SL/2017/0378 PARISH: Milnthorpe Land adjacent to St Anthony's Close PROPOSAL: Erection of eight dwellings with associated access and landscaping works APPLICANT: Dallam Tower Estate and Brookhouse Group Grid Ref: E: 349879 N: 481961 R U H C LB 50 4 8 46 0 1 P 4 O 2 T L L I H A 6 Hig hfield T 37.5m ower Bank 5 3 0 4 Manzel 0 3 15 23 T S 5 1 E 1 R C L L 19 I 20 H ST ANTH 1 O NY S CLOSE 6 9 3 0 1 L L I H 5 2 1 S 7 Y N 31.2m O H T 11 13 N 21 A 12 14 22 F T R pe S E stry Hillcrest V ottage A H Orchard Crest 1 0 9 7 2 1 2 8 2 2 6 5 4 3 Allotment Gardens 2 6 7 3 4 2 5 8 3 D A E Allotment H K Gardens R I K 26.7m 3 2 2 1 2 23 T 25 r 24 3 a 26 5 37 c 36 k 2 38 0 k c a r "T 3 1 a 3 2 2 4 2 9 0 2 2 8 3 8 R Y 8 L 1 2 S E 4 2 U 8 Y M SL/2017/0378 The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office. Land adjacent: Licence o. 100024277 & Crown Copyright Unauthorised reproduction infringes Crown Copyright St Anthony's Close and may lead to prosecution or civil proceedings Milnthorpe Scale: Not to scale SUMMARY 1. Full planning permission is sought on the Land Allocation LA1.3 adjacent to St.Anthony’s Close. The site is identified as being 0.48 hectares, sufficient to accommodate up to 9 dwellings. Eight split level dwellings are proposed, 2 detached and 6 semi-detached. All are one and a half storey at the front, three storey at the rear which takes account of the sloping land levels. All have integral garage/store, bin store, two parking spaces and are finished externally with slate, render and reconstructed stone quoins and lintels. 2. The key issues that apply to this application are: • Impact on the setting of a listed building; • Surface Water and Foul Drainage; • Design; • Residential amenity. 3. The application is brought before planning committee because of the level of public interest. RECOMMENDATION 4. Grant subject to a number of conditions which are set out at the end of the report. DESCRIPTION AND PROPOSAL Site description 5. This allocated site is located in the south west corner of an agricultural field north of the centre of Milnthorpe between Haverflatts Lane and St.Anthony’s Close. North of the site is St.Anthony’s Tower, a Grade II listed Monument. Approximately 141metres east is Haverflatts Lane where the agricultural field access exists. The west boundary abuts the rear gardens of no’s 10, 11, 12 St.Anthony’s Close and the hammerhead at the end of St.Anthony’s Close. The south boundary abuts the side boundary of Hillcrest and Orchard Crest at the head of Summerville Road. 6. The site is currently agricultural pastureland used for grazing sheep. Boundary treatment on the south and west is a post and wire fence. There is a mix of stone wall and mature hedgerow behind. The land rises steeply north, falling away to the east and south forming a valley, then rising again towards Haverflatts Lane. Proposal 7. The application seeks full planning permission for the construction of 8 dwellings, 6 three bedroom semi-detached and 2 four bedroom detached. The dwellings are 1.5 storey facing the street and 3 storey at the rear. All have integral garage/store plus two parking spaces. The external finish is with slate, render and reconstructed stone quoins and lintels. Gardens to the front and rear. Access will be taken from an existing hammerhead on St.Anthony’s Close. Each dwelling has a private driveway providing 2 parking spaces. HISTORICAL CONTEXT 8. The land was included in the South Lakeland Local Plan Local Land Allocations Document reference LA1.3 Land adjacent to St.Anthony’s Close. Pre-application advice was sought under IE/2014/0115. The general advice referred to the land allocation. CONSULTATIONS Parish / Town Council: MILNTHORPE 9. The Parish Council welcomes this proposed development in terms of amenity and access, as it makes good use of a difficult site to provide family housing. However it is concerned about the proposal to dispose of foul sewage by connecting the development to the existing combined sewer in Summerville Road because of existing experience by residents of sewage overflow into gardens. As such adding a further 8 dwellings is unacceptable. There are no details submitted of the outcomes of consultations. The Parish Council feels that insufficient work has been done to accurately assess the capacity and capability of the sewer and on this bases objects to the application. An acceptable proposal would be to pump the foul sewage to the existing sewer in St.Anthony’s Close. Cumbria County Council: Highways 10. The amended proposal includes changes to the drainage, footways and driveway access, and removal of a new field gate, all of which are acceptable. Construction should be to a standard suitable for adoption by the Highway Authority through the Section 38 (road) and Section 278(pedestrian) process. 11. Previously highways had ojected on grounds of parking provision layout and gradients, pedestrian connectivity in respect of permeability to the existing footway network on St.Anthony’s Close, vehicle access points and visibility splays, and the creation of an agricultural field access gate. Lead Local Flood Authority (LLFA) 12. Following investigations by the applicant with the LLFA a Grampian Condition has been agreed. The LLFA accepts the changes on drawing CF7195 002 Revision ‘C’ and the report and is satisfied that the proposed drainage can be achieved once the identified blockage is removed. 13. Previously the LLFA had objected to the proposal on the grounds of inadequate information to address adequate surface water drainage. The site posed significant obstacles to development; the steep gradients giving rise to existing surface water drainage issues. showing that percolation testing has been done to BRE 365 standards and does not show the locations of soakaways or gradients of access with related permeable surfacing, Electricity North West : 14. No objection raised but found that the proposed development could have an impact on NW Electricity infrastructure. An application to divert the high voltage overhead power line can be made. A safe working distance must be maintained. If planning permission is granted the applicant should verify such details by contacting Electricity NW. United Utilities: 15. No objection subject to the proposal draining surface and foul water on separate systems. Prior to commencement a surface water drainage scheme based on the hierarchy of drainage options in the national Planning Practice Guidance with evidence of an assessment shall be submitted and approved. The surface water drainage scheme must be in accordance with the non-statutory technical standards for sustainable drainage systems (March 2015) or any subsequent replacement national standards unless otherwise agreed. A management and maintenance plan should be submitted to allow adoption by the appropriate public body. It is the applicant’s responsibility to demonstrate the connection between the proposal and United Utilities assets. Foul and surface water should drain separately in accordance with the NPPF and PPG. South Lakeland District Council: Conservation Officer 16. The Conservation Officer is unable to support the proposal and states “I would wish to make it clear that I recognise that for harm to occur any effects must be significant ones; and that simply being able to see any of the proposed development from these receptor sites would not necessary mean that a harmful impact would result. With regard to views out from the asset and from any land to the south and south west of the application site my advice is that any such impact would be neutral, and so the preservation of St Anthonys Tower would be secured because no harm would be caused. With regard to views that take in both the tower and the proposed development from the south east my advice is that the development would slightly compromise and diminish the characteristically rural and undeveloped setting of the grade II heritage asset and so cause harm to its significance. This harm would be tempered by the existence of housing in the background of such views but even so, I conclude that the proposal would have a minor adverse impact on the significance of the grade II listed building.” 17. The Conservation Officer concludes: 18. “In applying the tests of the 1990 Planning (LBCA) Act my advice is that the proposal would cause harm to the setting, and thus significance of the grade II listed St Anthonys Tower, and so fail to preserve its special architectural or historic interest . In calculating the impact of the proposal I conclude that the impact would be slightly harmful; and so, to use the terminology required by the PPF, it would less than substantial. 19. Having paid special attention to the desirability of preserving these various designated heritage assets; and taking into account of recent case law, it is important to be aware that despite finding the harm to be less than substantial, there remains a statutory presumption against granting approval for such development, and this should remain a compelling factor in your deliberations.