Development Panel Will Meet on Tuesday 16 December 2014 at 1.00 Pm in Council Chamber - Allerdale House

Friday 5 December 2014

Development Panel Will meet on Tuesday 16 December 2014 at 1.00 pm in Council Chamber - Allerdale House

Membership: Councillor Peter Bales (Chairman)

Councillor John (Binky) Armstrong Councillor Carole Armstrong Councillor Nicky Cockburn Councillor Bill Finlay Councillor Margaret Jackson Councillor Peter Kendall Councillor Jim Lister Councillor Billy Miskelly Councillor Sam Standage Councillor Martin Wood Councillor Joan Wright

Members of the public are welcome to attend the meeting. If you have any questions or queries contact Paula McKenzie on 01900 702557.

Agenda

1. Minutes (Pages 1 - 22)

To sign as a correct record the minutes of the meeting held on Tuesday 25 November 2014.

2. Apologies for absence

3. Declaration of Interest

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

4. Questions

To answer questions from members of the public – 2 days notice of which must have been given in writing or by electronic mail.

5. Development Panel. 2.2014.0628 - Land East of Carrick Dean, Edderside. Erection of a single turbine 23m tower (35m to blade tip), access track and associated infrastructure (Pages 23 - 34)

6. Development Panel. 2.2014.0710 - The Flatt, Kirkbampton. Proposed installation of Kingspan KW15 domestic wind turbine. 15m to hub 19.9m to tip (Pages 35 - 46)

7. Development Panel. 2.2014.0465 - Holmewood Residential Home, Lamplugh Road, Cockermouth. Three detached dwellings (Pages 47 - 56)

8. Development Panel. 2.2014.0414 - Land at Blooming Heather, Dearham. Outline application for single dwelling (Pages 57 - 70)

9. Development Panel. 2.2014.0768 - 8 Row Brow, Dearham. Proposed 2 storey side and 1 storey rear extension to provide additional living space (resubmission) (Pages 71 - 76)

Corpora te Director

Date of Next Meeting Thursday 18 December 2014 at 1.00 pm Energus, Workington

Agenda Item 1

At a meeting of the Development Panel held in Council Chamber - Allerdale House on Tuesday 25 November 2014 at 1.00 pm

Members

P Bales (Chairman)

J Armstrong B Miskelly C M Armstrong T North N Cockburn S Standage J Cowell M G Wood P G Kendall J Wright A J Markley

Apologies for absence were received from Councillors B Finlay, C M Jackson and J Lister.

Staff Present

C Chambers, K Kerrigan, P McKenzie, A Seekings, S Sewell and R Wilson.

271 Minutes

The minutes of the meeting held on Tuesday 4 November 2014 were signed as a correct record.

272 Site Visits

The following Councillors were present at the site inspections, planning references 2/2014/0520 – Arkleby House Farm, Arkleby and 2/2014/0582 - Installation of a single wind turbine with a hub height of 24.8m and tip height of 34.5m, Oughterside Mill, Oughterside, Wigton.

C Armstrong, P Bales, N Cockburn, P Kendall, B Miskelly, T North, S Standage, M Wood and J Wright.

273 Public participation

The following objectors/supporters/applicants/agents addressed the Panel.

The applicant James Lister spoke in support of application 2/2014/0582.

The applicant Harry Wilkinson and agent Adrian Rose, Universal Renewables spoke in support of application 2/2014/0520.

The agent Michael Sandelands, HFT Gough & Co. on behalf of Glen Beattie, Alpha Design spoke in support of application 2/2014/0610.

Page 1 Martin J Jowsey outlined his own, Anthony Holliday and Anne Asquith’s objections to application 2/2014/0462. The agent Sam Greig exercised his right of reply.

Scott Norris and Chris Ingham outlined their objections to application 2/2014/0293. The agent Susan Bell, Neo Environmental exercised her right of reply.

The agent Richard Hortin, Earthmill Ltd spoke in support of application 2/2014/0484.

Ward Councillor Duncan Fairbairn spoke in support of application 2/2014/0698. The agent Anthea Jones, Planning Branch Ltd exercised her right of reply.

The agent Anthea Jones, Planning Branch Ltd spoke in support of application 2/2014/0753.

Ward Councillor Bill Jefferson spoke in support to application 2/2014/0550. The agent Christopher Reed, Architectural Design and Planning Ltd exercised his right of reply.

274 Declaration of Interest

8. Development Panel 2.2014.0610 Brigham Road, Cockermouth. Residential development for 15 no. dwellings including 3 no. affordable dwellings plus associated infrastructure and landscaping. Councillor Sam Standage; Disclosable Pecuniary Interest; 2/2014/0610 - Due to living adjacent to application site.

10. Development Panel 2.2014.0293 Dundraw Farm, Dundraw, Wigton. Installation of a 500kW wind turbine (67m to blade tip) and its associated infrastructure (crane pad, access track and meter house). Councillor Joseph Cowell; Disclosable Pecuniary Interest; 2/2014/0293 - Due to taking part in a public debate relating to the application.

275 Questions

None received.

276 Development Panel 2.2014.0582 Oughterside Mill, Oughterside, Wigton CA7 2PZ. Proposed siting of 1 x 24.8M high (hub) wind turbine with a tip height of 34.5m

The application: Installation of a single wind turbine with a hub height of 24.8m and tip height of 34.5m, Oughterside Mill, Oughterside, Wigton.

The Senior Planning Officer recommended refusal.

The Senior Planning Officer outlined the application and detailed the main issues within the report.

Page 2 Members noted 19 letters of objection, the grounds of which were noted in the officer’s report.

Councillor N Cockburn moved refusal. This was seconded by Councillor T North.

Councillor M Wood moved approval. This was seconded by Councillor C Armstrong.

A vote was taken, 7 in favour of approval, 4 against and 1 abstention.

The motion in favour of approval was carried.

The decision: Approved.

Conditions: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: LP01 – Site Location. 001598 – Elevation. EWP50_F_001 – Foundation. Reason: In order to ensure a satisfactory standard of development.

3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first connected to the grid. Within 12 months of the cessation of electricity generation at the site or the expiration of this permission, whichever is the sooner, all development shall be removed and the land restored in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To ensure the satisfactory long term restoration of the site, and the removal of any non essential development in the open countryside to safeguard the visual amenity of its site and surroundings in the open countryside.

4. If the turbine ceases to be operational for a continuous period of 6 months, the development hereby permitted shall, within a period of 3 months (or such longer period as may be agreed in writing by the Local Planning Authority), be removed in its entirety from the site and the site shall either be restored to its condition before the development took place, or otherwise in accordance with a scheme that shall have first been submitted to and approved in writing by the Local Planning Authority. Reason: To safeguard the visual amenity of the site and surroundings from non essential development in the open countryside.

Page 3

5. Within 12 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. Reason: In the interests of visual amenity.

6. Prior to the erection of any turbine details of the colour and finish shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To minimise the visual impact of the development of its site and surroundings in the open countryside.

7. Prior to the erection of the wind turbine, the developer shall provide written confirmation to the Local Planning Authority, NATS en-route plc, and the Ministry of Defence of the proposed date for commencement; the anticipated date of completion of construction, the height above ground level of the highest structure and the position of the turbine in latitude and longitude. Reason: In the interests of air safety.

8. (a) Noise from the turbine shall not exceed an LA90, 10min of 35dB(A) up to wind speeds of 10m/s at 10m in height when assessed and measured 3.5m from the façade of the nearest noise sensitive receptor, namely ‘Beech Hill, Oughterside, Wigton, CA7 2QA’ (in existence at the date of this permission)’. (b) Noise from the turbine shall not exceed an LA90, 10min of 45dB(A) up to wind speeds of 10m/s at 10m in height when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive receptor, namely ‘Oughterside Mill, Wigton, CA7 2PZ’. Reason: In the interests of amenity

9. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the independent consultant’s assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of Condition 1 was confirmed in the assessment the operation of the turbine will cease until the Local Planning Authority is satisfied the turbine can operate within the noise limits specified in Condition 10. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than three kilometres from the wind turbine generator. Reason: In the interests of amenity

Page 4 10. No development shall take place until a Construction Traffic Method Plan (CTMP) has been submitted to, and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved CMPT which shall include: i) details of the construction of the site access, ii) details of any accommodation works and a programme for their removal and the reinstatement of any street furniture and verges long the route to the construction site, iii) details of road improvements/repairs that may be necessary as a consequence of the development, iv) details of vehicle parking, manoeuvring, loading and unloading during the development, v) construction traffic routing including scheduling and timing of movements, details of abnormal load escorts, temporary warning signs for vehicle drivers/pedestrians and management of junctions/crossings of highway and footpaths, and vi) full dimensions of the turbine and associated components. Reason: In the interests of highway safety.

277 Development Panel 2.2014.0520 Arkleby House Farm, Arkleby, Wigton CA7 2BP. Installation of a WES250 250kW single wind turbine on a 31m hub height, 45m tip height and associated infrastructure, including a substation.

The application: Installation of a WES250 250kw single wind turbine on a 31m hub height, 45m tip height and associated infrastructure, including a substation, Arkleby House Farm, Arkleby, Wigton.

The Senior Planning Officer recommended refusal.

The Senior Planning Officer outlined the application and detailed the main issues within the report.

Members noted 1 letter of objection, the grounds of which were noted in the officer’s report and a response from Environmental Health which appeared on the Late List.

Councillor J Armstrong moved refusal. This was seconded by Councillor N Cockburn.

Councillor M Wood moved approval. This was seconded by Councillor C Armstrong.

A vote was taken, 7 in favour of approval, 5 against and 0 abstentions.

The motion in favour of approval was carried.

The decision: Approved.

Conditions:

Page 5 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: SP1 - Site Plan (1:2500) LP1 - Location Plan with Red/Blue line Turbine base/substation Plan (1:2500) - received 7th November 2014 M.20170 - Turbine elevation Reason: In order to ensure a satisfactory standard of development.

3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first connected to the grid. Within 12 months of the cessation of electricity generation at the site or the expiration of this permission, whichever is the sooner, all development shall be removed and the land restored in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing. Reason: To ensure the satisfactory long term restoration of the site, and the removal of any non-essential development in the open countryside to safeguard the visual amenity of its site and surroundings in the open countryside.

5. Within 12 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. Reason: In the interests of visual amenity.

6. Prior to the erection of the turbine or substation, details of the colour and finish of the turbine or substation, and the dimensions of the substation, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To minimise the visual impact of the development of its site and surroundings in the open countryside.

7. Prior to the erection of the wind turbine, the developer shall provide written confirmation to the Local Planning Authority, NATS en-route plc, and the Ministry of Defence of the proposed date for

Page 6 commencement; the anticipated date of completion of construction, the height above ground level of the highest structure and the position of each turbine in latitude and longitude. Reason: In the interests of air safety.

8. The proposal shall be constructed and operated in accordance with the mitigation measures outlined in section 4.0 of the submitted Ecological Appraisal dated March 2014. Reasons: In the interests of ecology.

9. a) Night time noise limits (11pm-7am) - The LA90 (10 minutes) specific noise level shall not exceed 43dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive uses ""Stackgarth, Arkleby, CA72BP"" (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. b) Day time noise limits (7am-11pm) - The LA90 (10 minutes) specific noise level shall not exceed 35dB (A) when assessed and measured 3.5m from the façade of the nearest noise sensitive use "" Stackgarth, Arkleby, CA72BP "" (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. c) Night time noise limits (11pm-7am) - The LA90 (10 minutes) specific noise level shall not exceed 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely ""Arkleby House Farm, Arkleby, CA7 2BP"" (in existence at the date of this permission) or 5dB above the night time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. d) Day time noise limits (7am-11pm) - The LA90 (10 minutes) specific noise level shall not exceed 45dB (A) when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive use, namely ""Arkleby House Farm, Arkleby, CA7 2BP"" (in existence at the date of this permission) or 5dB above the quiet day time LA90 background noise level at wind speeds not exceeding 12m/s, whichever is the greater. Reason: In the interests of protecting amenity, in accordance with policy S32 of the Allerdale Local Plan 2014.

10. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties including those specified within Condition 9 (due to the wind turbine), the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of noise levels specified in Condition 9 a and b was confirmed at the complainants property in the assessment, the operation of the

Page 7 turbine will cease until the Local Planning Authority is satisfied the turbine can operate within the noise limits specified in Condition 9 a and b. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than three kilometres from the wind turbine generator. Reason: In the interests of protecting amenity, in accordance with policy S32 of the Allerdale Local Plan 2014.

11. No development shall take place until a Construction Traffic Method Plan (CTMP) has been submitted to, and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved CMPT which shall include: i) details of the construction of the site access, ii) details of any accommodation works and a programme for their removal and the reinstatement of any street furniture and verges long the route to the construction site, iii) details of road improvements/repairs that may be necessary as a consequence of the development, iv) details of vehicle parking, manoeuvring, loading and unloading during the development, v) construction traffic routing including scheduling and timing of movements, details of abnormal load escorts, temporary warning signs for vehicle drivers/pedestrians and management of junctions/crossings of highway and footpaths, vi) full dimensions of the turbine and associated components and vii) details of wheel washing to prevent mud on the highway Reason: In the interests of highway safety.

278 Development Panel 2.2014.0358 Land At Ellerbeck Brow, Brigham, Cockermouth. Erection of 10 dwellinghouses, including 2 affordable dwellings and associated infrastructure

The application: Erection of 10 dwelling/houses, including 2 affordable dwellings and associated infrastructure, Land at Ellerbeck Brow, Brigham, Cockermouth.

The Head of Development Services informed members that the application had been withdrawn.

The decision: Withdrawn.

279 Development Panel 2.2014.0610 Brigham Road, Cockermouth. Residential development for 15 no. dwellings including 3 no. affordable dwellings plus associated infrastructure and landscaping

Councillor S Standage declared a Disclosable Pecuniary Interest and left the meeting for the following application.

The application:

Page 8 Residential development for 15 no. dwellings including 3 no. affordable dwellings plus associated infrastructure and landscaping, Land to the South West of Brigham Road, Cockermouth.

The Head of Development Services recommended approval.

The Head of Development Services outlined the application and detailed the main issues within the report.

Members noted 8 letters of objection, the grounds of which were noted in the officer’s report and responses from Cockermouth Civic trust, Cumbria County Council, Cockermouth Town Council and two repeat letters of objection which appeared on the Late List.

Councillor P Kendall moved approval. This was seconded by Councillor M Wood.

A vote was taken, 11 in favour of approval, 0 against and 0 abstentions.

The motion in favour of approval was carried.

The decision: Approved.

Conditions: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: DWG 11/03/719-01 - Location plan 11/03/719-101 a) - Site plan (amendment received 14/10/2014) 536/L01 Rev A - Proposed landscape plan 11/03/719-102 - Dwelling type A - Floor plans 11/03/719-103 - Dwelling type A - Elevations (amendment received 10/10/2014) 11/03/719-104 - Dwelling type B - Floor plans 11/03/719-105 - Dwelling type B - Elevations (amendment received 10/10/2014) 11/03/719-106 - Dwelling type C - Floor plans 11/03-719-107 - Dwelling type C - Elevations (amendment received 10/10/2014) 11/03/719 - 109 - Dwelling type C1 - Elevations (amendment received 10/10/2014) 11/03/719 - 108 - Dwelling type C1 - Floor plans 11/03/719 - 110 - Dwelling type D - Floor plans 11/03/719 - 111 - Dwelling type D - Elevations (amendment received 10/10/2014) 4839/201 - Preliminary Drainage Strategy

Page 9 4839/204 - Hydrobrake and detention basin details 4839/101 - Road centerline longsection 4839/100 - Road layout 4839/201 - Preliminary drainage strategy 4839/202 - Typical drainage construction details sheet 1 4839/203 - Typical drainage construction details sheet 2 4839/102 - Typical road details Flood Risk Assessment and Drainage Strategy received 20/8/2014 4839 SK2 Drainage Betterment Strategy 01548 Rev A Road Traffic Noise Survey Landscape Management Plan received 20/8/2014 D0006 Rev A Construction Method Statement (amendment received 3/11/2014) GB11PH1006 Extended Phase 1 Habitat Survey WW14BAT003 Bat Activity Survey 2014-1049 Ground Investigation Report Materials Specification and Colour Pallette (amendment received 10/10/2014) Reason: In order to ensure a satisfactory standard of development.

3. The development shall be undertaken only in accordance with the scheme for foul and surface water drainage hereby approved. No part of the development shall be occupied until the drainage scheme has been constructed in accordance with the approved details. Reason: To ensure a satisfactory means of foul and surface water drainage and minimise the risk of flooding, in compliance with Policy S29 of the Allerdale Local Plan (Part 1) Adopted 2014.

4. The development shall be undertaken only in accordance with the mitigation and recommendations within GB11PH1006 Extended Phase 1 Habitat Survey and WW14BAT003 Bat Activity Survey. Reason: In the interests of the protection of wildlife in accordance with Policy S35 of the Allerdale Local Plan (Part 1) Adopted 2014.

5. The development shall be undertaken only in accordance with the Construction Method Statement hereby approved . Reason: In the interests of the amenity of the occupiers of neighbouring properties, in compliance with Policy S32 of the Allerdale Local Plan (Part 1) Adopted 2014.

6. All landscaping works shall be carried out and maintained in accordance with the approved landscaping scheme and management plan. The approved scheme shall be fully implemented within the first planting season following the occupation of the dwellinghouses approved and 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 in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

Page 10 Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

7. The Landscape Management Plan hereby approved shall be implemented as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority. Reason: In the interests of visual and residential amenity and the promotion of biodiversity in accordance with Policies S1, S2, S4, S35 and DM14 of the Allerdale Local Plan (Part 1) Adopted 2014.

8. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

9. Should land affected by contamination be identified under the desk top study under condition 8 which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

10. Should a contamination remediation scheme be required under condition 9 the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

11. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it

Page 11 must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

12. The development shall not commence until visibility splays providing the clear visibility shown on Drawing no 11/03/719-101a, measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded. Reason: In the interests of highway safety.

13. The access and parking/turning requirements shall be substantially met before any building work commences on site so that constructional traffic can park and turn clear of the highway. Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

14. The estate access road and works to upgrade the section of footway fronting the site on Brigham Road, shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect full engineering details shall be submitted for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete. Reason: In order to achieve a satisfactory standard of access provision and in the interests of highway safety

15. The access driveways, footways and parking areas within the development shall be designed and constructed to the satisfaction of the Local Planning Authority and in this respect full engineering

Page 12 details, shall be submitted for approval before work commences on site. No work shall be commenced until a full specification has been approved. Reason: To ensure a minimum standard of construction in the interests of highway safety and DDA compliant accessibility.

16. No dwelling shall be occupied until its access and parking facilities have been constructed in accordance with the approved plan. These facilities shall be retained 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.

17. The development shall be undertaken only in accordance with the noise mitigation proposals including acoustic glazing and acoustic fencing for those properties adjacent to the A66 or with an oblique view of the A66 as recommended within Road Traffic Noise Survey 01548revA dated 4/7/2012. Such measures shall be implemented as approved before the dwellings are occupied and not removed or altered thereafter without the prior written consent of the Local Planning Authority. Reason: In the interests of residential amenity in accordance with Policy S32 of the Allerdale Local Plan (Part 1) Adopted 2014.

18. No part of the development hereby permitted shall be commenced until each tree identified within the Tree Preservation Order Ref 4/2012 is securely fenced off by a post and wire or chestnut pale fence erected in a circle round each tree at a radius from the bole of 3.05 metres or to coincide with the extremity of the canopy of the tree, whichever is the greater. Within the areas so fenced off the existing ground level shall be neither raised nor lowered, and no materials or temporary buildings or surplus soil of any kind shall be placed or stored thereon. If any trenches for services are required in the fenced-off areas they shall be excavated and back-filled by hand and any tree roots encountered with a diameter of two inches or more shall be left unsevered. 19. Reason: In order to ensure that adequate protection is afforded to the existing trees on the site in accordance with Policy DM17 of the Allerdale Local Plan (Part 1) Adopted 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority had acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority had been able to grant planning permission for an acceptable proposal, in

Page 13 accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

280 Development Panel 2.2014.0462 Holmewood Care Home, Lamplugh Road, Cockermouth. Extension to provide 15 additional bedrooms.

The application: Erection of an extension to provide an additional 15 bedrooms, Holmewood Residential Home, Lamplugh Road, Cockermouth.

The Head of Development Services recommended approval.

The Head of Development Services outlined the application and detailed the main issues within the report.

Members noted 9 letters of objection, the grounds of which were noted in the officer’s report.

Councillor M Wood moved approval. This was seconded by Councillor P Kendall.

Councillor S Standage moved deferral for a site visit. This was seconded by Councillor N Cockburn.

A vote was taken, 4 in favour of deferral for a site visit, 7 against and 1 abstention.

The motion in favour of deferral for a site visit was lost.

A vote was taken, 9 in favour of approval, 3 against and 0 abstentions.

The motion in favour of approval was carried.

The decision: Approved.

Conditions:

Reasons: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following plans: 1337 PL 010 - Location Plan 1337 PL 210 B - Proposed site plan (amendment received 22/10/2014) 1337 PL 310 A - Ground floor plan as proposed (amendment received 22/10/2014)

Page 14 1337 PL 311 A - First floor plan as proposed (amendment received 22/10/2014) 1337 PL 312 A - Second floor and roof plan as proposed (amendment received 22/10/2014) 1337 PL 515 A - Contextual elevations as proposed (amendment received 22/10/2014) 1337 PL 514 A - Proposed section and north elevation (amendment received 22/10/2014) 003 REV 06 - Proposed planting plan (amendment received 30/10/2014) Plant Schedules (amendment received 30/10/2014) 1337 PL 516 Site Sections (amendment received 22/10/2014) 1337 PL 513 A - Comparitive Elevations (amendment received 22/10/2014) EES13-096 Preliminary Environmental Risk Assessment EES13-066 Tree Constraints Report EES13-096 Preliminary Ecological Appraisal EES13-096 Bat Emergence Survey 1337-PL-211 Vehicle Tracking Plan (amendment received 25/7/2014) Reason: In order to ensure a satisfactory standard of development.

3. No part of the development hereby permitted shall be commenced until details and representative samples of all external and roofing materials have been submitted to and approved by the Local Planning Authority. The materials so approved shall be used in the development as approved. Reason: To ensure a satisfactory standard of development which is compatible with the character of the existing building and surrounding area, in compliance with the National Planning Policy Framework and Policies S27 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. Before development commences, details of the surface water drainage works, including surface treatments and any attenuation measures to demonstrate no greater run- off rate than the run-off from the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of the extension hereby approved. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding and discharge to the main sewer, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

5. The extension hereby approved shall not be occupied until the parking and turning arrangements have been implemented in accordance with the approved plan. These arrangements shall be retained 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.

Page 15

6. All hard and soft landscaping works shall be carried out in accordance with the approved landscaping plan. The approved scheme shall be fully implemented within the first planting season following the occupation of the extension hereby approved and 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 in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

7. The development hereby approved shall be undertaken only in accordance with the tree protection measures as detailed in the Tree Constraints Report EES13-066. Reason: In order to ensure that adequate protection is afforded to the existing trees on the site.

8. The development hereby approved shall be undertaken only in accordance with the mitigation and safeguarding as detailed in the Preliminary Ecological Appraisal EES13-096 and Bat Emergence Survey EES13-096. Reason: In order to minimise impact and promote the biodiversity of the site in accordance with Policy S35 of the Allerdale Local Plan (Part 10 Adopted 2014.

9. No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following: (a) Traffic Management Plan to include all traffic associated with the development, including the parking and turning facilities and off-street compound staff traffic; (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445. (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution. (d) Mitigation measures to ensure that no harm is caused to protected species during construction. (e) A written procedure for dealing with complaints regarding the construction or demolition; (f) Measures to control the emissions of dust and dirt during construction and demolition; (g) Programme of work for Demolition and Construction phase; (h) Hours of working and deliveries; (i) Details of lighting to be used on site. The approved statement shall be adhered to throughout the duration of the development.

Page 16 Reason: In the interests of the amenity of the occupiers of neighbouring properties, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

10. Before the building of the extension commences, a plan shall be submitted to the Local Planning Authority for approval, reserving adequate land for the parking/turning of vehicles/plant and storage of materials, engaged in the construction operations associated with the extension hereby approved, and such land, including vehicular access thereto, shall be used for or be kept available for these purposes until completion of the works. Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

Proactive Statement

Application Approved Following Revisions

281 Development Panel 2.2014.0293 Dundraw Farm, Dundraw, Wigton. Installation of a 500kW wind turbine (67m to blade tip) and its associated infrastructure (crane pad, access track and meter house)

Councillor J Cowell declared a Disclosable Pecuniary Interest and left the meeting for the following application.

The application: Installation of a 500kw wind turbine (67m to blade tip and its associated infrastructure (crane pad, access track and meter house), Dundraw Farm, Dundraw, Wigton.

The Planning Officer recommended refusal.

The Planning Officer outlined the application and detailed the main issues within the report.

Members noted 177 letters of objection, the grounds of which were noted in the officer’s report and the appeal decision relating to Kelsick House Farm which appeared on the Late List.

Councillor J Wright moved refusal. This was seconded by Councillor C Armstrong.

Page 17

A vote was taken, 11 in favour of refusal, 0 against and 0 abstentions.

The motion in favour of refusal was carried.

The decision: Refused.

Reason: 1. The proposed turbine, by virtue of its siting, scale and proximity to other turbine development, would increase the proliferation of turbines in the area, resulting in a significantly harmful impact on the landscape and visual amenity of the area and would have an adverse impact on the distinctive character and environmental quality of the surrounding open countryside including the setting of the Solway Coast AONB and would have a significantly harmful effect on the amenity of the occupiers of residential properties in the area. The proposal is therefore considered contrary to policies S19, S32, S33 and S44 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy.

282 Development Panel 2.2014.0484 New Grange Farm, Dearham. Single Turbine 45 metre total height.

The application: Proposed siting of 1x30m high (hub) Endurance wind turbine with a tip height of 45.0m, New Grange, Dearham, Maryport.

The Head of Development Services recommended Refusal.

The Head of Development Services outlined the application and detailed the main issues within the report.

Members noted 24 letters of objection and one letter of support the grounds of which were noted in the officer’s report.

Councillor N Cockburn moved refusal. This was seconded by Councillor T North.

Councillor M Wood moved approval with conditions delegated to officers. This was seconded by Councillor P Kendall.

A vote was taken, 7 in favour of approval with conditions delegated to officers, 5 against and 0 abstentions.

The motion in favour of approval with conditions delegated to officers was carried.

The decision: Approved with conditions delegated to officers.

Page 18

Conditions: As delegated to officers.

283 Development Panel 2.2014.0698 Land Between Church and Beech Cottages. Outline application for proposed local occupancy dwelling

The application: Outline application for proposed local occupancy dwelling, Land between Church and Beech Cottages, Welton, Carlisle.

The Head of Development Services recommended refusal.

The Head of Development Services outlined the application and detailed the main issues within the report.

Councillor T Markley moved approval. This was not seconded at the time and Councillor T Markley withdrew his motion.

Councillor T North moved deferral. This was seconded by Councillor M Wood.

Councillor P Kendall moved approval with conditions delegated to officers. This was seconded by Councillor B Miskelly.

A vote was taken, 7 in favour of approval with conditions delegated to officers, 5 against and 0 abstentions.

The motion in favour of approval with conditions delegated to officers was carried.

The decision: Approved with conditions delegated to officers.

Conditions: As delegated to officers.

284 Development Panel 2.2014.0753 Strawberry Howe Cattery, Cockermouth CA13 9XR

The application: Change of use of cattery with associated building works to create dwelling and removal of condition number 5 of permission 2/2001/0228 to remove occupancy condition attaching cattery to existing dwelling, Strawberry How Cattery, Cockermouth.

The Head of Development Services recommended approval.

The Head of Development Services outlined the application and detailed the main issues within the report.

Councillor P Kendall moved approval. This was seconded by Councillor J Wright.

Page 19

A vote was taken, 11 in favour of approval, 1 against and 0 abstentions.

The motion in favour of approval was carried.

The decision: Approved.

2. The development hereby permitted shall be carried out in accordance with the following plans: PB1 - Location plan PB.D-01 - Existing and proposed floor plans & elevations Reason: In order to ensure a satisfactory standard of development.

3. None of the alterations to the cattery building to be carried out as part of the development hereby permitted shall be commenced until samples of the bricks to be used have been submitted to and approved in writing by the Local Planning Authority. The alterations shall be carried out and completed in accordance with the approved details prior to the occupation of the converted cattery. Reason: To ensure the use of appropriate materials in the interests of visual amenity in compliance with the National Planning Policy Framework and Policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

285 Development Panel 2.2014.0550 Roddings House, Greenrow. Proposed shed to house agricultural machinery- resubmission 2/2014/0055

The application:

Page 20 Proposed shed to house agricultural machinery – resubmission 2/2014/0055, Roddings House, Greenrow, Silloth, Wigton.

The Head of Development Services recommended refusal.

The Head of Development Services outlined the application and detailed the main issues within the report.

Members noted 1 letter of objection, the grounds of which were noted in the officer’s report.

Councillor T Markley moved approval with conditions delegated to officers. This was seconded by Councillor P Kendall.

Councillor N Cockburn moved refusal. This was seconded by Councillor C Armstrong.

A vote was taken, 5 in favour of refusal, 6 against and 1 abstention.

The motion in favour of refusal was lost.

A vote was taken, 6 in favour of approval with conditions delegated to officers, 6 against and 0 abstentions.

The Chair used his casting vote in favour of approval with conditions delegated to officers.

The motion in favour of approval with conditions delegated to officers was carried.

The decision: Approved with conditions delegated to officers.

Conditions: As delegated to officers.

286 Development Panel 2.2014.0763 31 Ritson Wharf, Maryport. Replacement Windows

The application: Replacement windows, 31 Ritson Wharf, Maryport.

The Head of Development Services recommended approval.

The Head of Development Services outlined the application and detailed the main issues within the report.

Councillor P kendall moved approval. This was seconded by Councillor M Wood.

A vote was taken, 12 in favour of approval, 0 against and 0 abstentions.

Page 21 The motion in favour of approval was carried.

The decision: Approved.

2. The development hereby permitted shall be carried out in accordance with the following plans: BR1 - Brochure Details DR1 - Site Location Plan, Block Plan & Proposed Windows EX1 - Exsiting Windows EX2 - Existing Windows EX3 - Existing Windows Reason: In order to ensure a satisfactory standard of development.

Proactive Statement

The Local Planning Authority had acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any stakeholder representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

The meeting closed at 4.30 pm

Page 22 Agenda Item 5

Allerdale Borough Council Planning Application 2/2014/0628

Proposed Erection of a single turbine 23m tower (35m to blade tip), access Development: track and associated infrastructure Location: Land East of Carrick Dean Edderside Maryport Applicant: Mrs Denise Scott

Recommendation: Refuse

Summary/Key Issues

Issue Conclusion

Principle of Paragraph 93 of the NPPF makes clear that the provision of Development renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development. Landscape and It is considered that the proposal has the potential for significantly Visual Impact harmful cumulative impacts on the character of the landscape and the visual amenities of the locality. Residential Amenity The proposed turbine is within 800m of a number of residential properties. The proposal is likely to have an adverse impact on the amenity of the residents of some of these properties, and there is no evidence of support from the local community for a separation distance of less than 800m in this case. Heritage The proposal will not have a significant adverse impact on any conservation designated heritage assets or nature conservation interests. Operational Subject to conditions relating to construction operations the requirements proposed development would not have an adverse impact on the highway network. Potential benefits The proposal will make a contribution to renewable energy deployment nationally. It would also make a contribution to the running costs of the farm by creating an alternative source of income, supporting rural enterprise and economic activity.

Page 23 Proposal

This application is for a 100kw wind turbine with a hub height of 23m, tip height of 35m and rotor diameter 24m. The development will also consist of the ancillary infrastructure associated with such a development. This includes a foundation and crane pad, a meter house, plus an access track measuring approximately 50m in length, 3.5m in width and 0.3m in depth.

An EIA has been carried out by VG Energy Ltd in order to investigate the potential impacts of the wind turbine on the local environment.

Site

The turbine is proposed to be located within an existing agricultural field at Carrick Dene, Edderside. The field is to the east of the settlement of Edderside. The village of Mawbray is 1.9km to the northwest, and there are a number of sporadic farms and residences scattered throughout the landscape within 3km of the site. The coast is located approximately 3km to the west.

The topography of the site is gently sloping in a southerly direction, and consists of managed pasture land located at an elevation of approximately 25m AOD. The site is located 500m to the east of the farmstead and approximately 400m from the eastern edge of Edderside.

The nearest neighbouring properties are :

- Edderside Hall, The Stables and The Coach House – Located approximately 600m to the west of the site within the settlement of Edderside. - Jericho – Located approximately 700m to the east of the site. - Plasketlands Farm – Located approximately 650m to the north west of the site.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy

Planning Practice Guidance for Renewable and Low Carbon Energy July 2013

Allerdale Local Plan (Part 1) Adopted July 2014

Policy S1 – Presumption in favour of sustainable development, Allerdale Local Plan (Part 1) Policy S14 – Rural economy, Allerdale Local Plan (Part 1) Policy S19 – Renewable Energy and Low Carbon Technologies

Page 24 Policy S27 – Heritage Assets Policy S32 – Safeguarding amenity, Allerdale Local Plan (Part 1) Policy S33 – Landscape Policy S35 – Protecting and enhancing biodiversity and geodiversity, Allerdale Local Plan (Part 1). Policy S36 – Air, water and soil quality, Allerdale Local Plan (Part 1) Policy S4 – Design principles, Allerdale Local Plan (Part 1) Policy DM17 – Trees, hedgerows and woodland, Allerdale Local Plan (Part 1).

Relevant Planning History

The current application has been submitted following the refusal of application 2/2013/0845 for a turbine 50m to hub and 77m to tip at West End Farm, Edderside.

This application was Refused by Development Panel on 29 th April 2014 on the following grounds :

1) The Local The Local Planning Authority consider that the proposed turbine, by virtue of its detached and isolated location (and having regard to the weight of objection from the local parish council representations), would form a visually prominent dominant and incoherent feature which would have an adverse individual landscape and visual amenity impact on the surrounding open countryside including the setting of the Solway Coast AONB contary to paragraphs 7, 17, 96, 97 109 and 115 of the National Planning Policy Framework, Policy EN20 and EN25 of the Allerdale Local Plan, Policy S32 of the Draft Allerdale Local Plan (Part 1), the ''Local planning and onshore wind'' Ministerial statement 2013, and the Department for Communities and Local Governments ''Planning practice guidance for renewable and low carbon energy'' document 2013.

2) The Local Planning Authority consider the proposal, by virtue of its size, scale and separation distance from the properties Edderside Hall, The Stables, and The Coach House in Edderside would have an overwhelming, overbearing and oppressive impact on the visual amenity of its occupiers, resulting in an unacceptable place to live contrary to Paragraph 14,17 and 97 of the National Planning Policy Framework and Policy S32 of the Draft Allerdale Local Plan (Part 1).

3) The Local Planning Authority consider that the proposed turbine by virtue of its site, size and design, in association with existing turbines in the surrounding area would have a detrimental combined and sequential cumulative impact on the visual amenity of the surrounding landscape including the setting of the Solway Coast AONB contrary to paragraphs 7, 17, 96, 97 109 and 115 of the National Planning Policy Framework, Policy EN20 and EN25 of the Allerdale Local Plan (saved), and Policy S32 of the Draft Allerdale Local Plan (Part 1), the ''Local planning and onshore wind'' Ministerial statement 2013, and the Department for Communities and local governments ''Planning practice guidance for renewable and low carbon energy'' document 2013.

Page 25 The current application has relocated the position of the turbine to a field to the east of Edderside rather than to the south. The application has also reduced the proposed height.

A Screening Opinion (SCR/2013/0040) has confirmed that an EIA would be required for a turbine at the site with a 42m tip. Subsequenytly the planning application has been submitted with a reduction in tip height to 35m, and an EIA has been submitted with the proposal.

Representations

Cumbria County Council – Highways. Make the following comments : - During the construction phase no vehicle shall leave the site in a condition that would give rise to the deposit of mud, dust or debris on the public highway. - The applicant shall submit a Traffic and Construction Management Plan for approval, all identified highway works shall be completed to the satisfaction of the Local Planning Authority in consultation with the Highway Authority prior to the works commencing on site. - The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority.

Cumbria County Council – Landscape. Advise that in addition to using Development Plan policies the potential cumulative impacts of the proposal should also be considered.

The Environment Agency. Advise that the development will be acceptable if a planning condition is included requiring the submission of drainage details.

Environmental Health – No objection in principle, and recommend that if planning permission is granted conditions should be attached regarding noise.

Ministry of Defence – No objection.

Electricity North West – No objection.

Arqiva – No objection.

Stobart Air – No objection subject to conditions being attached to any planning approval.

NATS – No safeguarding objection to the proposal.

Solway Coast AONB – Object, and make the following comments :

Although not in the Solway Coast Area of Outstanding Natural Beauty (AONB) it is only 1.2km outside it, and it is within the World Heritage Area. The area is within the Solway Coast AONB Landscape and Seascape Character Assessment (2010) as Drumlinised

Page 26 Lowland Farmland’.

It is a rural agricultural landscape of gently rolling pastures and arable fields with scattered linear settlements. Any turbine situated in this landscape would impinge on the views into and from the AONB towards the Solway Firth and affect undeveloped horizons which form distant backdrops.

As a farm turbine it is larger than the small size (15m) and so again would make a large visual impact to views into the AONB and its characteristic landscape. Also there will be the cumulative effect of the 3 large turbines at Warwick Hall (Westnewton), 2 Gaia turbines standing at Low Tarns, 3 turbines at Langrigg, Crossrigg turbine, approved Kingside Hill turbines, 1 turbine at Pelutho, and future applications for more single farm turbines in this landscape area. Also the backdrop of the Hellrigg turbines near Silloth increases the magnitude of the cumulative impact both towards and from the AONB.

FORCE – Object, and urge that the development is refused on the following grounds :

- Inappropriate size and scale of the development. With a blade tip height of 35m and standing at 25m AOD on the relatively flat coastal plain, the turbine would have an adverse impact on the surrounding low lying landscape. It would have a significant negative effect on the setting of Hadrian’s Wall World Heritage Site and also on the Solway Coast AONB. - The impact on landscape character would be negative, far outweighing any benefits of the scheme, and of more than just local significance. - The proposed development is in conflict with National Planning Policy Guidance and also with the newly adopted Local Plan, specifically policies S19, S32 and S33. - There is unacceptable cumulative impact together with other local wind energy developments, and this is inadequately assessed. - There is unacceptable impact on local residential amenity, and this is inadequately assessed. - There is unacceptable risk to protected species due to the position of the turbine. - There is unacceptable impact on heritage assets due to the proximity of the World Heritage Site as well as numerous individual sites of archaeological interest. - There are deficiencies in the information supplied.

Holme St Cuthbert Parish Council – Recommend refusal for the following reasons :

- The political climate is changing removing the support for inland turbines - There is an over saturation of turbines in the area. - It will have an adverse impact of the views from the AONB making a mockery of the AONB status. - Detrimental to wildlife in SSSI Mawbray Banks. - The amount of energy required to connect to mains and the farm. - One single turbine will make a pitiful difference to renewable energy within the area, and it is away from any power lines for connection. - This is an unneighbourly application, the turbine is set away from the applicants farm but will be seen from the neighbours home and farm. - There is a water main along the side of the road.

Page 27 Allonby Parish Council – Recommend refusal, and object on the grounds of visibility and cumulative effect close to the AONB.

Three letters of Objection and one letter of Support have been submitted. Objections are on the following grounds : - The turbine would be an industrial scale machine adding to the cumulative effect caused by the many wind turbine developments now in Allerdale. - It is also close to an Area of Outstanding Natural Beauty and if it goes ahead the views around this area will be adversely affected. - The residential dwelling, The Stables, is situated closest to the proposed site approximately 400m away. This is significantly within the 800m separation distance recommended by the Allerdale Local Plan. - The turbine will dominate the landscape, adversely affecting the visual amenity enjoyed by local residents and visitors.

The letter of support states that they have no objections to the erection of a single turbine.

Main Issues: National Planning Policy and the Allerdale Local Plan (Part 1) are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

To ensure that the impacts of development (either in isolation or cumulatively) are, or can be made acceptable, Policy S19 of the Allerdale Local Plan sets out clear criteria for the consideration of proposals for renewable energy development, including wind turbines. The criteria most relevant of this application are considered below.

Amenity of local residents

Policy S19 seeks to protect local residents from unacceptable harm. The supporting text comments that in order to address community concerns and in the interests of residential amenity and safety in relation to turbine development a separation distance of 800m to residential properties will be expected in cases where the turbines are over 25m in height to blade tip.

This 800m distance has been established as being generally sufficient to avoid unacceptable impact on residential amenity. The Local Plan does recognise the need for flexibility and that ‘’in some cases due to site-specific factors such as orientation of views, land cover, other buildings and topography, it may be appropriate to vary this threshold, where it can be demonstrated through evidence that there is no unacceptable impact on residential amenity’’.

In this case the turbine is proposed to be 35m to blade tip, and the majority of properties within the settlement of Edderside are within 800m of the site. The nearest properties, Edderside Hall, The Coach House, and The Stables are located approximately 600m away from the site.

Page 28 The applicant’s assessment acknowledges that some properties will be subject to visual impact from the proposed turbine. However, it comments that by locating the turbine to the northeast of the hamlet ‘’the turbine is moved out of the view corridor for these south- facing homes and eradicates visual impact from most residences in the settlement’’.

However, it is Officers opinion that the size and scale of the turbine would be clearly visible from a number of dwellings in Edderside. Particularly the dwellings located to the east of the settlement as these would have some direct views of the turbine. In addition to this, the property ‘ Jericho’ is located approximately 700m to the east of the site and the photomontages submitted by the applicant (viewpoint 8) indicate that the proposed turbine will be clearly visible at a distance of 2km from this direction. Plasketlands Farm is also located approximately 650m to the north west of the site, and this property will also have clear views of the turbine.

In relation to the potential impact of noise a ‘Noise Survey’ has been submitted. The noise document indicates a required separation distance of 400m from the nearest sensitive noise receptor in order to adhere to the 35Db limits as per ETSU-R-97. The Environmental Health team have advised that conditions regarding noise should be attached to any planning approval for the turbine.

With regards to shadow flicker, it is generally acknowledged that the potential impact is only likely to be an issue within 10 x rotor diameters of the turbine. The turbine has a rotor diameter of 24m. Therefore the zone likely to be affected by shadow flicker is approximately 240m and there are no residential properties within this area.

Landscape and Visual

The application site is located within the 5b Low Farmland landscape classification. The county council’s SPD Wind Energy in Cumbria refers to this landscape designation.

“Overall the Lowland landscape type is judged to have moderate capacity to accommodate turbine development. This reflects moderate sensitivity overall and moderate value as a largely undesignated landscape. A significant exception is the small area of lowland that falls within the Solway Coast AONB designation. Here high value and sensitivity attributable to a sense of remoteness, lack of large scale development and contribution as a backdrop and contrast to wilder coastal edge landscapes indicate that any scale of wind energy development is likely to be inappropriate. Whilst this type has moderately strong historical interest this is attributable to the presence of conservation areas, Roman remains, medieval field patterns, historic parks etc. It is considered that wind energy development could be accommodated provided it does not impinge on the site or setting of these valued features and therefore this value should not reduce capacity in the landscape as a whole. Elsewhere some notable localised geographical variations in the sense of enclosure created by the undulating and rolling topography and regularity of land cover patterns affect appropriateness.

Greatest potential occurs in the open flatter areas and broad ridge tops where small or, in exceptional circumstances, large turbine groups could relate to the medium to large scale

Page 29 landform without dominating wide views and integrate with regular field patterns. The sense of exposure in these areas would also evoke a sense of purpose and rationality. In the more sheltered and enclosed valleys or undulating fringes turbine development would feel over dominant and conflict with more irregular land cover patterns. Whilst significant interruption by relief and vegetation would assist absorption in the wider landscape these same features are likely to result in unpredictable relationships between turbines and a variable skyline with intensifying or disturbing effects such framing or blade flash over valley rims. A key characteristic limiting capacity is the dispersed pattern of numerous small rural settlements making it difficult to site developments sufficiently distant so as not to adversely affect their sense of scale and character. Settlement size and pattern suggest that up to a small group of turbines would generally be appropriate. Other more localised sensitivities include potential erosion of peaceful rural backwater qualities and impact on valued views from neighbouring high ground or coast, important valleys and towns such as Workington within them. Particular sensitivities in relation to the setting of international and national designations include:

• contribution of the quieter hinterlands to a sense of remoteness and the sequence of contrasting landscapes in the Solway Coast AONB

• open sequential views from recreation and tourist routes along the coastal edge of the AONB and along Frontiers of the Roman Empire: Hadrian’s Wall across the lowland ridges towards Lakeland fells most notably from Cumbria Coastal Way, the B5300, National Cycle Route 72, Hadrian’s Wall Trail and from viewpoints at forts and milecastles associated with the Wall

• distinctive vistas to and from the northern and western fells of the Lake District NP and open estuarine views from the Ravenglass and Eskdale ‘gateway’

• vistas of the north-western tip of the North Pennines AONB”

The landscape surrounding the site is dominated by open fields, hedgerows, individual trees, small areas of woodland, isolated dwellings and nearby villages. Under its landscape classification, (Lowland, Sub Type 5b Low Farmland) it has a moderate landscape capacity including the landscape characteristics of; undulating and rolling topography, intensely farmed agricultural pasture dominates with is patchy areas of woodland, (but woodland is uncommon west towards the coast) large and rectangular fields, hedges, hedgerow trees and fences bound fields that criss cross up and over the rolling landscape by a series of ridges and valleys which rise gently toward the limestone fringes of the Lakeland Fells.

The guidance concludes that this landscape capacity has a moderate capacity that has the potential to accommodate a small group (3-5 turbines) or exceptionally a large group (6-9 turbines). This number is not a rigid criteria and must be assessed against the

Page 30 details of the LVIA.

The applicant’s appraisal for the site includes photomontage and an assessment from a number of viewpoints. It seeks to demonstrate that whilst there would be some local landscape effects the turbine could be accommodated without any significant adverse effects to the local landscape character.

The applicant’s LVIA has identified that there would be the potential for moderate localised impact on the character of the lowland landscape from non-specific general viewpoints in the immediate environment. This will however decline and diminish with distance. With moderate impact, reducing to minor impact further away.

It is stated that due to the rolling nature of the landform the turbine would be visible from a number of elevated vantage points, both within close proximity and from the surrounding area. However, it is stated that beyond approximately 5km the turbine becomes a small scale feature assimilated into the wider landscape and therefore would not form a notable feature, and the effect on the regional character area as a whole is deemed lower in magnitude. The applicants’ evidence also advises that the ZTV does not incorporate screening features such as hedgerows, trees and built-up areas which can block views towards the turbine from many roads and paths. It states that ‘’pockets of woodland do exist to the south, northeast and west of the turbine field offering limited screening’’ Furthermore ‘’the sensitivity of the landscape is deemed to be low given the lack of international and national designations and medium grade agricultural land classification’’ plus ‘’although the area is open and tranquil, existing human influences and the relatively small scale of the overall project lessens the impact’’.

In relation to the issue of cumulative impact, the applicant’s assessment states that the nearest approved single turbine to Carrick Dene is located approximately 2km southwest at Brownrigg Hall Farm at 19m to blade tip. The nearest granted application for a windfarm is that of Westnewton, located 3.8m southeast of Carrick Dene, with 4 turbines at 120m to blade tip. The appraisal states that ‘’Due to a relatively small number of wind energy developments within the study area of 8km, combination views will be limited, and unlikely from the majority of viewpoints, including residences and stopping points along local roads’’. The size and scale of the proposed turbine at Carrick Dean and the development at Westnewton ‘’are vastly different and not of a comparable typology.’’ As such, the applicants assessment considers that ‘’the developments are read as two separate wind energy proposals’’.

With regard to succession views, the applicants appraisal states that ‘’the smaller developments at Brownrigg Hall, Low Tarns, Crossrigg and Stubsgill are not of a large enough scale to be witnessed in succession with the development at Carrick Dene, whilst the larger developments of Westnewton Windfarm and Hellrigg Windfarm are too far apart and in completely different directions so as to enable successional views’’.

A number of objectors, including FORCE and Solway Coast AONB, have highlighted concerns that the proposed turbine will increase the cumulative impact of turbines in the area. The proposed turbine will be visible over a very wide area and the potential cumulative effect for people residing in the area, and those passing through, will be significant. The turbine will be clearly visible from the settlement of Edderside, and the

Page 31 B5300 AONB road.

It is considered that the applicant’s appraisal underestimates the visual impact of the proposed development within both the immediate locality and the wider area. It is also considered that the turbine would be extremely prominent when viewed from nearby residential dwellings and nearby public highways. It is considered that the turbine would be visually incoherent in the immediate landscape and surrounding area. This is clearly demonstrated in the photomontages that have been submitted as part of the planning application. The turbine would be clearly visible from nearby settlements, and from various viewpoints it will be seen in conjunction with existing wind turbine developments that are located in the wider area. There is a proliferation of turbines to the south, along the A596 corridor, and there will be a cumulative impact of the proposal in conjunction with the large number of existing turbines in the adjacent surroundings.

Impact on nature conservation interests

The proposal is unlikely to affect any statutorily protected sites or landscapes. In addition, the proposed turbine is not sited within 50m of any existing hedgerows and therefore accords with advice from Natural England that wind turbines are unlikely to affect bat populations where a 50m buffer is maintained from foraging habitat.

Impact on heritage assets and their settings

The proposed development lies within 3km of the buffer zone of the Hadrian’s Wall World Heritage Site and close to a number of scheduled ancient monuments.

The nearest Listed Building to the site is Hayton Castle within the village of Hayton. The building lies approximately 4.1km south of the turbine site and is now part of a larger house project. It is not considered that the proposed turbine would have a significant impact on the setting of the listed building, and the applicants assessment notes that ‘’whilst the building is within the ZTV, due to the separation distance and the presence of an outbuilding opposite the Castle within the intervening landscape, the magnitude of impact of the turbine on this designation is deemed to be low and in all likelihood, negligible’’.

Potential benefits to the local economy and local community

It is acknowledged that the proposed turbine will have local economic benefits in terms of the contribution it would make to the sustainability of the agricultural operation at the host farm.

Local Financial Considerations :

Having regard to S70 (2) of the Town and Country Planning Act there are no local finance considerations that are relevant to the consideration of the application.

Page 32 Conclusion

Officers consider that the landscape and visual impact of the turbine will lead to a significant negative impact on the residential amenities of local residents and a major adverse effect on the surrounding landscape.

In balancing the degree of harmful environmental effects of the proposal, which are in the main limited to the cumulative visual and landscape impact against the benefits arising from the promotion of renewable energy, it is considered that in this instance, the environmental harm is not outweighed by the benefits arising from the proposal.

The recommendation therefore is for refusal.

Recommendation : Refused.

Reasons for Refusal

The Local Planning Authority consider that the proposed turbine would form a visually prominent and incoherent feature which would have a significantly harmful effect on the amenity of the occupiers of residential properties in the area, and an adverse individual and cumulative landscape and visual amenity impact on the surrounding open countryside including the setting of the Solway Coast AONB. The proposal is therefore contrary to policies S19, S32 and S33 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy.

Page 33

Page 34

Agenda Item 6

Allerdale Borough Council Planning Application 2/2014/0710

Proposed Proposed installation of Kingspan KW15 domestic wind turbine. Development: 15m to hub 19.9m to tip Location: The Flatt Kirkbampton Carlisle Applicant: Mr JG & JW Edgar

Recommendation : Approved

Summary/Key Issues

Issue Conclusion

Principle of The Council seeks to promote the development of renewable and Development low carbon energy resources provided the impacts (either in isolation or cumulatively) are, or can be made acceptable. Visual and Limited localised visual and landscape impacts due to position and landscape impact height of turbine.

Ecology The proposed development would not have a significant adverse impact on nature conservation interests. Heritage The proposal will not have a significant adverse impact on any designated heritage assets Residential Impact Due to the size and position of the turbine the development is not considered to have a significantly affect the amenity of nearby residential properties.

Pro posal

The proposal is for the erection of a single wind turbine to the south of a farming unit located at The Flatt near Kirkbampton which is within the open countryside. The proposed turbine would be of a three bladed design, 9.8m in diameter and would have a maximum height of 19.9m to the tip.

The supporting information indicates that the electricity generated by the proposed turbine would contribute to the energy needs of the farming business.

Page 35 Site

The farm is in a remote location with one further dwelling adjacent the farming unit and a single dwelling to the north west.

The surrounding area is rural in nature, with a number of interspersed single dwellings or farms and small clusters of dwellings and small villages. The site is within close proximity to Watchtree Nature Reserve.

The settlement of Great Orton is 1.15km to the south east, Kirkbampton and Thurstonfield are 1.7km to the north and Wiggonby is 2.3km to the south west.

The turbine would be located to the rear of the existing farming unit within an agricultural field which is bound by mature hedgerows and to the east is a small pocket of woodland. There is a small rise in land levels from the rear of the agricultural buildings at The Flatt up to the nature reserve site which is a flat landscape.

The site would be accessed via an existing access track to the farm from the public highway by land within control of the applicant.

The design of the turbine does not require any form of construction compound, special access, substation or any temporary structures.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Supporting a prosperous rural economy Requiring good design

Allerdale Local Plan (Part 1)

Policy S1 - Presumption in favour of sustainable development, Policy S2 - Sustainable development principles (excluding highways) Policy S4 - Design principles Policy S14 - Rural economy Policy S19 - Renewable Energy and Low Carbon Technologies Policy S32 - Safeguarding amenity, Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy S36 - Air, water and soil quality

Relevant Planning History

The site is to the north east of two applications for larger scale turbines; the nearest of which is 225m (2/2012/0593, 79m to tip) which was withdrawn and a 67m turbine 2/2012/0524, 502m from the site which was refused.

Page 36 Representations

Parish Council – No observations

Environmental Health – No objections subject to a condition relating to the noise.

CAA – No site specific comments

Arqiva – No objections

NATS – No safeguarding objection

Electricity North West – No impacts on their infrastructure or assets

Joint Radio Company – Cleared with respect to radio links operated by Electricity North West, Northern Gar Networks and United Utilities (water).

Cumbria County Council – Will not be responding from a strategic point of view

Stobart Air – No objections

MOD – No objections

Highways – No objections. The applicant will need to ensure Public Footpath No.239004 remains open and unobstructed at all times.

Natural England – No objections in relation to statutory nature conservation sites

FORCE – They indicate that the application is inadequate and there is no information relating to the relationship of the turbine within un-associated dwellings and there are no photomontages.

The application has been advertised on site and neighbouring properties have been notified.

There has been 1 letter of objection relating to the siting and proximity to other properties, cumulative effects would significantly compromise the landscape character of the area and set a president for more turbines. They indicate that Great Orton has more than its fair share of wind turbines.

A further letter objects to the application but does not state any grounds.

Main Issues:

National Planning Policy and the Allerdale Local Plan (Part 1) are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

Page 37 To ensure that the impacts of development (either in isolation or cumulatively) are, or can be made acceptable, Policy S19 of the Allerdale Local Plan sets out clear criteria for the consideration of proposals for renewable energy development, including wind turbines. The criteria most relevant to the consideration of this application are considered below.

Impact on National Landscape Designations

The proposed turbine would not be located within an identified designated site or habitat. The site is not within close proximity to any listed buildings.

The proposal would be situated approx. 3.5km from the Solway Coast Area of Outstanding Natural Beauty and 3.3km from the buffer to the Hadrian’s Wall World Heritage Site.

The National Park boundary is approximately 13.05km to the south of the proposed site.

Considering the distance and scale of the turbine the development is not to cause significant harm to any of the aforementioned protected areas.

Cumulative Landscape and Visual Impact

Policy S19 of the Allerdale Local Plan (Part 1) requires consideration to be given to the landscape and visual impact of the proposed turbine both individually and cumulatively.

The site is just over 1km from the erected wind farm of six turbines 68.5m in height to the tip which are located to the south of the proposed site.

Although the site would be visible from the nearby public footpath network the turbine would not significantly detract from any routes when taken into context with the current land form and landscape features already present. The development is not considered to significantly affect the enjoyment of the users of the public rights of way sufficiently to warrant refusal of the application.

Given the scale of the proposal, the location within a low lying and wide valley and the separation from the Solway Coast AONB and Lake District National Park, the proposal individually is not considered likely to have landscape and visual impacts sufficient to be considered of more than local importance.

Officers consider that the main impacts of this development would be local to the proposed site and although some longer views will be gained it is reasonable to apply some weight to the existing scale of turbine development within the immediate locality. As such, the impact of the proposal on the landscape character is not considered to constitute significant grounds for refusal.

The applicant has provided photomontage evidence that the wind turbine would be seen from the adjacent highway but given its scale, it is considered that the proposal would not have a wider significant impact on the landscape.

1.35km to the south west of the site is a linear wind farm of six turbines at the Great Orton airfield which are 68.5m in height to blade tip, to the south east of the site and

Page 38 within Carlisle City Council boundary an approved 74m turbine (12/0345).

There are a number of smaller scale turbines within 3km of the site and the development would theoretically be seen cumulatively in combination with other wind turbine developments; it is considered there would be no significant impacts arising from the addition of a single turbine under 20m in height due to screening or filtering by existing landform and vegetation. The landscape and cumulative visual impacts are considered not to be significant.

Locality and visual considerations

The size of proposal makes the development difficult to screen and by the very nature of the development there is likely to be some harmful effects on the landscape and visual amenities of the area; however, the degree of harm needs to be weighed up against the benefits arising from the proposal.

The landscape surrounding the site is dominated by open fields and the existing wind farm development to the south of the site.

The site would be visible from a network of public footpaths within the locality; both long and short term views of the turbine could be gained. Public views of the proposed turbine would be possible from along parts of the surrounding highway network, including local roads. The boundaries to the property are mature hedgerows and open countryside with some areas of trees/woodland. There are no landscape designations affecting the site.

Visually the turbine would be seen from limited vantage points directly surrounding the site from public rights of way and the public highway. There would be some distant views but due to the scale of the turbine the proposal is not considered to significantly affect the landscape.

It is considered that the overall visual impacts of the proposal would not be significant enough to warrant refusal.

Residential Amenity

In order to address community concerns and in the interests of residential amenity and safety the Local Plan sets out an expectation that a minimum separation distance of 800m will be provided between wind turbines (over 25m to blade tip) and residential properties. In this instance the turbine is below this threshold.

Although the nearest residential property is approximately 330m away, the orientation of the dwelling and intervening features means that the turbine would not be in direct line of site from this property. A further property is located 445m to the north west of the development however; bearing in mind the size of the turbine at this distance the development would not be considered to cause any significant effects on residential amenity.

Page 39 Needs/Benefits of Renewable Energy Development

The proposal will support expansion of the existing agricultural operation and improve the financial sustainability, as well as cutting greenhouse gases.

Other Issues:

Electronic Interference (EMI), Aviation and RADAR

Carlisle airport requested that an aviation assessment was undertaken. This has been submitted and Carlisle airport are satisfied that the development would not have any effects on the safeguarding objectives of the airport.

The CAA and the MOD have all been consulted on the proposal and have raised no objections with regards to the proposal. Conditions are requested relating to notification when the turbine is erected. Subject to this condition, the scheme is considered acceptable in terms of aviation safety and radar.

Noise and shadow flicker

The council’s environmental health department have examined the proposal and have concluded that the turbine would not lead to significant noise emissions and it is considered that any noise arising from the development can be controlled by a condition attached to any approval.

In terms of shadow flicker, the standard assessment would be that properties within 10 rotor diameters of the turbine could potentially be affected by shadow flicker. In this case the rotor diameter is 9.8m therefore as there are no residential properties within 98m the effects of shadow flicker would not cause harm to surrounding properties.

It is considered that the proposal is sufficiently away from dwellings to avoid any disturbance from noise or shadow flicker. The nearest residential property that is not associated with the proposal is approximately 330m from the proposed site and would not be significantly affected by the proposal.

Biodiversity

Due to the site being in beneficial agricultural use the site has limited potential to contain any valuable wildlife habitats. When considering the proposal against Natural England’s standing advice the application site does not raise any concerns relating to effects on any wildlife or important habitats.

The ground works in associated with the turbine and access would be limited and is unlikely to cause significant harm to any habitats, due to the nature of the limited works.

The site is adjacent to the Watchtree Nature Reserve which was formed on ground used to disposal of animals during the foot and mouth outbreak in 2001. The habitat within the surrounding locality is very low density and supports a number of ponds and wetland areas, these features are of some distance from the proposed site.

Page 40 The agricultural nature and type of planting on the field does not support any important or rare species. The field would not be seen as an ecologically valuable habitat and the limited construction associated with the development is not considered to cause significant disturbance to any valuable habitat.

There are two Sites of Special Scientific Interest (SSSI) within 2km of the site namely Thurstonfield Lough and Orton Moss. These SSSI designations would not be affected by the development.

Highway/Traffic Impact

The proposal would be located approximately 325m from the adjoining highway and is therefore considered not to affect users of the highway and no objections have been received from the highway authority.

The turbine would not need any oversized vehicles or special cranes/equipment to install the turbine therefore the existing access onto the highway is acceptable.

Financial Considerations:

Having regard to S70 (2) of the Town and Country Planning Act the proposal does not have any local finance considerations.

Conclusion

In balancing the degree of harmful effects of the proposal, which are in the main limited to the impact on the landscape and visual amenity, against the benefits arising from the promotion of renewable energy development, it is considered that on balance, the harm identified is outweighed by the ‘significant weight’ that is to be attached to the benefits arising from the proposal. The recommendation therefore is for approval, subject to conditions.

Page 41 Annex 1

Conditions

2. The development hereby permitted shall be carried out in accordance with the following plans: DWG 2 - WT 0 Block plan DWG Loc - WT - Location plan KWI-15-KW-15-231 - Proposed elevations Reason: In order to ensure a satisfactory standard of development.

3. This permission shall remain valid for a period of 25 years from the date that electricity from the development is first produced ('First Export Date'). The date of the first production of electricity shall be notified in writing to the Local Planning Authority within 28 days of the event occurring. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. Not later than 12 months before the end of this permission, a decommissioning and site restoration scheme shall be submitted for the written approval of the Local Planning Authority. The scheme shall make provision for the removal of the wind turbines and the associated above ground equipment and foundations to a depth of at least one metre below ground. The approved scheme shall be fully implemented within 6 months of the expiry of this permission. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

5. If any turbine hereby approved ceases to be operational for a continuous period of at least 6 months, the turbine shall be removed and the land restored in accordance with a decommissioning and site restoration scheme approved in writing by the Local Planning Authority. The decommissioning and site restoration scheme shall be submitted to the Local Planning Authority within three months of the continuous six month cessation period coming to an end. The land shall be restored in accordance with the approved scheme within 6 months of the scheme's approval by the Local Planning Authority. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Page 42 6. Within 6 months of the completion of the construction works, any temporary working areas around the turbine shall be removed. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

7. The colour of the turbine blades shall be RL700. Development shall be carried out only in accordance with the approved details. No part of the structure shall carry any logo or lettering. Reason: To ensure that this site within open countryside is restored to an appropriate standard, in accordance with the National Planning Policy Framework and Policies S32 and S33 of the Allerdale Local Plan (Part 1), Adopted July 2014.

8. In the event that a written complaint is received relating to electro-magnetic interference a written scheme shall be submitted to and approved by the Local Planning Authority setting out a protocol for the assessment of electro-magnetic interference, including remedial measures. Operation of the turbine shall take place in accordance with the agreed protocol unless the Local Planning Authority gives its prior written consent to any variation. Reason: In order to minimise the risk of nuisance.

9. a) Noise from the turbine shall not exceed an LA90, 10min of 35dB(A) up to wind speeds of 10m/s at 10m in height when assessed and measured 3.5m from the façade of the nearest noise sensitive receptor, namely 'Cherry Garth, Kirkbampton, Carlisle, CA5 6NG' (in existence at the date of this permission).

b) Noise from the turbine shall not exceed an LA90, 10min of 45dB(A) up to wind speeds of 10m/s at 10m in height when assessed and measured 3.5m from the façade of the nearest financially involved noise sensitive receptor, namely 'The Flatt, Kirkbampton, Carlisle, CA5 6NG'. Reason: In the interests of residential amenity and in accordance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

10. In the event of a complaint being received in writing by the Local Planning Authority alleging noise nuisance at a residential property or properties due to the wind turbine, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Local Planning Authority to measure and assess the level of noise emissions from the wind turbine at the location of the complainants property. The results of the independent consultant's assessment shall be provided in writing to the Local Planning Authority within three months of the date of notification of the complaint. If a breach of Condition 9 was confirmed in the assessment the operation of the turbine will cease until the Local Planning Authority is satisfied the turbine can operate within the noise limits specified in Condition 9. The operator of the development shall be under no obligation to follow the procedure set out in this condition where the complaint relates to a residential property more than three kilometres from the wind turbine generator. Reason: In the interests of residential amenity and in accordance with the National

Page 43 Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

11. Prior to the erection of the first wind turbine, the developer shall provide written confirmation to the Local Planning Authority, NATS en-route plc, and the Ministry of Defence of the proposed date for commencement; the anticipated date of completion of construction, the height above ground level of the highest structure and the position of each turbine in latitude and longitude. Reason: In the interests of air safety.

Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Notes to Applicant:

Page 44 Page 45

This page is intentionally left blank

Page 46 Agenda Item 7

Allerdale Borough Council Planning Application 2/2014/0465

Proposed Erection of three detached dwellings Development: Location: Holmewood Residential Home Lamplugh Road Cockermouth Applicant: Mr C Root Lakeland Care Services Ltd

Recommendation: Appr oved

Summary/Key Issues

Issue Conclusion

Principle of Acceptable within settlement limit and commensurate with development strategy for growth Access Existing estate road and adequate parking and turning to each plot Trees Loss of a single tree with a dditional landscaping

Adjacent land use Compatible with carehome including the recent extension with no sense of overdevelopment Residential Adjacent dwellings and carehome unaffected. Amenity

Proposal

Application for residential development of three detached dwellings with associated landscaping within the grounds of a private carehome for the elderly.

It is noted that a tandem application for a 15 bedroom extension to the carehome (2/2014/0462) has been approved at the last Development panel 25/11/2014. The two schemes will have a common access and landscaping plan.

Site

The site comprises an existing residential carehome being a substantial period property in extensive grounds accessed from Lamplugh Road on the outskirts of Cockermouth; 650 metres from the town centre and 450 metres from the A66 roundabout junction. Adjacent land uses are predominantly residential with the Lakeland Business Park to the

Page 47 south.

The site is within the Conservation Area, the building is not a Listed Building.

Rel evant Policies

Allerdale Local Plan (Part 1) Adopted 2014

Policy DM14 - Standards of Good Design Policy DM17 - Trees, hedgerows and woodland Policy S2 - Sustainable development principles (excluding highways Policy S24 - Green infrastructure Policy S27 - Heritage Assets Policy S29 - Flood Risk and Surface Water Drainage Policy S3 - Spatial Strategy and Growth Policy S30 - Reuse of Land Policy S32 - Safeguarding amenity Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy S4 - Design principles Policy S5 - Development Principles Policy S7 - A mixed and balanced housing market

National Planning Policy Framework

Relevant Planning History

2/2014/0462 Carehome extension adjacent.

Representations

Town Council – Refuse with regard to overdevelopment United Utilities – No objection with standing advice Natural England – No objection with standing advice Environmental Health – No objection subject to condition Highway Authority – No objection subject to conditions

The application has been advertised on site and in the local press and adjoining landowners have been notified. Nine letters of objection have been received and accounted for within the report.

The application has been called in by Cllr S Standage.

Assessment

Principle

The site is within the Settlement Limit of Cockermouth and the proposals are acceptable as sustainable development with regard to Policies S1 S2 S3 S5 and the strategy for

Page 48 residential growth in Cockermouth.

Siting

The proposed layout of the three detached dwellings will occupy an open area of lawn to the south of the carehome building and viewed on the left when entering the site.

The dwellings will be inward facing with individual detached garages; on generous plots with side/rear elevations and gardens facing Lamplugh road and the buildings of the Lakeland Business Park.

The dwellings will be 20-30 metres from the south elevation of the carehome separated by the existing site access.

Landscaping/Trees

The site as a whole is characterised by notable tree planting some of which are protected as TPO trees and others protected as being within the Conservation Area. Long-term management of the trees has been undertaken at the site with some recent removal of dead or dying specimens approved by the Council.

The proposals require the removal of just one tree on the site boundary identified as a Lime of fair condition within the Tree Report. The tree is not protected by a TPO. Other trees on the boundary of the site will remain and are considered not under threat from the development with adequate root protection zones and mitigation for protection detailed within the Tree Report.

Significant planting of additional specimens are shown on the landscaping plan which will enhance the setting of the development and add to the biodiversity and habitat potential of the site.

Design and Appearance

The four bedroom and five bedroom dwellings are designed as two different house types of two storeys with Plots 2 and 3 slightly larger and having additional bedrooms within the roof-space.

The house types are complimentary in design to each other using traditional and modern materials to a generic design with stone detailing and slate roofs. Projecting gables to front and rear are common to Plot 2 and 3 and with rooflights and a rear dormer window. Plot 1 is distinguished with a rear single storey extension and Juliette balcony.

The overall impression is of three dwellings of complimentary design and appearance compatible with the appearance and setting of the host property Holmewood. The traditional period appearance of Holmewood and the setting of the Conservation Area is unaffected.

The dwellings will be visible from Lamplugh Road, however the existing and proposed landscaping at the site will limit any open views. Adjacent residential properties on Holmewood Ave and Holmewood Paddock are of a modern design with little character.

Page 49 Details of the original house types have been amended to remove external chimney stacks and bay windows considered inappropriate. Other interim designs have also been rejected in order to achieve a satisfactory standard of development.

Allerdale Conservation Officer has suggested a simpler approach to the design and appearance of the dwellings in order to minimise the visual impact at the site. The amended plans are considered to have achieved that and further amendment is considered unjustified.

Access

The existing access to the site is to be used. This access has a private junction with Holmewood Paddock residential estate and in turn is accessed from Lamplugh Road.

The Highway Authority does not recognise a significant increase in vehicle movements and raises no objections. Despite some local objection to vehicle movements and highway safety, the access and parking is considered acceptable. As mentioned at the head of the report, the proposed carehome extension at the same site will share the common access. The Highway Authority considers the access to be adequate for the two schemes.

Ecology

An ecological report and bat survey has been undertaken The development and loss of one tree is not considered to affect the habitat significantly with the trees retained and the replacement species providing and enhancing the biodiversity.

The ecology reports conclude no exclusive or significant habitat for protected species with appropriate mitigation that can be conditioned.

Drainage

Surface water and foul water is planned to the main sewer as existing. United Utilities does not object in principle subject to no net increase in discharge to the main sewer. Permeable surfaces are recommended by United Utilities which can be conditioned.

Representations

Ten letters of objection have been received from six different addresses.

The letters of objection regard the following matters.

Overdevelopment of the site particularly when considered cumulative with the carehome extension Loss of amenity and outlook for carehome Private occupancy rather than occupancy by carehome residents Loss of trees Inappropriate replacement and additional tree species Highway danger from increased traffic Visual impact

Page 50 Loss of habitat

The matters have been fully accounted for within report and not considered defensible reasons for refusal or further amendment.

Conclusion

The proposed dwellings are considered appropriate in layout, design and appearance. The house types are complimentary to each other and are compatible with the existing building without any significant visual impact or detracting or competing with the traditional architecture of Holmewood.

Adjacent residential amenity is not considered to be affected and the landscaping plan maintains and enhances the tree planting and biodiversity of the site.

The proposed dwellings will not result in overdevelopment of the site individually or cumulative with the approved care home extension and the density of the site is commensurate with the strategy for residential growth in Cockermouth.

Page 51 Annex 1

Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004. 2. The development hereby permitted shall be carried out in accordance with the following plans: 1337 PL 354 - Detached garage block 1337 PL 351 A - Housetype proposals Plot 1 (amended plan 14/11/14) 1337 PL 352 A - Housetype proposals Plot 2 (amended plan 14/11/14) 1337 PL 353 A - Housetype proposals Plot 3 (amended plan 14/11/14) 1337 PL 200 A - Proposed site plan (amended plan 14/11/14) 1337 PL 001 - Location plan 003 Proposed planting plan (amended plan received 1/12/2014) Planting schedule (amended plan 1/12/2014) EES13-096 Preliminary Environmental Risk Assessment EES13-066 Tree Constraints Report EES13-096 Preliminary Ecological Appraisal EES13-096 Bat Emergence Survey Reason: In order to ensure a satisfactory standard of development. 3. No part of the development hereby permitted shall be commenced until details and representative samples of all external and roofing materials have been submitted to and approved by the Local Planning Authority. The materials so approved shall be used in the development as approved. Reason: To ensure a satisfactory standard of development which is compatible with the character of the existing building and surrounding area, in compliance with the National Planning Policy Framework and Policies S27 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014. 4. Before development commences, details of the surface water drainage works, including surface treatments and any attenuation measures to demonstrate no greater run- off rate than the run-off from the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of the extension hereby approved. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding and discharge to the main sewer, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014. 5. The dwellings hereby approved shall not be occupied until the individual parking and turning arrangements have been implemented in accordance with the approved plan. These arrangements shall be retained 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.

Page 52 6. All hard and soft landscaping works shall be carried out in accordance with the approved landscaping plan. The approved scheme shall be fully implemented within the first planting season following the occupation of the extension hereby approved and 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 in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality. 7. The developemnt hereby approved shall be undertaken only in accordance with the tree protection measures as detailed in the Tree Constraints Report EES13-066. Reason: In order to ensure that adequate protection is afforded to the existing trees on the site. 8. The development hereby approved shall be undertaken only in accordance withthe mitigation and safeguarding as detailed in the Preliminary Ecological Appraisal EES13-096 and Bat Emergence Survey EES13-096. Reason : In order to minimise impact and promote the biodiversity of the site in accordance with Policy S35 of the Allerdale Local Plan (Part 10 Adopted 2014. 9. No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following: (a) Traffic Management Plan to include all traffic associated with the development, including the parking and turning facilities and off-street compound staff traffic; (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445. (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution. (d) Mitigation measures to ensure that no harm is caused to protected species during construction. (e) A written procedure for dealing with complaints regarding the construction or demolition; (f) Measures to control the emissions of dust and dirt during construction and demolition; (g) Programme of work for Demolition and Construction phase; (h) Hours of working and deliveries; (i) Details of lighting to be used on site. The approved statement shall be adhered to throughout the duration of the development. Reason: In the interests of the amenity of the occupiers of neighbouring properties, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014. 10. Before the development commences, a plan shall be submitted to the Local Planning Authority for approval, reserving adequate land for the parking/turning of vehicles/plant and storage of materials, engaged in the

Page 53 construction operations associated with the extension hereby approved, and such land, including vehicular access thereto, shall be used for or be kept available for these purposes until completion of the works. Reason : The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

Proactive Statement

Application Approved Following Revisions

Notes to Applicant:

Page 54 Page 55

This page is intentionally left blank

Page 56 Agenda Item 8

Planning Application 2/2014/0414

Proposed Outline application for one dwelling Development: Location: Land at Blooming Heather Dearham Maryport Applicant: Mr Vincent Gray

Recommendation: Approve

Summary/Key Issues

Issue Conclusion

Principle of The development of a single dwelling adjacent to the existing Development settlement boundary of this local service centre is considered to be acceptable in principle subject to other relevant policy criteria being satisfied. Highways The proposals result in an intensification of a substandard access, but the Highway Authority considers that one individual dwelling is unlikely to exert a significant adverse effect, and the refusal reason for the previous application for five dwellings made specific reference to the scale of the development. Drainage In view of flooding in Blooming Heather and the adjoining field, surface water drainage arrangements for the site have been a key consideration. Further information has been supplied by the applicant. Subject to appropriate conditions a satisfactory means of surface water drainage can be achieved without increasing the risk of flooding elsewhere. Residential In order to achieve a satisfactory relationship between the amenity frontages of the terraced dwellings and the proposed dwelling, whilst maintaining the linear form of development along the lane, it is considered that the new dwelling should be single storey only.

Proposal

Outline approval is sought for a single dwelling with all matters reserved. This is a resubmission of an outline application for five dwellings refused by members of the Development Panel in 2013

Page 57 Site

The site lies off ‘Blooming Heather’, an unmade lane to the south of Maryport Road (A594) in Dearham. Blooming Heather is a private road, parts of which have a very poor and pot-holed surface. It is also a public footpath along its length, although there is no dedicated pedestrian footway. The lane is utilised by 14 existing dwellings and as an agricultural access to a farm beyond the site.

The proposals relate to the field which adjoins the southeastern side of the lane, separated by a native boundary hedgerow. The site is located immediately to the southwest of Hedge Lea, a semi-detached bungalow, and is faced by a terrace of dwellings on the opposite (northwestern) side of the lane. These properties front directly on to the lane.

The red line of the site boundary extends to include the lane which serves Blooming Heather and connects the site to the A594.

Relevant Policies

National Planning Policy Framework

Paragraph 17: Always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings Section 4: Promoting Sustainable transport Section 6: Delivering a wide choice of high quality homes Section 7: Requiring good design

Allerdale Local Plan (Part1) Adopted 16 July 2014:

S3 - Spatial Strategy S4 - Design Principles S5 - Development Principles S22 - Transport Principles. S29 – Flood Risk and Surface Drainage S30 – Reuse of Land S32 – Safeguarding Amenity. Policy DM14 - Standards of Good Design

Relevant Planning History 2/1975/0090 – Outline application for bungalow - Refused 2/1991/1263 – Outline application for proposed residential development - Refused 2/2013/0279 – Outline application for residential development of 5 dwellings – Refused for the following reason: The Local Planning Authority considers that the access lane "Blooming Heather" constitutes an unsustainable and unsatisfactory means of vehicular access to serve the scale of proposed residential development contrary to the National Planning Policy Framework and Policy HS9 of the Allerdale Local Plan, First Alterations June 2006 (saved) and Policy S4 (Design Principles) of the Allerdale Local Plan (Part 1) Pre Submission Draft 2013.

Page 58

Representations

Parish Council – No objections

Housing – Does not meet the threshold for affordable housing provision. No comments.

Natural England – Unlikely to affect any statutorily protected sites or landscapes. No site specific comments in terms of protected species - the LPA should assess the application against the standing advice provided by Natural England.

Public Rights of Way Officer – The access lane is a public right of way footpath. The legal width of the path is the entire width of the lane and must not be obstructed during or after development. If the footpath alignment is to be temporarily obstructed a temporary closure of the footpath will be required.

Allerdale Engineer – Is aware that the site of the proposed development is subject to flooding from surface water run-off from the higher ground to the south west.

Would recommend that the applicant be asked to safeguard and re-route any land drainage laterals that may be cut into during construction work so as not to interrupt any existing site drainage that may exist. Also, all finished ground levels and levels of any pathways or other paving should be so constructed as to be at least 150mm clear below finished floor and door threshold levels for the ground floors of any buildings constructed on the site. This should also extend to any garages, where a corresponding 150mm ramp up to floor level will prevent entry of surface water.

Verbally indicated that the system should ensure that surface water run off should not increase elsewhere if the development was to be undertaken.

Coal Authority – No objections subject to the imposition of conditions requiring intrusive investigation ground works as recommended by Geo Environmental Engineering prior to the commencement of development, and any remedial measures arising from the ground investigations.

Environmental Health – No objections subject to the imposition of conditions relating to contaminated land.

County Highways – No objections subject to all matters relating to the layout of the site and the means of access and parking shall be reserved for approval at the detailed planning stage.

As this site is secured off a private road which has potential to serve further properties considerations should be given to securing some improvements to the construction and drainage arrangements of the access road.

United Utilities – No comments received

The application has been advertised on site and adjoining owners have been notified.

Page 59

A petition signed by 16 residents of Blooming Heather raises objections to the scheme for the following reasons: • Flooding occurs after heavy rain, drains are inadequate to take the water away as it flows from the fields like a river. New housing would exacerbate this issue. The field in question also becomes flooded very badly. • Cars are needed in a rural area – two per family or more. Additional traffic would create a greater danger to our children in the area.

There has been 6 letter of objection which relates to the following issues:-

Highways • Object to more dwellings on Blooming Heather whether it is one or five, as per the last application • Blooming Heather is in state of disrepair, no pavements for residents and one additional dwelling would add more vehicles and parking problems. • The lane cannot stand any further traffic in its present very poor state, and this will exacerbate the situation. • The previous refusal should stand as the state of the lane has not changed, and deterioration continues. • It is dangerous getting on and off the lane joining the busy Maryport Road. One new property will increase the number of vehicles using the junction and increasing the possibility of a traffic accident.

Drainage and flooding • The site lies under water for long periods of time, and nothing has been done to alleviate this problem. • When it rains the water runs down the lane collecting at the junction of Blooming Heather and the A594, making turning onto and off the A594 a hazard. The existing field drains are unable to cope. • Drainage is a major problem. In moderately wet weather there is a great deal of rain water run-off from the adjacent fields. Water also collects in the field around the bungalow "Hedge Lea". Building on the proposed site will reduce the natural soak away area and increase the amount of water deposited on the lane leading to erosion. • Flooding occurs after heavy rain, drains are inadequate to take water away as it flows from the fields like a river. One house in particular has been flooded three times. The effect of new housing would exacerbate this problem. • The field in question becomes flooded very badly. • Many of the previous objections related to the flooding issue. Nothing has been done to improve drains or solve the flooding. • The applicant has had the field drains cleaned out, but the water doesn’t drain away from the manhole at the bottom of the field. The water still seeps through the garden wall onto our garden. • Strongest concerns relate to intense flood events where the level of the water in the toilet rose to the top of the bowl. UU investigated and stated that there was insufficient hydraulic capacity to cope with the amount of water in the system. Fear this proposal will increase the pressure, and put the properties in an increasingly vulnerable position. The properties are built on an incline, and as my property is

Page 60 at the bottom likely to flood first.

Other • Extra demand on school places • Question the demand for additional properties, there are empty properties within the area • Many new properties have been built recently in Dearham with planning permission, but not with any ‘plan’ for the village or surrounding area. There is no plan which takes into account the demand for services that new development has. What is the plan for public transport, local health provision, education (primary and secondary). How can children get to school when public transport is being withdrawn and local hospitals are in special measures and unable to cope with current demand • It is about time that the authorities at all levels from Parish Councils to the County Council get together and draw up a comprehensive plan that everyone can understand and work towards, rather than the piecemeal approach that currently exists. • Loss of hedgerow and impact on local wildlife • Applicant claims difficult to acquire a four bedroomed dwelling and paddock; they already have one. • Why should we have another building outside the building line? • The stables which are already present without planning permission spill water, horse urine and mud down the lane which is a health hazard. When are you going to act? • There is already a bungalow for sale in Blooming Heather so why is another needed?

Main Issues:

Policy Considerations and Principle of Development

Since the determination of the previous application for five dwellings the Allerdale Local Plan (Part 1) has been adopted and the Local Planning Authority has been able to demonstrate a five year land supply of deliverable housing land, as outlined in the ‘Five year housing land supply statement’ published August 2014. As a consequence, the application proposals are determined against local planning policies for the supply of housing as set out in the Allerdale Local Plan (Part 1).

Dearham is defined as a Local Service Centre within the settlement hierarchy outlined in Policy S3 of the Allerdale Local Plan (Part 1). In combination the eleven settlements defined as Local Service Centres are expected to receive 20% of the new dwellings required over the plan period 2011 - 2029. The Local Plan does not specifically assign or breakdown the 20% down to individual villages. This issue will be examined further as part of the site Allocations DPD (Allerdale Local, Part 2).

Whilst Dearham is deemed a suitable location for a moderate level of housing development, there has been a large number of residential permissions in the village since 2011. In these circumstances the settlement is unlikely to be allocated any further significant residential developments in the plan period. The Council considers that

Page 61 given the high level of commitments in some villages in the Local Service Centre tier in the settlement hierarchy, it is important to ensure that a locational imbalance does not occur which would undermine the aims of the spatial strategy. Paragraph 71 of the Allerdale Local Plan makes it clear that the level of current housing commitments and completions since the beginning of the plan period must be taken into consideration.

Although the site lies outside the settlement boundary identified in the Allerdale Local Plan (1999), it is located immediately adjacent to housing within the boundary, and is satisfactorily related to the built form of the village. The settlement boundary is to be reviewed as part of the site allocations process, and the fact that this site lies outwith the boundary would not be a reason for refusal at this stage. Given that the Authority acknowledges that Dearham is considered a suitable location for a limited amount of development, this modest scheme for a single dwelling only is considered to be compatible with the spatial strategy outlined within the Allerdale Local Plan (Part 1).

Highway/Traffic Impact

The access to the site is via Blooming Heather, an unmade lane of which ownership is unknown. The existing properties having a right of access over this land, and maintenance is currently carried out by occupiers of these dwellings.

The existing terraced properties and bungalows on Blooming Heather park on both sides of the access road. The terraced properties do not have private parking and therefore there is potential for any new development to displace existing vehicles, causing congestion on the access road to the detriment of highway safety.

The unmade surface is in a poor state of repair with an uneven surface with large pot holes and inadequate drainage. There is no dedicated footway, and nor is there a turning space; turning is difficult when there are cars parked in the lane.

When considering previous proposals for five dwellings, officers judged the private road unsuitable for an increase in use and additional development which would lead to further erosion of this substandard access, being of an opinion that the whole length of the access lane would need to be upgraded to an adoptable standard to improve the safety of existing and future users of Blooming Heather. Whilst not objecting to the proposals, the Highways Authority indicated that if the recommended highways conditions requiring improvements to be made could not be imposed, they would recommend that the application be refused.

As ownership of the access track is unknown, the Local Planning Authority is unable to impose a condition to upgrade the whole of the access track and the junction with Maryport Road through a s106 agreement. Nor would it be appropriate to attach a Grampian condition requiring the upgrade of the access prior to commencement of the development as it is considered there would not be a reasonable prospect of the works being carried out on the whole of the access area, due to ownership and potential legal issues.

In recommending the previous proposal for five dwellings for refusal, officers informed

Page 62 Members that the scale of the development proposed required a higher specification of highway (i.e Blooming Heather should be upgraded to an adoptable standard), whilst drawing a distinction with other single dwelling plots elsewhere in the district where the requirement for such improvements would be considered unreasonable and unviable.

The applicant has now amended the scheme to a single dwelling, and the Highways Authority has raised no objection considering that one additional dwelling is unlikely to have a material adverse impact. Despite the proposals representing an intensification of a substandard access which the Local Authority has consistently opposed in the past, taking into account the precise reason for the refusal of the previous application, approval is now recommended for this scheme for a single dwelling.

Nevertheless, the issue of the incremental development of land on Blooming Heather must be addressed, as there is the potential for further applications for the development of single plots which cumulatively would further undermine highway safety. As outlined above, the Local Planning Authority considers the lane unsuitable for further development without upgrading and junction improvements. Furthermore, the development of all the land along the southeastern side of the lane reduces the parking available for the existing terraced dwellings, and makes turning and manoeuvring more difficult when cars are parked, to the detriment of highway safety.

In the absence of highway objections, and with the reduction of the scheme to a single dwelling reflecting the content of the previous report, approval is recommended for this particular proposal. Members should however consider the implications of the further development of individual plots along Blooming Heather, particularly if the approval of this scheme is considered as a precedent. The lane is already unsatisfactory for the number of dwellings it serves. In this context it is suggested that any further development beyond the single plot proposed as part of this application should not be supported on the basis that the access lane would constitute an unsustainable and unsatisfactory access for the existing and proposed development.

Surface Water Drainage

The site and the access lane suffer from surface water flooding. The Council have records that the site is subject to surface water run-off from the higher ground to the south west, and photograph evidence and comments from neighbouring properties has been submitted showing the field and lane become waterlogged during heavy periods of rain. Officers have had concerns that the displacement of surface water from surrounding land has the potential to adversely affect nearby properties. This is one of the key issues raised by local commentators in response to the application, and in these circumstances additional drainage information was sought from the applicant.

The applicant has submitted an indicative plan for the drainage, in which surface water from the site would be discharged into the field drains in adjoining land. The plan illustrates the existing field drainage layout, accompanied by a written statement. Subject to appropriate conditions a satisfactory scheme of surface water drainage can be achieved without risk of flooding to the proposed dwelling, or increasing the risk of flooding elsewhere.

Page 63 Other Issues:

Residential Amenity

Because the terraced properties abut the highway, achieving a satisfactory distance between the frontages of these properties and the proposed dwelling, whilst respecting the linear form of development in the locality, is difficult. It is therefore considered reasonable to require the proposed dwelling to be single storey only, in order to ensure that the amenities of the occupiers of the existing dwellings and proposed dwelling are protected.

Ecological Issues

The previous application was accompanied by an ecological report which indicated that protected species would not be affected by the proposals. The ecologist who conducted this survey has revisited the site and confirmed the findings. The report advises that any hedge pruning or removal is completed outside the breeding bird season (March to September inclusive). Whilst the development will involve the removal of a length of hedgerow, no further survey work is required and it is judged that the scheme will not exert any adverse impact on biodiversity.

Other matters:

The development of a single dwelling house will not exert any significant impact on school provision in Dearham, although it is acknowledged that a large number of residential permissions have been granted in the village prior to the adoption of the Allerdale Local Plan (Part 1) and in the absence of a five year land supply. The Local Planning Authority is now in a position to consider new development proposals in a more structured manner, and although commentators have pointed out that there are lots of dwellings for sale in the village, housing targets are designed to accommodate growth for the period up to 2029. Reference has also been made by commentators to a field shelter constructed on adjoining land. This matter was investigated by the Planning Compliance Officer. The Local Planning Authority resolved that it was not expedient to pursue.

Applicants submission:

Disputing the Council’s Five Year Housing Land Supply Statement issued in August 2014, the applicant’s agent contends that the Council does not have a five year land supply. In the absence of a five year land supply, the National Planning Policy Framework indicates that local planning policies for the supply of housing cannot be considered up to date, and cannot be relied upon to resist development outside defined settlement limits. In these circumstances the application should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework as a whole. The agent also makes reference to the dwelling being for the applicant’s daughter.

Page 64 Conclusion

Although Blooming Heather is an unsatisfactory and substandard access, taking into account the precise reason for refusal of the previous development proposals for this site, and the lack of highway objections to the scheme, the application is recommended for approval.

Annex 1

Conditions

1. Before any works commence, details of the layout, scale and appearance, access and landscaping (hereinafter called 'reserved matters') shall be submitted to and approved by the Local Planning Authority. Reason: To enable the Local Planning Authority to assess all the details of the development and ensure a satisfactory standard of development on site.

2. The development hereby permitted shall be carried out in accordance with the following plans: Site Location Plan Rev B (1:1250) received by the Local Planning Authority on 30 October 2014 Reason: For the avoidance of doubt and in order to ensure a satisfactory standard of development.

3. The submission of all reserved matters applications shall be made no later than the expiration of 3 years beginning with the date of this permission and the development shall begin no later than whichever is the later of the following dates: a) The expiration of three years from the date of the grant of this permission, or b) The expiration of two years from the final approval of the 'reserved matters' or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: In order to comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

4. Before any development takes place, a plan shall be submitted for the prior approval of the local planning authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works. Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to the occupiers of Blooming Heather.

5. The details required by the 'reserved matters' shall relate to the development of a single storey dwelling. Reason: It is considered this is most appropriate in this location taking into account

Page 65 the relationship with the dwellings to the northwest of the application site, consistent with Policies S32 and DM14 of the Allerdale Local Plan (Part 1), adopted July 2014.

6. Any application for 'reserved matters' of layout shall include plans showing the following: a) Cross sections through the site; b) Details of existing and proposed ground levels; c) Proposed finished floor levels of buildings; d) Levels of any paths, drives, garages and parking areas; and the development shall be carried out in accordance with the details so approved. Reason: To ensure that the works are carried out to a suitable level in relation to the adjoining properties, in the interests of safeguarding amenity and to avoid potential flood risk to and from the site.

7. Provision shall be made in the submission of any 'reserved matters' application for a minimum of 2 parking spaces within the site. Reason: To ensure that a minimum standard of off-street parking provision is made for the development and in the interests of highway safety, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

8. Prior to commencement of development, details for how foul and surface water shall be drained on a separate system shall be submitted to the Local Planning Authority and approved in writing. The development shall be completed in accordance with the approved details. Reason: To ensure a satisfactory standard of development, consistent with Policy S29 of the Allerdale Local Plan (Part 1), adopted July 2014.

9. Prior to the commencement of development, full details of a surface water drainage scheme for the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a drainage layout plan, details of attenuation measures to demonstrate no greater run off rate than the existing greenfield site, details of how the existing field drainage system that lies within the application site shall be safeguarded, and details of how the scheme shall be maintained and managed after completion. No part of the development shall be occupied until the drainage scheme has been constructed in accordance with the approved details. For the avoidance of doubt, neither surface water, land drainage, nor highway drainage associated with the site shall connect into the public sewerage system (directly or indirectly). The development shall be completed and maintained in accordance with the approved details. Reason: To ensure the satisfactory provision of drainage facilities to serve the proposed development and minimise the risk of flooding in the locality, in compliance with the National Planning Policy Framework and Policy S29 of the Allerdale Local Plan (Part 1), adopted July 2014.

10. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off Blooming Heather shall be submitted to the Local Planning Authority for approval prior to development being

Page 66 commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter. Reason: In the interests of highway safety and environmental management.

11. Details of the siting, height and type of all means of enclosure/screen walls/fences/other means of enclosure shall be submitted to and approved by the Local Planning Authority before development commences. Any such walls/fences etc shall be constructed prior to the approved building being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority. Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and protects the amenity of the occupiers of neighbouring properties.

12. No development approved by this permission shall commence until all necessary site investigation works within the site boundary have been carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to the commencement. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

13. Should land affected by contamination be identified under condition 12 following site investigations which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

14. Should a contamination remediation scheme be required under condition 13, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

15. 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

Page 67 immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

16. No development approved by this permission shall commence until the intrusive investigation works recommended within the letter from Geo Environmental Engineering (dated 12 April 2013) are undertaken. Should site investigations confirm the need for remedial works to treat the mine entry and/or areas of shallow mine workings and/or other mitigation measures (e.g foundation precautions, gas protection etc) to ensure the safety and stability of the proposed development, these works should be taken prior to the commencement of development. To minimise the risk to health and public safety from former mining activities, consistent with Policy S30 of the Allerdale Local Plan (Part 1), adopted July 2014.

Proactive Statement

Application Approved Following Revisions

Notes to The applicant’s attention is drawn to the attached advice from the Applicant: following consultees: Cumbria County Council regarding Public Rights of Way; British Coal, and Electricity North West.

All hedge pruning or removal should be completed outside the breeding bird season (March to September inclusive).

Page 68

Page 69 This page is intentionally left blank

Page 70 Agenda Item 9

Allerdale Borough Council Planning Application 2/2014/0768

Proposed Proposed 2 storey side and 1 storey rear extension to provide Development: additional living space (resubmission) Location: 8 Row Brow Dearham Maryport Applicant: Mr David Walkingshaw Walkingshaw Construction and Developments Ltd

Recommendation: Approved

Summary/Key Issues

Issue Conclusion

Scale and design The scale and design is appropriate for the locality

Amenity Amenity standards are maintained

Highways The original application was refused as there were no provisions for off street parking, the revised application includes an integral garage as the property had a previous approval for an extension to provide 5 bedrooms, it is considered that this application for 4 bedrooms with an integral garage is acceptable.

Proposal

Planning permission is sought for the erection of a two storey side and 1 storey rear extension to provide additional living space. The application includes an integral to the gable elevation.

Sit e

The application site lies within the settlement limit of Dearham; it is an end of terrace property on Row Brow.

It is currently unoccupied and in need of renovation.

The property previously had an attached garage to the side elevation which has previously been demolished.

The use of on street parking is predominant for this area and is very limited.

Page 71

Relevant Policies

National Planning Policy Framework Chapter 7 – Requiring good design

Allerdale Local Plan (Part 1) July 2014 DM14 - Standards of Good Design DM15 - Extensions and Alterations to Existing Buildings and Properties S32 – Safeguarding amenity

Relevant Planning History

2/2006/0176 – Extensions to provide additional living accommodation and construction of garage with office over, as amended by letter and plan received 16 March 2006 and letter and plan received 17 May 2006. – Approved

2/2014/0583 – Two storey side and single storey rear extension to provide additional living space - Refused 29/09/2014

Representations

Highways – Highways made comments that when the property is finished it will have one off road parking space which falls short of their normal requirements for a dwelling of the size proposed and the proposal is likely to increase demand for on street parking, which is the predominant parking for houses in this area.

Dearham Parish Council – Made comments that there has been provision made off road parking however had doubts that it would be sufficient so recommended refusal

Environmental Health – No objections however have recommended mine working

The application has been advertised on site and neighbouring properties have been notified.

Neighbouring consultees – Concerns have been raised regarding off street parking, however it is considered that the applicant has addressed the previous issues and reinstating the garage as part of the proposal situated in the same place prior to its demolition. They recommend that the proposed garage door design is changed for either an up and over or roller shutter style to protect sight lines for vehicles reversing out of the garage. The agent has confirmed in an email received 28 th November that the applicant is to amend the garage doors to either inward opening or up and over doors to enable unimpeded vision along the street when exiting the garage.

The application was called in by Councillor Maguire due to concerns with the position and size of the proposed extension and parking.

Page 72 Officer Comments:

Assessment

Scale and design

The proposed extension is to provide an additional garage and extended family room to the ground floor. The total number of bedrooms that original dwelling had remains unclear however the agent has informed us that originally the property was a 4 bedroom property with an integral garage with the garage being situated in the same position as the current proposal. The property was granted planning permission under ref 2/2006/176 which included permission for a carport and an extension which would increase the number of bedrooms to a 5 bedroomed property.

The extension will be 8.2m total height of the two storey extension to the side elevation, a total height of 3.5m to the rear single storey extension. The proposed extension will add a total of 3.1m to the existing width (not including the previously demolished garage) and a further 2.73m to the total length to the rear of the existing dwelling. It is considered that the proposal will not result in overdevelopment of the curtilage or become a dominant feature of the building.

The proposed extension is to be of render which will match the existing and the proposed windows are to be uPVC. The windows in the existing dwelling are of timber however it considered acceptable to change the windows to uPVC as the existing dwelling is not protected by an Article 4 direction, is not a listed building or within a Conservation Area. The scale and materials would not adversely alter the appearance of the existing building and are considered acceptable.

Amenity

The extension to the side elevation will mean that the gable would be closer to the neighbouring property than existing.

The neighbouring property has a window to the side elevation to the second floor, however as the neighbouring property benefits from a velux in the rear elevation and the proposed extension does not include any windows in the gable elevation it would be considered that this would not materially harm the amenity of the occupants of neighbouring properties.

The proposal will maintain current standards of residential amenity and is considered to comply with current policy.

Highways

Concerns have been raised regarding parking issues on Row Brow and the original application 2/2014/0583 was refused as it failed to provide for the operational car parking needs for the property. The resubmitted application includes an integral garage which has been restored to its original position to the side elevation prior to its demolition. Row Brow also benefits from on street parking outside of the properties.

Page 73 Comments were raised regarding the painting of double yellow lines outside numbers 10, 11 & 12 Row Brow however Highways have confirmed that that this is only of several options that would be considered but the request is only on their to do list, therefore this could not be taken into consideration.

Concerns were raised with the siting of the proposed garage; however the garage is to be situated in the same location of the original garage prior to its demolition as shown on the existing plans on the previous approval 2/2006/0176. In addition to this the approval for a 5 bedroom property with carport was deemed as acceptable, with the carport being in the same location as the proposed garage on this proposal, taking this into account it would be considered to be unreasonable to encourage the applicant to change to the siting of the proposed garage

In addition concerns have arisen regarding whether the applicants would use the on street parking for parking of commercial vehicles however it is not reasonable to add a condition to the application with regards to the parking of commercial vehicles on street, the application is a householder application for domestic purposes and if the applicant was to use the property for commercial purposes this would require planning permission in its own right.

Highways made comments that when the property is finished it will have one off road parking space which falls short of their normal requirements for a dwelling of the size proposed and the proposal is likely to increase demand for on street parking, which is the predominant parking for houses in this area. Highways made comments that if we were mindful to approve the application they recommend that the proposed garage door design is changed for either an up and over or roller shutter style to protect sight lines for vehicles reversing out of the garage

The agent has confirmed in an email received 28 th November that the applicant is to amend the garage doors to either inward opening or up and over doors to enable unimpeded vision along the street when exiting the garage. Given the previous approval 2/2006/0176 for a 5 bedroom property with carport, the proposal for a 4 bedroomed property with an integral garage would be considered to be acceptable and is considered to comply with current planning policy .

Conclusion

The development satisfies current policy in relation to scale, design, highways and protection of residential amenity.

Page 74 Annex 1

Conditions

2. The development hereby permitted shall be carried out in accordance with the following plans: 120301-02 - Proposed Elevations and Floor Plans PL-02 - Site Location Plan Reason: In order to ensure a satisfactory standard of development.

3. The proposed garaging facilities hereby approved shall at all times be retained for the parking of motor vehicles and shall not be used for or converted into habitable residential living accommodation without the written consent of the Local Planning Authority. Reason: To ensure the provision of satisfactory vehicular parking facilities within the application site, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Notes to Mining advisory note required Applicant:

Page 75 Page 76