18/2018/0728 Date Valid :10/10/2018 Address : Sizzle Inn, 50 Cavendish Street, Case Officer : Jennifer Dickinson Barrow-in-Furness, Cumbria, LA14 1PZ Proposal: Application for removal or variation of condition no. 3 of application 87/1055 (Change of use from shop to restaurant, takeaway and shop and external alterations) to allow opening from 6.00 to 4.00 Monday to Sunday. Ward : Hindpool Ward Parish : N/A Applicant : Mr Sayeddavood Moeinoddinhi Agent:

Recommendation : Granted with Statutory Date : 05/12/2018 conditions

Barrow Planning Hub

Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

National Policies

1. National Planning Policy Framework 2018 - Policy NPPF-011 2. National Planning Policy Framework 2018 - Policy NPPF-055 3. National Planning Policy Framework 2018 - Policy NPPF-080 4. National Planning Policy Framework 2018 - Policy NPPF-091 5. National Planning Policy Framework 2018 - Policy NPPF-127

Saved Local Plan Policies

1. Saved Local Plan 2001 - Policy C13 2. Saved Local Plan 2001 - Policy C6

Emerging Draft Local Plan Policies

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Page 71 5. Submission Draft Local Plan – December 2017 - Emerging Policy R16 - Opening hours of hot food takeaways 6. Submission Draft Local Plan – December 2017 - Emerging Policy R2 - Barrow Town Centre 7. Submission Draft Local Plan – December 2017 - Emerging Policy R3 - Barrow’s Primary Shopping Area

Summary of Main Issues

This proposal seeks to extend the opening hours of an established hot food takeaway in Cavendish Street. There are several other hot foot takeaways within the vicinity of the site that are permitted to open longer hours than the application property.

Non Material Considerations

Matters that can be dealt with under separate legislation such as the Licensing Act.

Response to Publicity and Consultations

Neighbours Consulted

Street Name Properties Cavendish Street 46, 48, 52, 54, The Theatre, The Flat The Theatre,

Responses Support Object Neutral

0 0 0 0

Site notice displayed expiring on 19.11.2018

Organisations Consulted

Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Public Protection Services Licensing) Barrow Borough Council (Public Protection Services Noise) Barrow Borough Council (Public Protection Services) Cumbria Constabulary (Force Crime Prevention Design Advisor) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways)

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Page 72 List of Organisation Responses

Cumbria Constabulary (Force Crime Prevention Design Advisor) 14/11/2018

"I submit the following observations, which I have considered from a community safety perspective, on behalf of the Neighbourhood Policing Team that patrols this area. I have consulted with the NPT supervisor in the preparation of this response.

The NPT wishes to express its concerns regarding this application and its cumulative effect on Night Time Economy policing in Barrow, if it were approved.

The Constabulary is obliged to significantly increase police resources every weekend across the county, to deal with the disproportionate number of incidents generated by the NTE.

To demonstrate this issue, I have carried out a brief search of our records relating to Cavendish Street, between 1st May 2018 and 31st October 2018.

Over this period, police attended 149 incidents (e.g. theft, shoplifting, road traffic collisions, burglaries, anti-social activity, etc.) However, 69 of these incidents related to public order matters (e.g. fights, reported assaults, arrests for drunkenness etc.) and occurred after 9pm.

The NPT has provided the attached images, which depict the distribution of licensed premises and fast food retail outlets in this vicinity and thus indicates how police patrols have to be concentrated in this area, until such time as premises have closed for business and patrons have fully dispersed.

The emerging issue of premises wishing to extend trading hours has a direct effect on the provision of police resources and a consequent impact on the availability of officers at other times.

I am informed that two other fast food retail premises are already permitted to trade until 4am. The remainder close at 3am. If more premises are permitted to extend their trading hours, patrons will loiter in the area over a longer period.

The applicant advises that there has been a detrimental effect on his commercial viability as the sole outlet affected with the closure of Cavendish Street after 9pm. The NPT wishes to point out that there are other traders within the closure zone, and vehicle parking is available in close proximity in Preston Street.

Whilst the Constabulary has no desire to stifle commercial enterprise that contributes to a growing economy and vibrant communities, we seek council support in acknowledging the substantial cumulative effect on our ability to police the NTE and to govern the permitted trading hours of associated premises.

I will refer to the NPT if any further information is required."

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Page 73 Cumbria County Council (Emergency Planning) 26/10/2018

“Our response is the following:

Cumbria County Council Highways 12/11/2018

"Thank you for your consultation on 25/10/2018 regarding the above Planning Application.

Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below.

The Highways Authority response (HA)

Condition 3: no comment

Please note

Any work in or near the river/watercourse will require consent from the Local Flood Risk Management office, who can be contacted [email protected] for further information. No work within or near river/watercourse is to take place until consent (if required) is given by Local Flood Risk Management."

Barrow Borough Council Public Protection 06/11/2018

"Thank you for the above consultation. Having read the details of the application and while further speaking to officers from the police and the licencing department, i would advise that the original times are maintained for the original reasons stated in planning permission 6/87/1055/175 dated 17th December 1987 (i.e. the business must not be open for trading except during the hours of 06:00-24:00 hrs

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Officers Report

1. Site and Locality

1.1 The site is a long established hot food takeaway positioned on Cavendish Street which is designated as 'Other Barrow Town Centre Shopping Areas' in the saved local plan and 'Barrow Primary Shopping Area' in the emerging local plan. The character of the locality of the site is a key area in the night time economy with several licensed premises and hot food establishments in close proximity to the site.

2. Proposal Details

2.1 Application for removal or variation of condition no. 3 of application 87/1055 (Change of use from shop to restaurant, takeaway and shop and external alterations) to allow opening from 6.00 to 4.00 Monday to Sunday.

3. Relevant History

3.1 1987/1055 50-52 Cavendish Street, Barrow-in-Furness - Change of use from shop to restaurant, take away and shop and external alterations Appcond 17/12/1987

3.2 1990/0282 50 Cavendish Street, Barrow-in-Furness - New shop front and two storey rear extension Approved 20/04/1990

3.3 46/1992/0786 Sizzle Inn 50 Cavendish Street Barrow-in-Furness - Alteration to condition to extend opening hours to 3.00 a.m. Thursday-Saturday evenings inclusive Refused 20/01/1993

3.4 80/1995/0451 50 Cavendish Street Barrow-in-Furness - Removal of Condition No. 3 from application 87/1055 to extend opening hours to 3.00 a.m. on Thursday, Friday and Saturday nights Refused 16/08/1995

3.5 80/1997/0156 Sizzle In 50 Cavendish Street Barrow-in-Furness - Removal of condition no. 3 from application 87/1055 to extend the opening hours to 3.00 a.m. on Friday and Saturday nights Refused 25/02/1997 3.6 80/1997/0512 Sizzle Inn 50 Cavendish Street Barrow-in-Furness - Removal of condition No. 3 from application 87/1055 to extend opening hours to 3.00am on Friday and Saturday nights. Refused 02/08/1997

3.7 B20/2012/0517 48 Cavendish Street Barrow-in-Furness - Change of use from A1 retail to A5 hot food takeaway. Appcond 18-OCT-2012

3.8 B20/2013/0763 52 Cavendish Street Barrow-in-Furness - Change of use from a hairdressers to a shop for the sale of ice-cream and hot food. Appcond 21/01/2014

3.9 B22/2013/0667 Sizzle Inn at 50 Cavendish Street Barrow-in-Furness - Advertisement consent to display non illuminated fascia sign and an illuminated projected box sign SPLIT 03-DEC-2013

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4. Officer Assessment

4.1 This application seeks to vary a condition which was attached to planning permission 1987/1055 for 50-52 Cavendish Street, Barrow in Furness which read as follows:

"Any take-away operated from the premises must not be open for business except during the hours 0600 to 2400 hours.

Reason

To protect the amenities of town centre residents".

4.2 The application form states that they wish to vary the opening hours to 0600 am one day until 0400 am the following day, thus extending their hours of operation by 4 hours per day. However, when reviewing the permissions for hot food take-ways in the locality of the site the latest agreed opening hours to have been approved are 0300 am. There is an example of an application being refused until 0500 am at 36 Cavendish Street (2014/0153) on grounds of potential crime and disorder and I therefore propose to condition this application, should you agree with my recommendation, to only open until 0300 am.

Planning History

4.3 When reviewing the planning history for this site there are several applications which were refused which seek to vary this permission ranging from the mid to late 1990's. This was based upon the policies of the (now Saved) local plan which sought to control the opening hours of food outlets in the town centre. The aim was that people leaving licensed premises would not loiter in the early hours to the detriment of local residents. There was backing for this approach within national guidance.

4.4 In 2003 the government introduced a national change in stance to encourage the Night- time Economy (NTE) and develop a "cafe culture" in towns and cities. Legislation relaxing the licensing laws to allow 24 hour operation of premises followed in 2005, and national planning guidance changed in order to facilitate the new cafe culture. The trend of public houses and nightclub opening hours was followed by later hours being granted for food outlets nationally by the Planning Inspectorate.

4.5 A significant turning point locally, in allowing longer openings hours, was an appeal decision which related to 72 Duke Street in Barrow dated 30th March 2007. The decision reversed the Councils decision and permitted this premises to open until 0300 am where it had previously only been permitted up until midnight (APP/W0910/A/06/2025135; a copy is attached as Appendix A).

4.6 Since this time there have been several hot food takeaways approved with opening hours until 0300 within the locality of the application site. When researching Cavendish Street there are now 12 food outlets including the application site and this is one of only 4 remaining food outlets with a restriction on opening until midnight.

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4.7 Objections to this proposal have been received from Cumbria Constabulary citing the cumulative effect on the night time economy and evidence of incidents after 9pm in the evening, and also from the Borough Licensing section.

4.8 When considering the additional impact of 3 more hours of opening of one additional takeaway, it is relevant to take into account that there are 8 other hot food establishments and several licensed premises currently open to 0300 am situated within Cavendish Street, and the existing level of visitors that are already in the area as referred to in the representation. Six of these hot food premises have been granted permission between 2009 and 2017 following the previous Inspector's decision.

4.9 The opening hours of the pubs and clubs is a matter for the Licensing Authority in consultation with the Police, and these are subject to review periodically. The hot food premises survive on the late night trade arising from the pubs and clubs. In light of this, to single out one premises and continue to impose a condition could now be considered unreasonable in light of recent decisions. This does not meet the tests of conditions as outlined in paragraph 55 of the NPPF and could leave the Authority vulnerable to costs at any subsequent appeal.

Policy

4.10 National policy is in favour of sustainable development (paragraph 11). Paragraph 80 makes reference to planning decisions creating conditions in which businesses can adapt/compete which is the reason for this application as stated on the application form. Decisions should also aim to achieve safe places (paragraph 91 and 127) and not impact unduly on standards of amenity for existing and future users (paragraph 127). Paragraph 55 particularly makes reference to "Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects".

4.11 Saved policy C13 was proved to have little weight by the Planning Inspector in 2007 following the 2003 Licensing Act and therefore the Authority have not since been enforcing this policy in decision making.

4.12 Emerging policy R15 makes reference to applications for the relaxation of opening hours and permits them within this locality where there is no adjoining purely residential use. Upon checking our records there appears not to be any adjoining residential use.

4.13 Policy R16 is particularly relevant as it outlines the areas to have regard to when considering proposals. The existence of an established evening economy, the character and function of the immediate area; the potential benefits for the wider community and impact on residential amenity are all outlined as issues to have regard to. Given the advanced stage of the emerging local plan this policy can be given weight.

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4.14 There is clearly an established evening economy in the area of this application site which is the character and function of the immediate area which is in existence. The potential benefits for the wider community is the increase in choice between 12am and 3am.

5. Conclusions

5.1 When reviewing the representations and policy basis for decision making it is important to take into account the context of the site and its locality. There is a widely established evening economy with a significant footfall of visitors already in the area until 0300 am and beyond. There is no evidence to show that the addition of one more take away opening 3 more hours is likely to make a material difference to this existing situation. Whilst the concerns highlighted by the Cumbria Constabulary are understandable and the evidence provided concerning, this behaviour is already occurring in the Street. In the context of the several licensed premises and twelve hot food establishments (8 of which currently open until 3am) these additional opening hours are considered acceptable. Were the Council to refuse this application it would be vulnerable to challenge on appeal and at risk of costs being awarded. Whilst I appreciate there are concerns in the area these are unlikely to be significantly exacerbated by this application being approved. The wider issues mooted in the representation should be given consideration as part of a wider discussion taking into account the licensing regime and other legislation.

6. Recommendation

6.1 I recommend that Planning Permission be GRANTED subject to the Standard Duration Limit and the following conditions : -

Operational Conditions

1. The approval of permission as stated on the decision notice for application: 6/87/1055/175/RMW/TP.11 remains valid with the exception of condition 3 which is removed by this permission.

Reason

In order to ensure that the wider remit and controls stated on the original permission still remain valid with the exception of condition 3.

2. Any take-away operated from the premises must not be open to members of the public between 0300 to 0600 hours.

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In order to protect the amenities of the wider town centre area which includes residential premises.

Informative

This part of the BAE site is covered by the provision of the Radiation (Emergency Preparedness and Public Information) 2001 Regulations. The proposed development is situated within the Detailed Emergency Planning Area of the site. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements are made for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site. Please contact 01768 812500 for further information on how to proceed.

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APPENDIX A

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Appendices of Saved and Emerging Policies

Note to Members

Below are the full wordings of the policies relevant to the applications found on the agenda today.

Saved Policies

The starting point when determining applications remains the Development Plan. Applications must be determined in accordance with the Development Plan unless material considerations, including the NPPF, indicate otherwise.

The tilted balance under paragraph 14 of the NPPF is engaged where any of the policies relevant to the application are out of date or where there is no 5 year housing land supply. At present the Council can demonstrate a supply in excess of 5 years. The officers report will indicate if any policies are out of date and how much weight they can be given. Under the tilted balance applications should be approved unless

"any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies as a whole, or specific policies in the Framework indicate development should be restricted."

The tilted balance is not engaged where all relevant policies are in date and there is a sufficient supply of housing land.

Emerging Policies

As the emerging Local Plan is now under examination, the policies within it can be given weight. The amount of weight each policy has is dependent upon the significance of unresolved objections to the policy and how consistent it is with the NPPF.

National Planning Policy Framework 2018

NPPF-011 Plans and decisions should apply a presumption in favour of sustainable development.

For plan-making this means that: a) plans should positively seek opportunities to meet the development needs of their Agenda Item 8

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area, and be sufficiently flexible to adapt to rapid change; b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas (As established through statements of common ground (see paragraph 27), unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area (The policies referred to are those in this Framework (rather than those in development plans) relating to: habitats sites (and those sites listed in paragraph 176) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, a National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 63); and areas at risk of flooding or coastal change); or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

For decision-taking this means: c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date (This includes, for applications involving the provision of housing, situations where the local planning authority cannot demonstrate a five year supply of deliverable housing sites (with the appropriate buffer, as set out in paragraph 73); or where the Housing Delivery Test indicates that the delivery of housing was substantially below (less than 75% of) the housing requirement over the previous three years. Transitional arrangements for the Housing Delivery Test are set out in Annex 1), granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed (The policies referred to are those in this Framework (rather than those in development plans) relating to: habitats sites (and those sites listed in paragraph 176) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area Agenda Item 8

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of Outstanding Natural Beauty, a National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 63); and areas at risk of flooding or coastal change); or

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

NPPF-055 Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Agreeing conditions early is beneficial to all parties involved in the process and can speed up decision making. Conditions that are required to be discharged before development commences should be avoided, unless there is a clear justification (When in force, sections 100ZA(4-6) of the Town and Country Planning Act 1990 will require the applicant's written agreement to the terms of a pre-commencement condition, unless prescribed circumstances apply).

NPPF-079 Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply: a) there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside; b) the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; c) the development would re-use redundant or disused buildings and enhance its immediate setting; d) the development would involve the subdivision of an existing residential dwelling; or e) the design is of exceptional quality, in that it:

- is truly outstanding or innovative, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and

- would significantly enhance its immediate setting, and be sensitive to the defining Agenda Item 8

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characteristics of the local area.

NPPF-080 Planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development. The approach taken should allow each area to build on its strengths, counter any weaknesses and address the challenges of the future. This is particularly important where Britain can be a global leader in driving innovation (The Government's Industrial Strategy sets out a vision to drive productivity improvements across the UK, identifies a number of Grand Challenges facing all nations, and sets out a delivery programme to make the UK a leader in four of these: artificial intelligence and big data; clean growth; future mobility; and catering for an ageing society. HM Government (2017) Industrial Strategy: Building a Britain fit for the future), and in areas with high levels of productivity, which should be able to capitalise on their performance and potential.

NPPF-083 Planning policies and decisions should enable: a) the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed new buildings; b) the development and diversification of agricultural and other land-based rural businesses; c) sustainable rural tourism and leisure developments which respect the character of the countryside; and d) the retention and development of accessible local services and community facilities, such as local shops, meeting places, sports venues, open space, cultural buildings, public houses and places of worship.

NPPF-091 Planning policies and decisions should aim to achieve healthy, inclusive and safe places which: a) promote social interaction, including opportunities for meetings between people who might not otherwise come into contact with each other - for example through mixed-use developments, strong neighbourhood centres, street layouts that allow for easy Agenda Item 8

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pedestrian and cycle connections within and between neighbourhoods, and active street frontages; b) are safe and accessible, so that crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion - for example through the use of clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas; and c) enable and support healthy lifestyles, especially where this would address identified local health and well-being needs - for example through the provision of safe and accessible green infrastructure, sports facilities, local shops, access to healthier food, allotments and layouts that encourage walking and cycling.

NPPF-117 Planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions. Strategic policies should set out a clear strategy for accommodating objectively assessed needs, in a way that makes as much use as possible of previously-developed or 'brownfield' land (Except where this would conflict with other policies in this Framework, including causing harm to designated sites of importance for biodiversity).

NPPF-118 Planning policies and decisions should: a) encourage multiple benefits from both urban and rural land, including through mixed use schemes and taking opportunities to achieve net environmental gains - such as developments that would enable new habitat creation or improve public access to the countryside; b) recognise that some undeveloped land can perform many functions, such as for wildlife, recreation, flood risk mitigation, cooling/shading, carbon storage or food production; c) give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, and support appropriate opportunities to remediate despoiled, degraded, derelict, contaminated or unstable land; d) promote and support the development of under-utilised land and buildings, especially if this would help to meet identified needs for housing where land supply is constrained Agenda Item 8

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and available sites could be used more effectively (for example converting space above shops, and building on or above service yards, car parks, lock-ups and railway infrastructure) (As part of this approach, plans and decisions should support efforts to identify and bring back into residential use empty homes and other buildings, supported by the use of compulsory purchase powers where appropriate); and e) support opportunities to use the airspace above existing residential and commercial premises for new homes. In particular, they should allow upward extensions where the development would be consistent with the prevailing height and form of neighbouring properties and the overall street scene, is well- designed (including complying with any local design policies and standards), and can maintain safe access and egress for occupiers.

NPPF-127 Planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users (Planning policies for housing should make use of the Government's optional technical standards for accessible and adaptable housing, where this would address an identified need for such properties. Policies may also make use of the nationally described space standard, where the need for an internal space standard can be justified); and where crime and Agenda Item 8

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disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

NPPF-170 Planning policies and decisions should contribute to and enhance the natural and local environment by: a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan); b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services - including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland; c) maintaining the character of the undeveloped coast, while improving public access to it where appropriate; d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and f) remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

Saved Local Plan 2001

C13 Within the Barrow Shopping Core and Other Barrow Town Centre Shopping Areas, as allocated under Policies C5 and C6, applications for hot food take-aways and restaurants will be subject to a requirement that their opening hours be restricted to 0600 to midnight.

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C6 On the ground floors of premises within the other Barrow Town Centre Shopping Areas only retail uses in Class A1, A2 and A3 will be permitted. Conversion of upper floors to residential use will be allowed where this will assist the regeneration of the area and will bring back into use a vacant property, subject to the application of the criteria contained in Policy B5 and the site being capable of providing an acceptable residential environment for future occupiers.

D1 The Borough's countryside will be safeguarded for its own sake and non-renewable and natural resources afforded protection. Development will be permitted in the countryside only where there is a demonstrable need that cannot be met elsewhere. Where necessary development is permitted any adverse effect on the rural character of the surroundings should be minimised subject to the development's operational requirements.

D21 In determining all applications submitted to it the local planning authority will have regard to the General Design Code set out in paragraph 5.4.27 of this plan.

In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements. Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention.

Development proposals in the countryside shall respect the diversity and distinctiveness of local landscape character. New farm buildings will, in general, be required to be sited within or adjacent to an existing farm building complex or in other well screened locations and to be subject to a complementary design and use of materials, with, where necessary, a 'planting' scheme.

Housing Chapter Alteration 2006

B10 Outside the settlements of Barrow, Dalton and the development cordons of villages listed in Policy B13, new residential development will only be permitted where it can be justified in accordance with Annex A of Planning Policy Statement 7 or revisions thereof. Agenda Item 8

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In addition the conversion of agricultural and other rural buildings to residential accommodation will not be permitted, unless the accommodation is to be occupied by those whose primary employment is in agriculture or forestry where a dwelling is essential for the working of a farm or woodland and there is no other suitable accommodation already available at the holding: or a) The applicant has made every reasonable attempt to secure suitable business re- use and the applicant is supported by a statement of the efforts which have been made, the minimum of which must include the premises being advertised, at a realistic price, for a minimum of 12 months, that no reasonable offer has been refused and that evidence is provided to show the property has been advertised on the open market at four times in local media at roughly equal periods over the year; or b) Residential conversion is a subordinate part of a scheme for business re-use; and c) The building is served by satisfactory access; and d) The scale of the conversion is appropriate to the building, its character and location.

B3 Applications for residential development on unallocated sites will be permitted where they accord with the sequential approach of the Structure Plan and also satisfy the following criteria: i) The site is located within the built up area of existing settlements or the development cordons identified in Policy B13; and ii) The siting, scale, layout and design (in the materials and form of the buildings) of the development is sensitive to the local environment, it promotes the principles of 'Secure by Design' and adequate parking provision is made; and iii) Adequate access arrangements can be provided, including servicing the site by the public transport and by cycle routes; and iv) The development is laid out in a way that maximises energy efficiency; and v) The development will not result in the loss of land which has a recognised or established nature conservation interest; and vi) The development must not cause an undue increase in traffic passing through Agenda Item 8

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existing residential areas such as to be detrimental to residential amenity or highway safety; and vii) Adequate water supplies, foul and surface water sewers and sewerage treatment facilities exist or can be provided; and viii) 'A risk-based approach will be adopted for development in or affecting flood risk areas to minimise the risk of flooding associated with the site and the potential effect development of the site might have elsewhere through increased run off or a reduction in the capacity of flood plains. This shall be in accordance with the sequential characterisation of flood risk set out in Table 1 of Planning Policy Guidance Note 25 'Development and Flood Risk; and ix) Where contamination is suspected, a desk study is undertaken and if necessary a site investigation is undertaken and remediation strategy submitted.

Local Plan 2017

Emerging Policy DS1 - Council’s commitment to sustainable development When determining planning applications the Council will take a positive approach to ensure development is sustainable. The Council will work pro-actively with applicants to find positive solutions that allow suitable proposals for sustainable developments to be approved wherever possible.

The Council is committed to seeking to enhance the quality of life for residents by taking an integrated approach to protect, conserve and enhance the built, natural and historic environment whilst ensuring access to essential services and facilities and a wider choice of housing. This will enable the Local Plan's Vision and Objectives to be met and to secure development that simultaneously achieves economic, social and environmental gains for the Borough.

Planning applications that accord with the Development Plan will be approved without delay, unless material considerations indicate otherwise.

Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise, taking into account whether: a) Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the National Planning Agenda Item 8

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Policy Framework (or any document which replaces it) taken as a whole; or b) Specific policies in the Framework (or any document which replaces it) indicate that development should be restricted.

Emerging Policy DS2 - Sustainable Development Criteria In order to meet the objectives outlined in Policy DS1, subject to other Development Plan policies which may determine the suitability of particular sites, all proposals should meet all of the following criteria, where possible, taking into account the scale of development and magnitude of impact and any associated mitigation by: a) Ensuring that proposed development incorporates green infrastructure designed and integrated to enable accessibility by walking, cycling and public transport for main travel purposes, particularly from areas of employment and retail, leisure and education facilities; b) Ensuring development does not prejudice road safety or increase congestion at junctions that are identified by the Local Highway Authority as being over-capacity; c) Ensuring access to necessary services, facilities and infrastructure and ensuring that proposed development takes into account the capacity of existing or planned utilities infrastructure; d) Ensuring that the health, safety and environmental effects of noise, smell, dust, light, vibration, fumes or other forms of pollution or nuisance arising from the proposed development including from associated traffic are within acceptable levels; e) Respecting the residential amenity of existing and committed dwellings, particularly privacy, security and natural light; f) Protecting the health, safety or amenity of occupants or users of the proposed development; g) Contributing to the enhancement of the character, appearance and historic interest of related landscapes, settlements, street scenes, buildings, open spaces, trees and other environmental assets; h) Contributing to the enhancement of biodiversity and geodiversity;

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i) Ensuring that construction and demolition materials are re-used on the site if possible; j) Avoiding adverse impact on mineral extraction and agricultural production; k) Ensuring that proposals incorporate energy and water efficiency measures (in accordance with the relevant Building Regulations), the use of sustainable drainage systems where appropriate and steers development away from areas of flood risk; l) Ensuring that any proposed development conserves and enhances the historic environment including heritage assets and their settings; and m) Development must comply with Policy DS3.

Where the applicant demonstrates that one or more of the criteria cannot be met, they must highlight how the development will contribute towards the achievement of the Local Plan objectives by alternative means.

Emerging Policy DS5 - Design New development must be of a high quality design, which will support the creation of attractive, vibrant places. Designs will be specific to the site and planning applications must demonstrate a clear process that analyses and responds to the characteristics of the site and its context, including surrounding uses, taking into account the Council's Green Infrastructure Strategy. Proposals must demonstrate clearly how they:

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f) Create a place that is easy to find your way around with routes defined by a well- structured building layout; g) Prioritise building and landscape form over parking and roads, so that vehicular requirements do not dominate the sites appearance and character; h) Exhibit design quality using design cues and materials appropriate to the area, locally sourced wherever possible; i) Respect the distinctive character of the local landscape, protecting and incorporating key environmental assets of the area, including topography, landmarks, views, trees, hedgerows, habitats and skylines. Where no discernible or positive character exists, creating a meaningful hierarchy of space that combines to create a sense of place; j) Create layouts that are inclusive and promote health, well-being, community cohesion and public safety; k) Incorporate public art where this is appropriate to the project and where it can contribute to design objectives; l) Ensure that development is both accessible and usable by different age groups and people with disabilities; m) Integrate Sustainable Drainage Systems of an appropriate form and scale; n) Mitigate against the impacts of climate change by the incorporation of energy and water efficiency measures (in accordance with the Building Regulations), the orientation of new buildings, and use of recyclable materials in construction; and o) Ensuring that new development avoids creating nesting sites for gulls e.g. through the provision of appropriate roof pitches.

Emerging Policy GI7 - Open Countryside Proposals acceptable within the open countryside will be supported providing they accord with the principles of the Green Infrastructure Strategy to make sure the form and character of development and its landscaping complements the setting and appearance of the surrounding area. Agenda Item 8

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Emerging Policy H5 - Residential development in the open countryside New housing in the open countryside will only be permitted where the Council is satisfied that the proposal meets specific local needs, including provision for rural workers, replacement dwellings, temporary accommodation to support a new rural enterprise and conversions. Applications will require supporting evidence prepared by a suitably qualified person to justify the need for such housing. Development must accord with relevant Local Plan Policies regarding landscape and biodiversity and the principles set out in the Council's Green Infrastructure Strategy.

Rural Workers Dwellings

1) Proposals for new-build rural workers dwellings in the open countryside will only be permitted where the dwelling is required to meet the proven essential needs of a rural worker and the following criteria are met: a) The business requires the permanent attendance of a worker on site; b) The need cannot be met by any existing dwelling or other accommodation at the business or in the general locality; c) Audited accounts from the previous three years show that the business is financially sound and has an evidenced prospect of remaining so; d) The size of the dwelling is appropriate to the need, the design is appropriate to the landscape, it is located adjacent to any existing buildings and uses the existing access; and e) A planning condition is attached to ensure that occupancy of the dwelling(s) is confined to rural workers.

Replacement Dwellings

2) The replacement of existing dwellings in the countryside will only be permitted where the replacement dwelling will make a positive visual contribution to the rural environment. Replacement dwellings will not be permitted where:

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a) The existing dwelling is a heritage asset, contributes to the setting of other heritage assets or makes a positive contribution to the character of the countryside; or b) The scale of the replacement dwelling does not match the dwelling that it is proposed to replace; or c) The existing dwelling is derelict (i.e. incapable of being re-inhabited without carrying out works requiring planning permission); or d) The existing dwelling is the habitat of wildlife species protected by law whereby expert advice must be sought to establish an appropriate course of action.

Temporary Accommodation

3) Accommodation that is required in relation to a new rural enterprise, such as a mobile home will only be approved on a temporary basis, subject to not causing an undue visual impact on the surrounding countryside or when viewed from a public right of way.

Conversions

4) Conversion of redundant or disused buildings will be permitted provided that: a) The application is accompanied by evidence that the building is structurally sound and capable of conversion without substantial rebuilding work or extension; b) The development would lead to an enhancement of the immediate setting of the building; c) The development is of a high standard of design appropriate to the character of the host building and the open countryside location; d) The development would be able to access the road network without the need to construct access roads, the nature of which would have an unacceptable impact on the landscape; e) Any ancillary buildings are appropriate in scale, design, materials and siting and can be located within the curtilage of the site without encroaching into the open countryside; and f) Any external amenity space is appropriate in size, scale and character to serve the Agenda Item 8

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proposed dwelling and its landscaping and boundary treatments are appropriate to the rural setting.

Emerging Policy N1 - Protecting and enhancing landscape character Land use proposals should protect and enhance where appropriate, local landscape character, as defined by contemporary adopted local landscape character guidance, currently the Cumbria Landscape Character Guidance and Toolkit. In addition, major land use proposals will require an assessment of the effects of the proposed development on landscape character and visual effects at the time of submission.

Where new development will impact upon the character of the landscape, such impact will need to be minimised and priority will be given to protecting and enhancing the landscape's distinct assets. Where there is loss or damage to the assets, the applicant must submit a statement demonstrating that this is unavoidable e.g. the development cannot be sited elsewhere due to operational requirements. In cases such as these, the unavoidable damage must be mitigated, and unavoidable loss must be compensated for, so that there is no net loss in resources.

High protection will be given to the undeveloped coast in order to maintain its openness, tranquillity, heritage and nature conservation value and to maintain the Borough's recreation and tourism appeal.

High protection will also be given to the setting of the Lake District National Park in order to maintain the valued views to and from this nationally designated area, its tranquillity and its attractiveness to tourists.

Measures to enhance the character of the Borough's landscape will be supported, with particular importance given to the following:

a) Improved access to the landscape for recreation and tourism, including managed access to the undeveloped coast. b) The regeneration of unsightly brownfield sites, particularly former industrial sites. c) Increase in tree and woodland cover where such planting complements the scale of the landscape.

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d) Enhancement of the nature conservation value of the landscape.

Emerging Policy R15 - The location of hot food takeaways Applications for hot food takeaways, including those which involve the relaxation of opening hours, will be permitted where: a) They are located within the urban boundaries of Barrow or Dalton or are within a Cordon Village identified in Policy H4; b) There is no adjoining purely residential use including on upper floors of the property; c) The applicant submits evidence to the Council's agreement to demonstrate that there will be no adverse impact upon local environmental amenities by reason of noise, odour, litter, waste disposal, traffic and parking; and d) Full details are submitted at application stage of any extraction equipment in order that the visual implications can be fully assessed. This is of particular importance if any heritage assets or their setting are affected which may require additional detail. Grease traps will be required where necessary.

Emerging Policy R16 - Opening hours of hot food takeaways When considering appropriate hours of operation for hot food takeaways, regard will be had to: a) The existence of an established evening economy in the area; b) The character and function of the immediate area; c) The potential benefits of the proposal for the wider community; and d) Impact on residential amenity.

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Emerging Policy R2 - Barrow Town Centre For the purposes of interpreting the relevant policies in this chapter, Barrow's Town Centre is identified in Appendix I.

Emerging Policy R3 - Barrow’s Primary Shopping Area The Primary Shopping Area is the focus for retail uses in Barrow. It's boundaries are shown in Appendix I. Proposals for other main town centre uses (i.e. not A1) will be supported within the defined primary shopping area, provided that: a) The proposal complements the retail function and makes a positive contribution to the vitality, viability and diversity of the town centre, in terms of maintaining active continuous retail frontages, signage and hours of opening; b) The proposal would not give rise, either alone or cumulatively, to a detrimental effect on the character and amenity of the primary shopping area, or cause an unacceptable harm to the amenity of town centre residents; and c) The proposal will not have an unacceptable impact upon the local highway network and acceptable levels of parking are available nearby.

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Page 108 PLANNING COMMITTEE

4th December 2018

INDEX

Page Reference Address Proposal

2 2018/0732 Land adjacent to Chapel Retention of chalet building on agricultural land for Hills Smallholding, Oak use as a rest room, eating area, wc provision and Lea Road, Barrow occasional sleeping over when animals are ill or lambing/calving.

11 2018/0742 Chapel Hills Extension of agricultural building for implement and Smallholding, Oak equipment storage. Lea Road Barrow. 19 2018/0652 73 Cavendish Street, Change of use from a Sandwich shop (Use class Barrow A3) to a hot food takeaway (use class A5)

32 2018/0728 Sizzle Inn, 50 Cavendish Application for removal or variation of condition no. Street, Barrow 3 of application 87/1055 (Change of use from shop to restaurant, takeaway and shop and external alterations) to allow opening from 6.00 to 4.00 Monday to Sunday

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DEVELOPMENT SERVICES

PLANNING COMMITTEE

th 4 December 2018

DEFERRED BOOKLET

PLANNING APPLICATION FOR DECISION

Deferred from 6th November 2018

Ladies and Gentlemen,

The applications within this report have been submitted for determination under the Town and Country Planning Acts and associated legislation.

All applications in this report are “Delegated” to this Committee but can be moved “Non-Delegated” by a Member of the Committee under the terms adopted for the Scheme of Delegation approved by Council, 16th May, 1994. Any such motion needs to be accepted by a majority of Members of the Committee present (Council, 8th August, 1995). All applications left as Delegated will be decided by the Committee and will not be subject to confirmation by Council.

The application plan numbers also refer to files for the purposes of background papers.

Jason Hipkiss

Planning Manager Agenda Item 9

Page 110 B12/2018/0553 Planning Committee TH 4 December 2018

Application Number : B12/2018/0553 Date Valid :10/08/2018 Address : Land at Dova Way Barrow-in- Case Officer : Jason Hipkiss Furness Cumbria Proposal : Temporary car park for 3 years, to provide 746 spaces for BAE Systems employees. Two access points are proposed off Dova Way. The car park will also be supported by a shuttle bus service. Ward : Barrow Island Parish : N/A Applicant : Mr David Haughian Cumbria Agent : Mr Steven Lyttle Capita County Council Statutory Date : 09/11/2018 Recommendation : Conditional Approval Barrow Planning Hub

At the heart of the 2018 NPPF is a presumption in favour of sustainable development (paragraph 11). Proposals that accord with an up to date Plan should be approved without delay, or where no such policies exist grant permission unless any adverse impacts of doing so would outweigh the benefits when assessed against the Framework. The document states that the purpose of the planning system is to contribute to the achievement of sustainable development through 3 overarching objectives;

 Economic; to help build a strong, responsive and competitive economy, thus supporting growth, and by coordinating the provision of infrastructure,  Social; to support strong and vibrant communities through the provision of sufficient range and numbers of housing within safe accessible and suitably services communities,  Environmental; to contribute to the protection and enhancement of the natural and historic, using land effectively, and mitigating and adapting to climate change.

The Framework recognises that these objectives should be delivered through local planning policies but are not criteria against which all decisions should be judged. Planning policies and decisions should play an active role in guiding development towards sustainable solutions, but in doing so should take local circumstances into account, to reflect the character, needs and opportunities of each area. Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and the wider opportunities for development.

Page 1 of 25 Agenda Item 9

Page 111 Relevant Policies and Guidance

Full details of the policies listed below are included in the appendix

Saved Local Plan Policies

1. Barrow Port Area Action Plan - Policy BP1 2. Barrow Port Area Action Plan - Policy BP2 3. Barrow Port Area Action Plan - Policy BP23 4. Barrow Port Area Action Plan - Policy BP4 5. Barrow Port Area Action Plan - Policy BP5 6. Barrow Port Area Action Plan - Policy BPSV1 7. Barrow Port Area Action Plan - Policy BPSV2

Emerging Draft Local Plan Policies

1. Submission Draft Local Plan – December 2017 - Emerging Policy C3a - Water management 2. Submission Draft Local Plan – December 2017 - Emerging Policy C5 - Promoting Renewable Energy 3. Submission Draft Local Plan – December 2017 - Emerging Policy C7 - Light Pollution 4. Submission Draft Local Plan – December 2017 - Emerging Policy DS1 - Council’s commitment to sustainable development 5. Submission Draft Local Plan – December 2017 - Emerging Policy DS2 - Sustainable Development Criteria 6. Submission Draft Local Plan – December 2017 - Emerging Policy DS5 - Design 7. Submission Draft Local Plan – December 2017 - Emerging Policy DS6 - Landscaping 8. Submission Draft Local Plan – December 2017 - Emerging Policy EC1 - Waterfront Business Park Strategic Employment Opportunity Area 9. Submission Draft Local Plan – December 2017 - Emerging Policy EC2 - Provision of Employment Land 10. Submission Draft Local Plan – December 2017 - Emerging Policy GI1 - Green Infrastructure 11. Submission Draft Local Plan – December 2017 - Emerging Policy GI4 - Green Spaces 12. Submission Draft Local Plan – December 2017 - Emerging Policy HC5 - Crime Prevention 13. Submission Draft Local Plan – December 2017 - Emerging Policy I1 - Developer Contributions 14. Submission Draft Local Plan – December 2017 - Emerging Policy I4 - Sustainable Travel Choices 15. Submission Draft Local Plan – December 2017 - Emerging Policy I6 - Parking 16. Submission Draft Local Plan – December 2017 - Emerging Policy N1 - Protecting and enhancing landscape character 17. Submission Draft Local Plan – December 2017 - Emerging Policy N3 - Protecting biodiversity and geodiversity 18. Submission Draft Local Plan – December 2017 - Emerging Policy N4 - Protecting other wildlife features

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Page 112 Summary of Main Issues

In order to progress their Car Parking Strategy (CPS), BAe are seeking to temporarily lease an area of remediated land on Waterfront Business Park from Cumbria CC to use as employee car parking. This would enable BAe to decant employees from existing car parks such as the HIP site on Michaelson Road during construction works on the car park decking. The availability of this temporary facility may also help to reduce pressure from indiscriminate parking around the streets of Barrow Island.

The use of the site results in a temporary loss of land available for industrial development within Waterfront. Should a firm offer of interest in the land from an employer be realised then a termination clause at 18 months is to be written into the contract whereby the car park use would cease.

Non Material Considerations

Response to Publicity and Consultations

Site notice displayed and advertised in the local Press

Neighbours Consulted

Street Name Properties Afton Street 20, 22, 25, 27, Annan Street 26, 28, Ayr Street 17, 18, 19, 20, James Watt Terrace Holmgarth, St Johns Vicarage, Ramsden Dock Road 53, 55,

Responses Support Object Neutral

0 0 0 0

Organisations Consulted

Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Planning Policy) Barrow Borough Council (Public Protection Services Contamination) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways) Cumbria County Council (LLFA) Office for Nuclear Regulation (Nuclear) United Utilities (Asset Protection)

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List of Organisation Responses

Barrow Borough Council (Planning Policy) 10/09/2018

Local Planning Policy Context

Barrow Port Area Action Plan

The site is within the Waterfront Business Park (BP 23) in the Barrow Port Area Action Plan.

The policies most relevant to the application are:

 Policy BP SV1: Strategic Vision for Barrow Port Area  Policy BP SV2: Spatial Strategy for Barrow Port Area Action Plan  Policy BP 1: Promoting Comprehensive Development  Policy BP 2: Development Quality and Sustainability  Policy BP 4: Conservation and Enhancement of the Natural and Built Environment  Policy BP 5: Environmental Management  Policy BP 23: Waterfront Business Park

Local Plan Submission Draft (December 2017)

The site is within the Waterfront Business Park Strategic Opportunity Area (Site EMR1) in the Submission Draft Local Plan.

The following draft policies in the Submission Draft Local Plan are relevant to the application: DS1, DS2, DS3, DS5, DS6, C3a, C5, C7, I1, I4, I6, EC1, EC2, EC4, HE5, N1, N3, N4, GI1, GI4 and HC5.

The Submission Draft Local Plan is now under examination. The hearing sessions were held in June 2018 and the Council has prepared a schedule of modifications for consultation. The weight which can be given to each policy will therefore differ depending on objections and proposed modifications. See the most up to date ‘Weight of Emerging Policy’ document for details

Supplementary Planning Documents

The adopted Biodiversity and Development SPD and the Draft Green Infrastructure SPD are material considerations.

Comments

The site is entirely within BP23 Waterfront Business Park in the Barrow Port Area Action Plan. This states that the development of the Waterfront Business Park will be promoted and supported as a key component of the Barrow Waterfront Gateway Opportunity Area and as a Regionally Significant Employment Site, with B1, B2 and B8 uses expected on the site.

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Page 114 This site is also entirely within the proposed employment allocation EMR03 Waterfront Business Park Strategic Opportunity Area in the Local Plan Submission Draft. Policy EC1 of the Local Plan states that “the Waterfront Business Park, identified as part of the wider Barrow Waterfront regeneration area, is an employment site of regional significance suitable for advanced manufacturing and supply chain growth.”

Loss of Employment Land

Policy EC2 of the Local Plan Submission Draft states that the appropriate use classes for the identified employment sites are B1, B2 and B8. It adds that “development proposals for alternative uses in these locations will be resisted, unless it is demonstrated to the satisfaction of the Local Planning Authority that there is no reasonable prospect of the site being used for employment purposes.”

Policy EC4 of the Local Plan Submission Draft states that proposals on land identified for employment uses should provide a statement demonstrating that (a) There is no demand for land on the site for employment purposes, including commercial evidence as to how the site has been marketed over the previous 12 months; and (b) Interventions to improve the attractiveness of the site for employment uses are not feasible.

Using a large proportion of the Waterfront Business Park as a temporary car park for three years will act as an obstacle to any potential business development on the site for three years. The proposal does not comply with policies EC2 and EC4 of the Local Plan Submission Draft as the Council has been working to increase the attractiveness of the site and has been assessing local occupier demand and raising the profile of the site with businesses. Local Growth Funding has also been used to undertake groundworks and servicing for the site.

Conclusion

The proposal does not conform with policy BP23 of the Barrow Port Area Action Plan or policies EC1, EC2 and EC4 of the Submission Draft Local Plan. Therefore, planning permission should be refused unless there are material considerations that indicate otherwise.

If planning permission is granted, the Policy and Regeneration team request that this should be limited to a maximum of two years. We would also like to see an agreement with the landowner that the use can be changed back to Use Class B if a suitable proposal came forward within the two year period."

Barrow Borough Council (Public Protection Services Contamination) 17/08/2018

B12/2018/0553 -Temporary car park for 3 years, to provide 746 spaces for BAE Systems employees. Two access points are proposed off Dova Way. The car park will also be supported by a shuttle bus service- Land at Dova Way Barrow-in-Furness Cumbria.

Thank you for the above consultation. I can confirm that I have reviewed the submitted information and I can now comment further.

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Page 115 I have no objections to the development in principle but the application has failed to address air quality as no mention of this key factor has been considered in the Design and Access Statement. Therefore i would request that an air quality assessment is carried out as soon as possible in line with current guidance. I am more than happy to forward baseline data upon request.

Finally, any air quality assessment should take into consideration 'accumulative' effects from nearby development, whether in situ or proposed.

Cumbria County Council (Emergency Planning) 13/08/2018

"This part of the BAE site is covered by the provision of the Radiation (Emergency Preparedness and Public Information) 2001 Regulations. There are no objections to the proposed development based on the information provided but it should be noted that the proposed development is situated within the Detailed Emergency Planning Area of the site. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements are made for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site. Accordingly I would be grateful if you could, in the event of the application being approved, advise the applicant to liaise with this office to allow for further discussion."

Office for Nuclear Regulation (Nuclear) 28/08/2018

The proposed development does not present a significant external hazard to the safety of the nuclear site.

Therefore, ONR does not advise against this development."

United Utilities (Asset Protection) 24/08/2018

"With regard to the above development proposal, United Utilities Water Limited (‘United Utilities’) wishes to provide the following comments.

According to our records there are three easements affected by crossing the proposed development site which is in addition to our statutory rights for inspection, maintenance and repair. The easements dated 16/11/1995, 10/12/1913,28/05/1929 United Utilities Refs: Z901, N625,N1208 has restrictive covenants that must be adhered to. It is the responsibility of the developer to obtain a copy of the document, available from United Utilities Legal Services or Land Registry and to comply to the provisions stated within the document. Under no circumstances should anything be stored, planted or erected on the easement width. Nor should anything occur that may affect the integrity of the pipe or United Utilities legal right to 24 hour access.

Page 6 of 25 Agenda Item 9

Page 116 Drainage Conditions

In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way. We request the following drainage conditions are attached to any subsequent approval to reflect this approach:

Foul Water

Condition 1

Foul and surface water shall be drained on separate systems.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

Surface Water

Condition 2

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 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 and 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 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.

A 900mm diameter public sewer crosses this site and we may not permit building over it. We will require an access strip width of 10 metres, 5 metres either side of the centre line of the sewer which is in accordance with the minimum distances specified in the current issue of "Sewers for Adoption", for maintenance or replacement.

A 300mm diameter public sewer crosses this site and we may not permit building over it. We will require an access strip width of 6 metres, 3 metres either side of the centre line of the sewer which is in accordance with the minimum distances specified in the current issue of "Sewers for Adoption", for maintenance or replacement.

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Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems.

The applicant can discuss any of the above with Developer Engineer, by email at [email protected].

Please note, United Utilities are not responsible for advising on rates of discharge to the local watercourse system. This is a matter for discussion with the Lead Local Flood Authority and / or the Environment Agency (if the watercourse is classified as main river)

Management and Maintenance of Sustainable Drainage Systems

Without effective management and maintenance, sustainable drainage systems can fail or become ineffective. As a provider of wastewater services, we believe we have a duty to advise the Local Planning Authority of this potential risk to ensure the longevity of the surface water drainage system and the service it provides to people. We also wish to minimise the risk of a sustainable drainage system having a detrimental impact on the public sewer network should the two systems interact. We therefore recommend the Local Planning Authority include a condition in their Decision Notice regarding a management and maintenance regime for any sustainable drainage system that is included as part of the proposed development.

For schemes of 10 or more units and other major development, we recommend the Local Planning Authority consults with the Lead Local Flood Authority regarding the exact wording of any condition. You may find the below a useful example.

Example condition

Prior to occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

a. Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and

b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.

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Please note, United Utilities cannot provide comment on the design, management and maintenance of an asset that is not in our ownership and therefore should the suggested condition be included in the Decision Notice, we will not be involved in discharging this condition.

Water Comments

If the applicant intends to obtain a water supply from United Utilities for the proposed development, we strongly recommend they engage with us at the earliest opportunity. If reinforcement of the water network is required to meet the demand, this could be a significant project and the design and construction period should be accounted for.

To discuss a potential water supply or any of the water comments detailed above, the applicant can contact the team at [email protected].

Please note, all internal pipework must comply with current Water Supply (water fittings) Regulations 1999.

General comments

Where United Utilities assets exist, the level of cover to the water mains and public sewers must not be compromised either during or after construction.

It is the applicant's responsibility to demonstrate the exact relationship between any United Utilities' assets and the proposed development.

A number of providers offer a paid for mapping service including United Utilities. To find out how to purchase a sewer and water plan from United Utilities, please visit the Property Searches website; https://www.unitedutilities.com/property-searches/.

You can also view the plans for free. To make an appointment to view our sewer records at your local authority please contact them direct, alternatively if you wish to view the water and the sewer records at our Lingley Mere offices based in Warrington please ring 0370 751 0101 to book an appointment.

Due to the public sewer transfer in 2011, not all sewers are currently shown on the statutory sewer records and we do not always show private pipes on our plans. If a sewer is discovered during construction; please contact a Building Control Body to discuss the matter further.

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Supporting information - Drainage

If the applicant intends to offer wastewater assets forward for adoption by United Utilities, the proposed detailed design will be subject to a technical appraisal by an Adoptions Engineer as we need to be sure that the proposal meets the requirements of Sewers for Adoption and United Utilities’ Asset Standards. The detailed layout should be prepared with consideration of what is necessary to secure a development to an adoptable standard. This is important as drainage design can be a key determining factor of site levels and layout. The proposed design should give consideration to long term operability and give United Utilities a cost effective proposal for the life of the assets. Therefore, should this application be approved and the applicant wishes to progress a Section 104 agreement, we strongly recommend that no construction commences until the detailed drainage design, submitted as part of the Section 104 agreement, has been assessed and accepted in writing by United Utilities. Any works carried out prior to the technical assessment being approved is done entirely at the developers own risk and could be subject to change.

Should this planning application be approved the applicant should contact United Utilities regarding a potential water supply or connection to public sewers. Additional information is available on our website http://www.unitedutilities.com/builders-developers.aspx."

------

Updated Officers Report

1. At your last meeting Members deferred this item in order for further information to be obtained from BAE and from Cumbria CC. Since then your officers have met with BAE and CCC representatives regarding the ongoing Car Parking Strategy (CPS) that evolved from the Successor programme. Dova Way formed part of this discussion, during which the views of Members were relayed to BAE, particularly the slow delivery of finished car parks and the problems of indiscriminate parking in the streets of Barrow Island. A further supporting statement from Savills on behalf of BAE forms appendices to this report. Members raised a series of issues which I have itemised as below;

Policy

2. It is accepted that the permanent use of the site for car parking would be contrary to the policies as previously discussed. In this respect the County have reiterated the contractual matter of a break clause at 18 months should there be developer interest in the site. This is also tempered by the expanse of land on these 2 plots that would remain as developable, even with the car park in situ, measured as 5.26 acres (2.1 Ha). In addition to this there is plot 3 (1.9 acres/0.8 Ha) and the plot to the north which has been sold to the Borough for managed workspace.

3. The underlying suggestion is that within the projected lifetime of the car park, there is sufficient space to meet any anticipated demand. Any demand for the entire area for a single undertaking is highly unlikely.

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Car Parking Strategy

4. Members will note the statement that securing consent for a period of 3 years on Dova Way is fundamental to delivery of the CPS, and that this period is a condition of the MOD funding for the remaining car parks. At the time of preparing this report the evidence from the MOD was not available but has been requested from BAe.

5. The proposed schedule of development is summarised as;

 Q2-Q4 (Apr-Dec) 2019; construction of HIP (436 spaces)

 Q1-Q4 (Jan-Apr) 2020; construction of Cornmill Crossing (250 spaces)

 Q1-Q2 (Jan-Feb) 2021; construction of Cavendish car park (282 spaces)

6. Each of these car parks capacity would be decanted to Dova Way during the construction works to complete each site, commencing with the HIP site in April 2019 following completion of the preparatory work on Dova Way. It is stated that a 3 year consent offers some room for delays in the programme, such as periods of bad weather or technical difficulties.

Access

7. In addition to the two vehicle access points off Dova Way, the car park also has a pedestrian access on the northern boundary leading to Ramsden Dock Road. In terms of walking times this equates to around 7 minutes walk to South Gate, 12 minutes to Bridge Road (Ship Gate) and a further minute to Kings Gate. If employees choose not to walk then BAe intend to introduce a shuttle bus service. This will run 5 times per hour between 0700- 0930h and 1500-1800h, as these are the peak hours for employee movements based upon normal working hours. A planning condition can be added to any approval to ensure that this service is maintained throughout the life of the car park.

Parking Enforcement

8. Members will be aware that there are plans to introduce a Traffic Regulation Order (TRO) for Barrow Island which will limit parking for non residents. This is currently at the legal stage and will become operational once signage and markings are introduced. This, in tandem with robust enforcement by the County Council, will help to alleviate the current problem of BAE staff ignoring company car parks and using the residential streets closest to their place of work to park all day. Within the Planning legislation there is little scope to force employees to use the car parks. This is an issue for BAe to address.

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Conclusion

9. Members raised a number of salient points at the last meeting, and I am satisfied that these have been addressed in the subsequent discussions and exchanges of correspondence with BAe’s agents. In terms of my recommendation I am still suggesting that the application is supported, but with two alterations.

Firstly, the length of the temporary consent will need to be extended to 3 years as this will allow for three currently undeveloped car parks to be completed as permanent facilities, (HIP, Cornmill Crossing, and Cavendish) Secondly, I am recommending a condition to ensure the provision of a shuttle bus. This will provide transport between the site and various BAe gates, supplementing a shuttle bus that the company have recently introduced between the existing car parks, the main shipyard gates, and Lakes House. I am therefore proposing a revised recommendation with amended conditions relating to the length of the consent and the requirement to maintain a shuttle bus service during the life of the car park.

Revised Recommendation

I recommend that Planning Permission is GRANTED subject to the Standard Duration Limit and the following conditions;

Compliance with Approved Plans

2. The development shall be carried out and completed in all respects in accordance with the application dated 10th August 2018 and the hereby approved documents defined by this permission as listed below, except where varied by conditions attached to this consent. Proposed Parking Layout BWFTCP-CAP-HMK-00-DR-C-0002 Rev P01 Proposed Lighting Layout BWFTCP-CAP-HLG-00-DR-EO-0003 Rev P01 Site Location Plan BWFTCP-CAP-GEN-00-DR-C-0001 Rev P02 Transport Assessment and associated appendices September 2018 Design & Access Statement July 2018

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

Operational Conditions

3. This consent is for a temporary period expiring on 4th Dec 2021 whereupon the bus shelters, lighting columns, and automated barriers including pedestrian turnstiles, shall be removed and the land reinstated no later than 4th March 2022, in accordance with a scheme that shall be subject to prior written agreement with the Planning Authority, unless a further application has been submitted to the Planning Authority for their approval.

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Reason

The site is not considered suitable for permanent occupation as a car park because it is recognised by policy EC1 in the emerging Development Plan as being within the Waterfront Business Park Strategic Opportunity Area.

4. During the operational life of the car park hereby approved by this consent, the occupier shall provide a shuttle bus service of suitable capacity and frequency to enable the transportation of employees in each direction between the application site and their place of employment. The service shall operate during the hours of 07.00-0930 and 1500-1800 Monday to Thursday, 07.00-930 and 1200-1530 on Friday, at a frequency of not less than 5 trips per hour, and outside of these hours at a frequency as shall be agreed in writing with the Planning Authority no later than 3 months after initial beneficial occupation of the site. The occupier shall thereafter review the service annually and provide a report for written approval by the Planning Authority. The service shall thereafter be operated as agreed.

Reason

The location of the car park relative to places of employment means that in order to ensure its proper use by employees, (thus meeting with the wider Car Parking Strategy) and in order to minimise the potential for on street parking, it is necessary that a suitable shuttle bus service is provided for users.

ORIGINAL REPORT

1. Site and Locality

1.1 Located on Barrow Island, Waterfront Business Park forms an extension to the docks area and has been subject to a lengthy programme of remediation to provide available serviced plots for employment purposes. The Masterplan consisted primarily of cleaning the site of historical contamination, the provision of services (ie gas, electric, telecoms) and the construction of new roads coupled with a network of footpaths. The area was also extensively landscaped. The development also created a new access road (Harding Rise) which links Michaelson Road with Ramsden Dock Road in order to bypass Island Road thus protecting numerous dwellings from traffic associated with the Park and also the wider docks area.

1.2 The application site has an area of just under 2 hectares, and is located on the north side of Dova Way opposite Resolution House, which is the recently constructed warehouse facility for BAe. It is enclosed by a mix of fencing and landscaping, and to the rear is a footpath which forms part of a network introduced to provide improved permeability across the business park generally. Following completion of the remediation works the site now consists of a compacted hard-core surface with vehicle and pedestrian access available from Dova Way.

1.3 To the north west is another serviced plot which received planning consent for office development, ref 2017/0790, earlier this year.

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2. Proposal Details

2.1 Temporary car park for 3 years, to provide 746 spaces for BAE Systems employees. Two access points are proposed off Dova Way. The car park will also be supported by a shuttle bus service.

2.2 At present, BAe offer several major car park facilities both on and off site, which are supplemented by smaller ones scattered across Barrow Island and beyond including Lakes House and the Forum rooftop. During the coming months, spaces on the main facilities will be lost due to displacement by building construction works and also from temporary loss of the car parks as permanent surfacing, signage and barriers are installed. A major element is the HIP car park deck, which is a significant project indicated to commence construction now in 2019 Q1 and expected to finish in late 2019. Some 450 spaces will be lost during this time, for which an alternative(s) has to be found.

2.3 In the current Car Parking Strategy (CPS) the Waterfront site is identified by BAe as a potential addition to a series of temporary car parks which will be needed in order to address the expected shortfall during late 2018 and into 2019 arising from construction works. The proposal is to utilise the application site prior to the HIP site decking work commencing so as to provide a seamless parking offer. The application is for temporary consent of three years, which is required in order to allow for any delays in delivery of the other car park improvements, whether site issue related or fiscal.

2.4 The application site is entirely within BP23 Waterfront Business Park in the Barrow Port Area Action Plan. This states that the development of the Waterfront Business Park will be promoted and supported as a key component of the Barrow Waterfront Gateway Opportunity Area and as a Regionally Significant Employment Site, with B1, B2 and B8 uses expected on the site.

2.5 This site is also entirely within the proposed employment allocation EMR03 Waterfront Business Park Strategic Opportunity Area in the Local Plan Submission Draft. Policy EC1 of the Plan states that “the Waterfront Business Park, identified as part of the wider Barrow Waterfront regeneration area, is an employment site of regional significance suitable for advanced manufacturing and supply chain growth.”

2.6 Policy EC2 of the Local Plan Submission Draft states that the appropriate use classes for the identified employment sites are B1, B2 and B8. It adds that “development proposals for alternative uses in these locations will be resisted, unless it is demonstrated to the satisfaction of the Local Planning Authority that there is no reasonable prospect of the site being used for employment purposes.”

2.7 Policy EC4 of the Local Plan Submission Draft states that proposals on land identified for employment uses should provide a statement demonstrating that (a) There is no demand for land on the site for employment purposes, including commercial evidence as to how the site has been marketed over the previous 12 months; and (b) Interventions to improve the attractiveness of the site for employment uses are not feasible.

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2.8 Using a large proportion of the Waterfront Business Park as a temporary car park for three years could act as an obstacle to any potential business development on the site for that period of time. Consequently, the proposal does not comply with policies EC2 and EC4 of the Local Plan Submission Draft. The Borough Council has been working to increase the attractiveness of the site and has been assessing local occupier demand and raising the profile of the site with the business community.

2.9 The principal issue therefore raised by this application relates to the loss of this area of identified Employment Land for up to 3 years taking account of local circumstances, and whether this outweighs the wider benefits arising from the provision of car parking as part of the Successor CPS. These benefits include reducing reliance on street parking within the residential areas of Barrow Island. (In the latest CPS the surveys show most of the roadside bays in use during business hours, and likely to be mostly BAe workers).

2.10 There are further aspects to consider. It is important that BAe gathers some improved degree of momentum in delivering finished car parks; ie with tarmacked surfacing, suitable drainage, marked out spaces, fully lit, landscaped and fitted with barriers to control and monitor usage. Any over reliance on temporary car parks may result in staff preferring to use street bays where available particularly during the winter months when the unmade car parks are in poor condition.

2.11 In tandem with the Plan Policy stance, the Council Plan has identified (Objective 1) the need to diversify the economy by securing public funding to provide ready serviced plots on Waterfront and actively marketing the site to attract inward investment. The use as a temporary car park for up to three years could result in the loss of such opportunities.

2.12 This was raised with the applicant who has responded to confirm that a further review of the CPS is underway. The review identifies a delay in the funding programme for the HIP scheme such that work will not commence until Feb 2019. Increases in the HIP costs have had a knock-on effect of delaying the start of the Cornmill Crossing car park construction until early 2020 and not late 2019 as previously stated. A revised statement, reproduced as appendices, confirms that a temporary 2 year period is now being sought.

3. Conclusions

3.1 The application raises conflicting issues. Whilst the temporary use of the car park provides extra capacity for BAe staff in order to allow the HIP decked car park to be developed, the Car Parking Strategy recently approved by the Authority identifies that numerically there is no requirement for this capacity beyond early 2020, that is, no longer than 18 months. Any lengthy occupation of the site would be contrary to both the emerging Development Plan and to the Council Plan which both seek to promote the site, as part of the wider business park, for employment purposes. However, there is a balancing exercise which should be applied here.

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3.2 I consider that allowing three years consent is excessive, in light of the Plan policies, Council objectives which seek to diversify employment using serviced plots like the application site, and the need for BAe to speed up its delivery of permanent car parks, in suitable locations, for its staff. However, it should be recognised that there is a need within the parking Strategy to provide a replacement whilst the HIP decking is constructed, from February 2019. I am also aware of the slow delivery of finished car parks by BAe. Accordingly I am recommending a consent period of 18 months.

Recommendation

I recommend that Planning Permission is GRANTED subject to the Standard Duration Limit and the following conditions;

Compliance with Approved Plans

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

Operational Conditions

3. This consent is for a temporary period expiring on 6th May 2020, whereupon the bus shelters, lighting columns, and automated barriers including pedestrian turnstiles, shall be removed and the land reinstated no later than 6th July 2020, in accordance with a scheme that shall be subject to prior written agreement with the Planning Authority, unless a further application has been submitted to the Planning Authority for their approval.

Reason

The site is not considered suitable for permanent occupation as a car park because it is recognised in the emerging Development Plan as being within the Waterfront Business Park Strategic Opportunity Area by policy EC1 ______

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Car Parking Strategy Addendum

This addendum to BAE Car Parking Strategy (May 2018) sets out the reasons to justify a temporary planning consent for Barrow Waterfront car park for a period of 2 years. It is noted that the Car Parking Strategy indicates that the site is only required for 18 months, however there are various factors, including funding and programme delays, which now mean that that the car park is required for an additional 6 months.

It should be noted that the Car Parking Strategy is a live document that requires monitoring to reflect current circumstances. As the document has not been updated since May 2018, it is now out of date, particularly as the baseline data is from early 2017 and the programme of current works and funding have changed. A review of the strategy is currently being undertaken. In the interim, this addendum sets out the current position of BAE Systems programme which is relevant to the Waterfront car park.

HIP Car Park The site of the former HIP building currently provides car parking capacity for 436 vehicles. This car park will be reconfigured to provide 841 spaces, including the provision of an expanded decked arrangement. The car park will be completely closed throughout its construction, with the Waterfront car park to be used as a temporary car park in place to offset any parking displacement.

The HIP car park is now due to close in February 2019. As a result of new governance procedures, funding will not be approved for this car park until the end of 2018, allowing a 2 month preparatory stage for the contractor before works commence on site. Work on this site was due to commence in Q4 2018, however due to funding governance and clarification and interviews of proposed contractors, the planned commencement date has slipped by one quarter to Q1 2019.

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Cornmill Crossing Car Park This car park was programmed to open with 675 spaces, with construction due to start in Q4 2019, however this is now delayed. This is due to the HIP construction costs being higher than previously estimated and therefore the budget provision for 2019 only allows for the construction of the HIP car park.

The construction of Cornmill Crossing car park is now programmed to start in Q1 2020 and open Q4 2020. The Waterfront car park is required to be operational until Cornmill Crossing car park is complete which further justifies a 2 year temporary planning consent. In the event that this is not possible then there are concerns that this may lead to employees parking off site which would cause disruption to local residents.

Waterfront Car Park The Waterfront car park will not open until Q1 2019 as funding governance is taking longer than expected. BAE cannot commit to funding approval until planning permission has been granted and therefore funding will not be released until late 2018.

The closure of the HIP car park needs to coordinate with the opening on the Waterfront car park. Therefore if planning permission is granted in November 2018, the car park would not be required to be operational until February 2019. This would use up 3 months of the temporary planning permission.

It is also important that a small contingency is programmed to account for potential delays from, for example, if any contamination and UXO are found or if weather delays construction.

Conclusion In conclusion, it is hoped that the above information provides sufficient information to justify a 2 year planning permission for the Waterfront car park. This would allow BAE Systems sufficient time to deliver the HIP and Cornmill Crossing car parks while

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16 November 2018 l jcb 161118 bbc

Jason Hipkiss Development Services Manager Barrow Borough Council John Bowles Town Hall Duke Street Barrow-in-Furness LA14 2LD 33 Margaret Street W1G 0JD T: +44 (0) 20 7499 8644 F: +44 (0) 20 7495 3773 savills.com

Dear Jason

Land at Dova Way, Barrow-in-Furness Proposed Temporary Car Park – BBC Application Ref: B12/2018/0553

I refer to the above planning application by Cumbria County Council (CCC) which was deferred at Barrow Borough Council (BBC) Planning Committee on 6 November 2018 pending receipt of further information to address questions raised by Members. As the proposed development is intended to be used by BAE Systems under the terms of a lease between it and Cumbria County Council, I write on behalf of BAE Systems to provide additional information in support of this application and in responses to Members questions.

Updated BAE Systems Car Parking Strategy (‘CPS’)

I attach a copy of the updated CPS schedule incorporating the changes discussed at our meeting on 12 November 2018. The headline changes to the schedule are as follows:

1. Personnel and Mode Split . The Baseline Personnel data has been updated and is derived from JANUS data spot checks in October 2018 (following the main holiday season). Based on BAE Systems personnel forecasts, the ‘Baseline Personnel’ and ‘Total predicted maximum personnel on-site’ are expected to remain relatively stable for the remainder of the SRP construction period (i.e. through to 2023) and the observed maximum number of on-site staff (6,550) has therefore been projected forward. Revised headcount projections will be incorporated in to the CPS when available, however, following discussions with BAE Systems, it is considered that the figure of 6,550 provides a robust forecast. . The baseline mode split (72.63%) and Travel Plan percentage impact remain unchanged.

2. Car Parking Provision and Programme . D38 Crew Parking - 50 spaces added to “Existing Car Parking Areas”. These spaces were omitted from the assessment previously; however as personnel accessing the car park are accounted for within the JANUS data, it is appropriate to include these spaces within the CPS. . Resolution Building - 50 spaces added to “Proposed Additional Parking (net gain)”. These spaces were previously allocated for visitor use, but have been used for staff parking since the start of 2018 and are accounted for within the JANUS data. . DDC Temporary Car Park - Still open in Q4 2018 (previously expected to close in Q3 2018). . HIP (Farm Street) - Number of permanent spaces increased from 351 to 405 spaces. All existing 436 spaces to be displaced during the construction of decked car park between Q1 2019-Q4 2019 (previously Q4 2018-Q2 2019). Car park to come online from Q1 2020 (previously Q3 2019). . Cornmill Crossing (Crew) - Existing 250 spaces to be displaced between Q1 2020-Q3 2020 (not previously forecast). Car park to come online from Q4 2020 (previously Q4 2019). . Crossfields - Number of temporary spaces increased from 100 to 130. Delays have resulted in spaces being available between Q1 2019 and Q4 2019 (previously Q3 2018-Q2 2019). . Tesco - Temporary parking on Tesco’s land (100 spaces) removed.

Offices and associates throughout the Americas, Europe, Asia Pacific, Africa and the Middle East..

Savills (UK) Limited. Chartered Surveyors. Regulated by RICS. A subsidiary of Savills plc. Registered in England No. 2605138. Registered office: 33 Margaret Street, London, W1G 0JD Page 20 of 25 Agenda Item 9

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. Waterfront - Online for 18 months from Q2 2019-Q2 2021 (previously Q4 2018-Q1 2020). . Cavendish Car Park – Existing 282 spaces proposed to be displaced between Q1 2019-Q2 2019 and follow the construction of Cornmill Crossing. Final car park results in additional capacity of 18 spaces.

The full CPS document is in the process of being updated and will be submitted formally to BBC and CCC in due course, together with the attached schedule.

Shuttle Bus Services and Pedestrian Routing

BAE Systems has an existing employee bus service. From 15 November, the bus service will operate three times per hour between the hours of 7:00am-8:00pm, Monday to Thursday and 7:00am-3:00pm Friday. The round trip bus service runs from Cornmill Crossing to Kings Gate, Main Gate and Lake House before returning to Cornmill Crossing. Each bus has capacity for up to 40 people (24 seats and 16 standing).

BAE Systems propose to introduce a similar bus service for the proposed car park at Waterfront (Dova Way). The car park design allows for bus circulation and incorporates three employee ‘pick up’ points, which is expected to encourage its use. The round trip bus service runs from the car park to South Gate, Engine Gate, Craven House, Kings Gate, before returning to the car park via South Gate. The bus service will run 5 times per hour between the hours of 7:00am-9:30am and 3:00pm-6:00pm and will supplement BAE Systems existing services.

It is expected users of the car park will primarily be based in Areas A, B and C (Bridge Road and Michaelson Road). Walking distances from these parts of BAE Systems’ site are between 500-1000m and, as shown on the plan at Figure 1 below, range in time from a 7-12 minute walk. Therefore, in addition to the bus service, the proposed car park is also well located and benefits from excellent pedestrian links to BAE Systems’ site.

Figure 1: Walking times from proposed car park to Areas A, B and C (Source: Royal HaskoningDHV)

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Duration of Temporary Permission

Securing a 3-year consent at Waterfront is fundamental to delivery of the Car Parking Strategy. BAE Systems immediate priority is construction of the HIP car park, for which MOD funding has been approved subject to securing both a lease and planning permission at Waterfront for the 3-year period required by the CPS. BAE Systems and Cumbria County Council have agreed a lease for 3-years that is subject to a break after 18 months to enable the County Council to terminate the lease if the site is required for development. This break has been accepted by BAE Systems on the basis it provides certainty to both Cumbria County Council and Barrow Borough Council that a temporary car park at Waterfront would not prevent the site from being brought forward for development within that period and, if that situation were to arise, the County Council and BAE Systems would work together to find acceptable suitable alternatives.

BAE Systems’ request for a 3-year consent is fundamental to implementation of the CPS. Providing additional (temporary) capacity at Waterfront, will enable BAE Systems to provide parking for cars that will be displaced by the car park construction programme. This is detailed above in this letter and the attached schedule and is summarised as follows:

. Q2 - Q4 2019: construction of HIP (436 spaces) . Q1 – Q4 2020: construction of Cornmill Crossing (250 spaces) . Q1 - Q2 2021: construction of Cavendish Car Park (282 spaces)

The sequence of car park construction demonstrates how Waterfront is key to minimising the displacement of vehicles and unlocking the construction process for the remaining permanent offsite car parks. Granting planning permission for Waterfront in December 2018 will enable the County Council to start its construction work for the car park in January 2019 for parking by BAE Systems in April 2019. A 3-year consent would run until December 2021 and facilitate the above car park construction period finishing in mid-2021, whilst also building in 6-months for slippage/delays.

I trust that the information above responds to queries from Members during the November meeting, but also provides Officers with additional information to demonstrate the need for a longer temporary consent duration commensurate with our request above.

I would be grateful if you could confirm receipt of this letter and confirm by reply that the information contained therein is sufficient to allow the application to be heard at the December Committee. Please do not hesitate to contact Emma Andrews, Henrik Dorbeck or myself should you have any queries.

Yours sincerely

John Bowles Director cc. David Haughian - Cumbria County Council Tim Clark - BAE Systems Marine

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Appendices of Saved and Emerging Policies

Note to Members

Below are the full wordings of the policies relevant to the applications found on the agenda today.

Saved Policies

The tilted balance is not engaged where all relevant policies are in date and there is a sufficient supply of housing land.

Emerging Policies

Barrow Port Area Action Plan

BP1 Promoting Comprehensive Development

The Council will promote the comprehensive redevelopment of the Action Plan Area and in particular of the identified Opportunity Areas. In order to deliver comprehensive development the Council will: Agenda Item 9

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1) Encourage and engage in partnership working to deliver the identified Key Sites;

2) Require that all proposals contribute to the identified strategic aims and will not result in conflict with neighbouring uses;

3) Refuse applications that do not conform with this comprehensive development approach; and

4) Consider the use of Compulsory Purchase (CPO) powers where necessary to achieve the required land assembly.

BP2 Development Quality & Sustainability

The Council will seek a design-led approach to sustainable development within the Action Plan Area.

Planning applications will be expected to address the following minimum requirements, as appropriate to their nature and scale:

BREEAM Assessment

A BREEAM Assessment must be carried out for all non-residential development with a floor space above 1,000 m2 and a rating of 'Very Good' or better will be encouraged.

All new housing developments above 30 homes will be encouraged to achieve a minimum of Level 3 of the Code for Sustainable Homes.

Layout

Building design and layout must:

.; contribute positively to the public realm;

.; respect existing, or locally characteristic street layouts, scale and massing;

.; maximise the benefits of a unique waterfront location in creating a sense of place;

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.; provide for new open space and landscaping which enhances and/or provides mitigation against loss of biodiversity;

.; have respect for its natural setting and where appropriate, landscape setting, in particular the nature conservation designations;

.; be orientated to make good use of daylight and solar gain.

Density

New housing should be developed at a density appropriate to its design and location and the objectives of housing market renewal, whilst mindful of the national indicative minimum density of 30 dwellings per hectare and the requirement to make efficient use of land.

Security

New developments shall accord with Secured by Design principles. New development must provide adequate and appropriate lighting and ensure definition of public and private space as a minimum.

Accessibility

The Council is committed to the principle of access for all, through inclusive design and will expect to see this addressed through new development applications.

Parking

Appropriate levels of carefully designed parking should be provided for development having regard to:

.; the standards set out in the Regional Spatial Strategy for non-residential developments;

.; the standards set out in the saved Supplementary Planning Guidance 'Parking Guidelines in Cumbria' for residential developments or any regional or local adopted policy superseding these.

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BP23 Waterfront Business Park

The development of the Waterfront Business Park will be promoted and supported as a key component of the Barrow Waterfront Gateway Opportunity Area and as a Regionally Significant Employment Site. A mix of commercial uses to a maximum of 65,000m2 of floorspace will be expected as follows (use classes as specified):

1) B1 - Business. This will be restricted to 20% of (65,000 m2) floorspace. 2) B2 - General Industrial 3) B8 - Storage and Distribution

The development of the Waterfront Business Park will be expected to conform to the following: a) Development should contribute positively to the creation of a new waterfront through: i) Ensuring a prominent frontage with buildings addressing the waterfront as a gateway; ii) Delivering public access to available areas of the waterfront; and b) A minimum BREEAM rating of Very Good is encouraged for all development. c) Development should provide and retain 3.55 ha for the relocation and enhancement of the existing allotments as a key community resource. d) Access shall be provided for pedestrians and cyclists in line with the design guidelines set out in this Area Action Plan. e) Development will be expected to contribute to enhanced vehicular access in the form of the Western Dock Access Road (Policy BP11). f) Permitted development rights for changes of use from B2 to B1 of the Use Classes Order use will be removed in order to maintain the proposed development mix, to reduce potential adverse impacts on Barrow town centre. g) Change of use from B2 to A2 of the Use Class Order will not be permitted for the above reasons. Agenda Item 9

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h) Where practicable, plans for training should be provided, in particular to facilitate links between business and education in Barrow. i) Development should be directed to the areas of the site with the lowest probability of flooding in accordance with the sequential approach set out in PPS25.

BP4 Conservation & Enhancement of the Natural & Built Environment

High quality schemes that enhance nature conservation and management, maintain and enhance biodiversity, preserve and enhance the historic environment and develop and respect landscape and built character will be promoted and supported. Particular emphasis will be placed on the following:

1) Proposals must preserve the setting and character of listed buildings and preserve or enhance the character or appearance of the Barrow Island and St. Georges Square Conservation Areas. Applications for outline consent within the conservation areas will not be acceptable. Consent for the demolition or partial demolition of listed buildings or of unlisted buildings that make a positive contribution to conservation areas will not be granted other than in exceptional circumstances.

2) The Action Plan Area includes parts of the South Walney and Piel Channel Flats SSSI and a site of regional importance in the form of Salthouse Pool County Wildlife site. The Council places a high value on the protection of these ecological features and in considering new development will ensure that proposals are not detrimental to the special interest of these sites.

3) Enhanced public access to these areas will be sought whilst having regard to nature conservation.

4) Where important archaeological remains or historic features exist or are likely to exist further archaeological and historic assessment will be required.

5) Development proposals which are likely to have a significant effect on a European Site (SAC/SPA) (either individually or in combination with other plans and projects) should be subject to an Appropriate Assessment. Any development that is considered to adversely affect the integrity of a European Site will not be permitted. Agenda Item 9

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6) The AAP area includes protected species, priority species and priority habitats. Surveys should be carried out to establish the presence, extent and density of these species and habitats before planning applications are determined and appropriate measures should be taken to safeguard habitats and species before any development commences. The first preference is to provide suitable inter-connecting habitats for these species within the relevant sites and within the AAP area. If this is not feasible suitable compensatory habitats should be provided outside the AAP area. Mechanisms should be put in place to manage and monitor these habitats to ensure that their biodiversity value is maintained.

BP5 Environmental Management

An integrated approach to the long term environmental management of the Action Plan Area will be adopted by:

1) Assessing all applications for new development against the Strategic Flood Risk Assessment (SFRA), any site specific Flood Risk Assessment and advice provided by the Environment Agency. Floor and access levels should be set at the minimum height necessary to ensure that the users of developments are safe from flooding.

2) Requiring the appropriate remediation of contaminated land through new development, particularly through the adoption of sustainable remediation techniques;

3) Requiring that all housing or industrial/commercial developments provide carefully screened provision for refuse and recycling, and access for waste collection vehicles;

4) Minimising the energy consumption requirements of new development through innovative and efficient design and alignment and by encouraging the incorporation of renewable energy technologies into new development wherever practicable as follows: a) The use of on site renewable energy equipment to reduce predicted CO2 emissions by at least 10% is encouraged in all residential development of 30 units or more. b) The incorporation of renewable energy equipment to reduce predicted CO2 emissions by at least 10% is encouraged in all non-residential development of 1000m2 floorspace or over. Agenda Item 9

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c) Small-scale community and on-site renewable energy projects will be encouraged and all developments of 10 homes or more will be encouraged to show consideration of on-site renewable energy potential.

5) Ensuring that wherever possible new developments adopt best practice in minimising water pollution.

BPSV1 Strategic Vision for Barrow Port Area

The Strategic Vision for the Barrow Port Action Plan Area is to:

1) Strengthen, revive and redevelop the Area as a high quality, sustainable location for urban living, working and leisure, maximising its waterfront location;

2) Enhance the natural and built environment, infrastructure and range and quality of facilities and attractions within the Area, reconnecting the town to its waterfront and making it an attractive place for residents and a destination of choice for visitors and tourists: and

3) Support the ongoing operation of the port.

BPSV2 Spatial Strategy for Barrow Port Area Action Plan

The Strategic Vision for the Action Plan Area will be realised by the development of Key Sites within the Marina Village and Barrow Waterfront Gateway Opportunity Areas and the safeguarding of land for port-related uses. The following sites are allocated for development: a) The Marina Village Opportunity Area:

1) Barrow Marina (M1, M2, M3, M4) as a focus for activity on the waterfront to include clubhouse and servicing facilities and a pedestrian/cycle bridge over Buccleuch Dock and a new link to Walney Channel (13.57 ha)

2) Marina Village Housing as a major new waterfront housing opportunity for the town Agenda Item 9

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set in quality public realm and with associated sports and leisure facilities (26.39 ha)

3) Land at Cavendish Dock (CD1, CD2) including a new Wildlife Attraction for the town with enhanced and sensitive access to the natural assets (80.05 ha)

4) Barrow Watersports Centre as a major new tourism and water based leisure opportunity (2.45 ha)

5) Salthouse Housing as a new waterfront housing area for Barrow adjacent to the natural assets of Cavendish Dock (7.96 ha) b) The Waterfront Gateway Opportunity Area:

1) Waterfront Business Park as a major new business and employment location for Barrow, including the relocation and enhancement of existing allotments (24.47 ha)

2) Barrow Island Housing (BIH1, BIH2, BIH3), housing, public realm improvements and open space to enhance the living environment of existing residents (29.94 ha) c) The Port:

1) Land retained for port-related use and development (BP8) (55.18 ha) as shown on the Proposals Map and in accordance with the area-wide policies in Section 4 and the site specific policies set out in Section 5 of this Area Action Plan.

Local Plan 2017

Emerging Policy C3a - Water management All new development will minimise its impacts on the environment through the following measures: a) New development will achieve the minimum standards for water efficiency, as defined by Building Regulations (Approved Document G). By the installation of fittings and fixed appliances, water recycling or other appropriate measures for the prevention of undue consumption of water and which recycle and conserve water resources. b) New development will be required to prioritise the use of sustainable drainage Agenda Item 9

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systems (SUDS) and ensure there is no increase in flood risk from surface water. Drainage systems should be of a high design standard and will benefit biodiversity and contribute to improved water quality. Developers will be expected to submit a Drainage Strategy that shows how foul and surface water will be effectively managed. Surface water should be discharged in the following order of priority: i. An adequate soakaway or some other form of infiltration system. ii. An attenuated discharge to a surface water body such as a watercourse. iii. An attenuated discharge to public surface water sewer, highway drain or another drainage system. iv. An attenuated discharge to public combined sewer.

Applicants wishing to discharge to public sewer will need to submit clear evidence demonstrating why alternative options are not available. c) Approved development proposals will be expected to be supplemented by appropriate maintenance and management regimes for surface water drainage schemes. d) On large sites, applicants should ensure that the drainage proposals are part of a wider, holistic strategy, which coordinates the approach to drainage between phases, between developers/landowners and over a number of years of construction. e) On greenfield sites, applicants will be expected to demonstrate that the current natural discharge from a site is at least mimicked. f) On previously-developed land, applicants should target a reduction of surface water discharge in accordance with the non-statutory technical standards for sustainable drainage produced by DEFRA. In demonstrating a reduction, applicants should include clear evidence of existing positive connections from the site with associated calculations on rates of discharge. g) Landscaping proposals should consider what contribution the landscaping of a site can make to reducing surface water discharge. This can include hard and soft landscaping such as permeable surfaces. h) The treatment and processing of surface water is not a sustainable solution. Surface water should be managed at source and not transferred. Every option should be investigated before discharging surface water into a public sewerage network. A discharge to groundwater or watercourse may require the consent of the Environment Agency or Cumbria County Council as Lead Local Flood Authority. Agenda Item 9

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The retrofitting of SuDS in locations that generate surface water run-off will be supported, subject to the criteria above.

Emerging Policy C5 - Promoting Renewable Energy New development must take into account the effects of climate change, promote the use of energy efficient methods and materials, and minimise its impact on the environment. Proposals will be encouraged to maximise the design of buildings, use of materials, their layout and orientation on site to be as energy efficient as possible.

All new developments will be encouraged to incorporate renewable energy production equipment, sources of renewable energy such as photovoltaics and the potential for renewable, low carbon or decentralised energy schemes appropriate to the scale and location of the development provided they accord with the requirements of Policy C6.

Emerging Policy C7 - Light Pollution The Council will seek to minimise light pollution and applications which propose new external lighting will be expected to demonstrate that:

a) The proposed artificial light has no adverse impact on the locality; or b) Measures will be taken to avoid, and where appropriate mitigate, any negative impacts of the effects of new lighting on local amenity resulting from the development; c) The proposal has no significant impact on a protected site or species e.g. located on, or adjacent to, a designated European site or where there are designated European protected species that may be affected; d) The proposal is not in or near a protected area of dark sky or an intrinsically dark landscape where it may be desirable to minimise new light sources; e) The proposal has no impact on wildlife (e.g. white or ultraviolet light) when being proposed close to sensitive wildlife receptors or areas, including where the light shines on water

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Planning applications that accord with the Development Plan will be approved without delay, unless material considerations indicate otherwise.

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junctions that are identified by the Local Highway Authority as being over-capacity; c) Ensuring access to necessary services, facilities and infrastructure and ensuring that proposed development takes into account the capacity of existing or planned utilities infrastructure; d) Ensuring that the health, safety and environmental effects of noise, smell, dust, light, vibration, fumes or other forms of pollution or nuisance arising from the proposed development including from associated traffic are within acceptable levels; e) Respecting the residential amenity of existing and committed dwellings, particularly privacy, security and natural light; f) Protecting the health, safety or amenity of occupants or users of the proposed development; g) Contributing to the enhancement of the character, appearance and historic interest of related landscapes, settlements, street scenes, buildings, open spaces, trees and other environmental assets; h) Contributing to the enhancement of biodiversity and geodiversity; i) Ensuring that construction and demolition materials are re-used on the site if possible; j) Avoiding adverse impact on mineral extraction and agricultural production; k) Ensuring that proposals incorporate energy and water efficiency measures (in accordance with the relevant Building Regulations), the use of sustainable drainage systems where appropriate and steers development away from areas of flood risk; l) Ensuring that any proposed development conserves and enhances the historic environment including heritage assets and their settings; and m) Development must comply with Policy DS3.

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a) Integrate with and where possible conserve and enhance the character of the adjoining natural environment, taking into account relevant Supplementary Planning Documents; b) Conserve and enhance the historic environment, including heritage assets and their setting; c) Make the most effective and efficient use of the site and any existing buildings upon it; d) Create clearly distinguishable, well defined and designed public and private spaces that are attractive, accessible, coherent and safe and provide a stimulating environment; e) Allow permeability and ease of movement within the site and with surrounding areas, placing the needs of pedestrians, cyclists and public transport above those of the motorist, depending on the nature and function of the uses proposed; f) Create a place that is easy to find your way around with routes defined by a well- structured building layout; g) Prioritise building and landscape form over parking and roads, so that vehicular requirements do not dominate the sites appearance and character; h) Exhibit design quality using design cues and materials appropriate to the area, locally sourced wherever possible; i) Respect the distinctive character of the local landscape, protecting and incorporating key environmental assets of the area, including topography, landmarks, views, trees, hedgerows, habitats and skylines. Where no discernible or positive character exists, creating a meaningful hierarchy of space that combines to create a sense of place; j) Create layouts that are inclusive and promote health, well-being, community cohesion and public safety; Agenda Item 9

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k) Incorporate public art where this is appropriate to the project and where it can contribute to design objectives; l) Ensure that development is both accessible and usable by different age groups and people with disabilities; m) Integrate Sustainable Drainage Systems of an appropriate form and scale; n) Mitigate against the impacts of climate change by the incorporation of energy and water efficiency measures (in accordance with the Building Regulations), the orientation of new buildings, and use of recyclable materials in construction; and o) Ensuring that new development avoids creating nesting sites for gulls e.g. through the provision of appropriate roof pitches.

Emerging Policy DS6 - Landscaping Landscaping should be viewed as an integral part of the design process and should include soft and hard landscaping, street furniture, lighting and public art where appropriate.

A Landscaping Scheme and maintenance regime will be required as part of a full planning application. This is particularly relevant where development will have a significant impact upon the surrounding environment or where the development occupies a site in a prominent location. The Cumbria Landscape Character Toolkit should be used as a baseline tool to determine the impacts of new development on the landscape and the type of landscaping and/or mitigation to be put in place.

All soft landscaping, including all existing trees, shrubs and planted areas should be shown along with details of any protective measures proposed. Details of new trees, shrubs and planted areas in terms of species, density, size, spacing and position should be included. Native species should be used with decorative species used only for accent purposes in support of other design objectives. Native planting is particularly important in areas adjacent to natural habitats e.g. watercourses.

Proposals must demonstrate that any soft landscaping proposed will have a positive visual impact upon the area and is able to survive in its environment.

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In terms of hard landscaping, materials used must be of a colour and texture appropriate to the locally distinctive character of the area, be durable, practical for the proposed use under a variety of weather conditions and incorporate permeable surfaces to alleviate run off.

Suitable maintenance regimes for soft and hard schemes will be the subject of planning conditions or unilateral undertakings as appropriate.

Emerging Policy EC1 - Waterfront Business Park Strategic Employment Opportunity Area The Waterfront Business Park, identified as part of the wider Barrow Waterfront regeneration area, is an employment site of regional significance suitable for advanced manufacturing and supply chain growth. In addition, proposals seeking to expand the port and its role in supporting the development of the 'Energy Coast' will be supported subject to proposals meeting the criteria set out in the Barrow Port Action Area Plan Document (2010) as periodically reviewed.

Emerging Policy EC2 - Provision of Employment Land The Council will maintain an adequate supply and choice of land and floorspace for employment development by allocating sites at a rate ahead of the projected employment land requirement for the Plan period. This provision will be met on the following Employment Sites, which are identified on the Proposals Maps (Appendices A- C) and in Appendix E:

Site Area Appropriate Use Classes EMR1 Remaining Part of Furness Business Park 0.4ha B1, B2 EMR3 Waterfront Business Park, Barrow 18.5ha B1, B2 (within Local Enterprise Zone), B1, B2, B8 (outside Local Enterprise Zone) Agenda Item 9

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EMR5 Land East of Park Road, Barrow 7.0ha B1, B2, B8 EMR6 Land West of Robert McBride, Park Road, Barrow 6.4ha B1, B2, B8 EMR7 Land South of Kimberley Clark, Park Road, Barrow 4.9ha B1, B2, B8 EMR8 Land West of County Park Industrial Estate, Park Road, Barrow 1.5ha B1, B2, B8 EMR11 Ulverston Road, Dalton 0.4ha B1, B2 EMR12 Land at Billings Road, Dalton 1.4ha B1, B2 EMR13 Former Training Centre, North Scale 0.5ha B1, B2 EMR15 Land Opposite Phoenix Court, Barrow 0.5ha B1, B2 Agenda Item 9

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Total 41.5ha

The appropriate use classes referred to above are B1, B2 and B8. Development proposals for alternative uses in these locations will be resisted, unless it is demonstrated to the satisfaction of the Local Planning Authority that there is no reasonable prospect of the site being used for employment purposes.

Development on windfall sites will be permitted, subject to the requirements of Policy EC3.

Emerging Policy GI1 - Green Infrastructure The Council, through the preparation and adoption of the Green Infrastructure Strategy SPD, Masterplans and Development Briefs will identify and promote the creation, enhancement and protection of a Green Infrastructure Framework designed to maintain, enhance, expand and connect a network of natural and man-made green and blue spaces together along with the project focus necessary to secure and implement its delivery.

The Council will work proactively with the community, public sector partners, voluntary sector, developers and utility providers to:

(a) Ensure that all new development contributes to the protection and enhancement of the Borough's distinctive and valued landscape and settlement character implementing a network of Green Infrastructure as the context and setting for coherent and locally distinctive place making.

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and its supporting Green Infrastructure into sustainable, attractive multi-functional layouts.

(c) Integrate sustainable movement choices at all scales that support domestic, leisure and tourism movements around and beyond the Borough to actively encourage improved health, fitness and well-being.

(d) Protect and integrate amenity open spaces, playing fields, sports pitches and play areas within areas of Green Infrastructure including where a need is demonstrated.

(e) Protect, support and enhance biodiversity by creating inaccessible and well- connected habitat within and between neighbouring areas that allows wildlife to co-exist undisturbed whilst improving peoples accessibility to nature;

(f) Include adaptive measures to help offset climate change including sustainable urban drainage (SUDs) management and tree planting to reduce the impact of flooding and assist in the cooling of `urban heat islands'; and

(g) Facilitate local food production in allotments, gardens and adjacent agriculture

Emerging Policy GI4 - Green Spaces Green Spaces within the urban area make an important contribution to community life, streetscene character and biodiversity. They will need to be retained within the existing built up area as well as being provided for in new housing layouts.

Where development is proposed adjacent to a Green Space it will need to show how the form and character of existing spaces are to be maintained, incorporated or enhanced.

Proposals will also need to demonstrate how new green spaces are to provide a focal setting for new development as part of a wider landscaping scheme that contributes to creating a sense of place, improved accessibility and community safety.

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Emerging Policy HC5 - Crime Prevention The design, layout and location of new development should contribute towards the creation of a safe and accessible environment, and the prevention of crime, and fear of crime.

Developers should:

a) Ensure the design, landscaping or any feature does not create isolated or secluded areas; b) Demonstrate the design, layout, screening/landscaping enables a natural surveillance of the surrounding area and promotes neighbourliness; c) Incorporate adequate lighting and security measures where appropriate e.g. communal and parking areas, taking into account the impact on light pollution, the natural environment and residential amenity; d) Design layouts to promote ownership by residents and encourage use of communal areas e) Create clear and legible pedestrian and cycle routes that prevent unobserved access.

Emerging Policy I1 - Developer Contributions Development and infrastructure provision will be coordinated to ensure that growth is supported by the timely provision of adequate infrastructure, facilities and services. The Infrastructure Delivery Plan will be used to identify the timing, type and number of infrastructure requirements to support the objectives and policies of the Plan as well as the main funding mechanisms and lead agencies responsible for their delivery.

All development should make the most efficient use of existing infrastructure where there is capacity. Where developments will create additional need for improvements / provision of infrastructure, services or facilities or exacerbate an existing deficiency, contributions will be sought to ensure that the appropriate enhancements / improvements are made, and appropriate management arrangements are in place. Consideration will be given to how these requirements will affect the viability of Agenda Item 9

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development.

The types of infrastructure that developments may be required to provide contributions towards include, but are not limited to:

- Utilities and waste;

- Flood prevention and sustainable drainage measures;

- Transport (highway, rail, bus and cycle / footpath network and any associated facilities);

- Community Infrastructure including health, education, libraries, public realm, heritage and geological assets and other community facilities (see 5.2.1.);

- Green Infrastructure (such as outdoor sports facilities, open space, parks, allotments, play areas, enhancing and conserving biodiversity and management of environmentally sensitive areas); and

- Climate change and energy initiatives through allowable solutions.

Developer contributions for the above will be informed by relevant up to date and robust evidence where applicable.

Where appropriate, the Council will permit developers to provide the necessary infrastructure themselves as part of their development proposals, rather than making financial contributions, subject to agreement with relevant consultees.

Emerging Policy I4 - Sustainable Travel Choices Development will be accessible by a range of sustainable transport options, including walking, cycling and public transport. Early engagement with the Borough Council and the Local Highways Authority is encouraged. Development likely to generate significant levels of transport within isolated and poorly accessible areas will be resisted unless a clear environmental, social or economic need can be demonstrated.

Proposals should provide direct and safe access to the existing footpath and cycle network including pedestrian links between developments and bus stops to maximise Agenda Item 9

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use of public transport to access green space, shopping, schools, health and other amenities. Where this would require the provision of links beyond the development site, such as provision of new footpaths and cycleways or a new or enhanced bus service an appropriate planning obligation will be negotiated between the local planning authority and the applicant.

Pedestrian and cycle routes within new developments must be suitably lit so as to create a safe, attractive and useable environment for all.

Development proposals located on, or adjacent to, a proposed network of cycle routes should incorporate the appropriate section of route, and / or links to it. Where development affects the line of an existing route, the route will be required to be reinstated, or an acceptable alternative provided. The continuing integrity of the route should be maintained through the construction process. Routes, both interim and replacement, should be constructed to a standard and design acceptable to the Council and consistent with the Green Infrastructure Strategy requirements.

Secure cycle parking provision, in accordance with the Council's adopted guidelines, will be required in all new car parks, particularly those associated with housing, employment, retail, leisure and educational developments. In addition the Authority will encourage the provision of shower facilities at employment-generating developments.

The Council will encourage the integration of vehicle charging infrastructure within new development, particularly commercial development.

Emerging Policy I6 - Parking Proposals for new developments will be required to provide evidence to demonstrate that adequate parking provision has been provided in consultation with the Local Highways Authority and in accordance with the parking standards in the "Parking Guidelines in Cumbria" SPG or any update to it.

In areas suffering from significant on-street parking problems, greater provision will be sought where possible, or alternative arrangements will be required. When applying parking standards each site should be assessed on its own merits and, if a developer can demonstrate to the satisfaction of the authority that their proposed parking provision is sufficient, the 'Parking Guidelines in Cumbria' can be relaxed in favour of the demonstrated proposal.

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The design of on and off site parking provision will be safely accessible and appropriate to the streetscene and character of the local area. Consideration should be given to Policy C3 (water management) and Policy DS6 (landscaping).

Measures to enhance the character of the Borough's landscape will be supported, with particular importance given to the following:

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c) Increase in tree and woodland cover where such planting complements the scale of the landscape. d) Enhancement of the nature conservation value of the landscape.

Emerging Policy N3 - Protecting biodiversity and geodiversity The Council will support development which maintains, protects and enhances biodiversity across the Borough. Proposals for new development should protect, maintain and enhance the quality of biodiversity habitat and improve access to important biodiversity areas, and will be required to show full details of measures to achieve this in the form of a suitable Management Plan. Consideration must be given to the relevant Supplementary Planning Guidance.

Designated biodiversity and geodiversity sites

There is a presumption in favour of the preservation and enhancement of sites of international and national importance. Development proposals that would cause a direct or indirect adverse effect on any site of international or national importance, including its qualifying habitats and species will only be permitted where the Council and relevant partner organisations are satisfied that:

The development cannot be located on an alternative site with less harmful impacts and

Any adverse impacts can be mitigated for example through appropriate habitat creation, restoration or enhancement on site or in another appropriate location, in agreement with the Council and relevant partner organisations, via planning conditions, agreements or obligations.

Where mitigation is not possible or viable or where there would still be significant residual harm following mitigation, compensation measures should be made to provide an area of equivalent or greater biodiversity value. Compensation should be secured through planning conditions or planning obligations.

Special compensation considerations apply in the case of Natura 2000 sites. If harm to such sites is allowed because the development meets the above criteria and imperative Agenda Item 9

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reasons of overriding public interest have been demonstrated, the European Habitats and Wild Birds Directive requires that all necessary compensatory measures are taken to ensure the overall coherence of the network of European Sites as a whole is protected.

Local wildlife sites and geological designations such as County wildlife sites, wildlife corridors and Local Geological Sites (LGS) will be afforded a high degree of protection from potentially harmful development, unless a strong socio-economic need can be demonstrated and the development cannot be situated in a less sensitive location.

Assessing the effects of development on biodiversity and geodiversity

Where there is evidence to suspect the presence of protected species, the planning application should be accompanied by appropriate, up-to-date surveys carried out at the correct time of year for the particular species assessing their presence to ensure that the proposal is sympathetic to the ecological interests of the site.

Proposals for new development on designated biodiversity and geodiversity sites should be accompanied by appropriate surveys identifying the potential effects of the development upon the designated biodiversity and geodiversity sites.

The surveys should be undertaken by a qualified person in order to provide a basis for decisions on: a) The development potential of the land b) Any necessary appropriate mitigation c) The means of working necessary to avoid harm to wildlife.

Where mitigation is required in the form of species translocation, the Council will work with partners to identify suitable sites for translocation.

Emerging Policy N4 - Protecting other wildlife features New development should conserve and enhance biodiversity features, and proposals for new development should be submitted with landscaping proposals, including a Management Plan, which show how existing trees, riparian corridors/trees, hedgerows, ponds and other wildlife features will be integrated into the development. Landscaping Agenda Item 9

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proposals should also include new trees and other planting of suitable species for the location to enhance the landscape of the site and its surroundings as appropriate.

Trees which positively contribute to the visual amenity and environmental value of that location will be protected. New development should not result in the loss of or damage to ancient woodland or veteran or aged trees outside woodland.

Where the conservation of biodiversity features cannot be achieved, the applicant must justify their loss. Where the Council is satisfied that the loss is adequately justified, replacement trees, hedgerows, ponds and other wildlife features will be required.

Proposals which include landscaping proposals, replacement of wildlife features, new wildlife features, or which integrate existing wildlife features into the development, will be required to demonstrate that measures will be put in place to manage these features as appropriate, including the use of suitable legal agreements.

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