Chief Executive’s Directorate Legal and Democratic Services The Lonsdale Building The Courts Carlisle Cumbria CA3 8NA Tel 01228 606060 Email [email protected]
18 June 2015
To: The Chair and Members of the Development Control and Regulation Committee
Agenda
DEVELOPMENT CONTROL AND REGULATION COMMITTEE
A meeting of the Development Control and Regulation Committee will be held as follows:
Date: Thursday 25 June 2015 Time: 10.00 am Place: Council Chamber - County Offices, Kendal, LA9 4RQ
Dawn Roberts Assistant Director – Corporate Governance
Enquiries and requests for supporting papers to: Nick Evans Direct Line: 01228 226367 Email: [email protected]
This agenda is available on request in alternative formats
Serving the People of Cumbria
1 MEMBERSHIP
Labour (8) Conservative (6) Liberal Democrat (3)
Mr A Clark (Chairman) Mr LN Fisher (Vice-Chair) Mr N Cotton Mr F Cassidy Mr RK Bingham Mr D Fletcher Mr KR Hamilton Mrs HF Carrick Mrs BC Gray Mr G Humes Mr AJ Markley Mr W McEwan Mr M Stephenson Mr FI Morgan Mr A Toole Mr E Wilson Mr H Wormstrup
West Cumbria Independent (1)
Mr JS Holliday
ACCESS TO INFORMATION
Agenda and Reports
Copies of the agenda and Part I reports are available for members of the public to inspect prior to the meeting. Copies will also be available at the meeting.
The agenda and Part I reports are also available on the County Council’s website – http://councilportal.cumbria.gov.uk/ieListMeetings.aspx?CId=124&Year=0
Background Papers
Requests for the background papers to the Part I reports, excluding those papers that contain exempt information, can be made to the Legal and Democratic Services Unit at the address overleaf between the hours of 9.00 am and 4.30 pm, Monday to Friday.
2 A G E N D A
PART 1: ITEMS LIKELY TO BE CONSIDERED IN THE PRESENCE OF THE PRESS AND PUBLIC
1 APOLOGIES FOR ABSENCE
To receive any apologies for absence.
2 CHANGES IN MEMBERSHIP
To note any changes in membership.
3 DISCLOSURES OF INTEREST
Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises
1 Details of any employment, office, trade, profession or vocation carried on for profit or gain.
2 Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses. (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.
3 Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority
(a) Under which goods or services are to be provided or works are to be executed; and
(b) Which has not been fully discharged.
4 Details of any beneficial interest in land which is within the area of the authority.
5 Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer.
6 Details of any tenancy where (to your knowledge)
(a) The landlord is the authority; and
(b) The tenant is a body in which you have a beneficial interest.
7 Details of any beneficial interest in securities of a body where
3 (a) That body (to your knowledge) has a place of business or land in the area of the authority; and
(b) Either –
(i) The total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.
In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.
Note
A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).
4 EXCLUSION OF PRESS AND PUBLIC
To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.
5 MINUTES
To confirm as a correct record the Minutes of the meeting of the Committee held on 13 May 2015 . (Pages 7 - 12)
6 WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC FOOTPATH AT NETHERTOWN IN THE PARISH OF LOWSIDE QUARTER: DISTRICT OF COPELAND
To consider a report by the Corporate Director – Environment and Community Services (copy enclosed). (Pages 13 - 24)
7 COMMONS REGISTRATION:- APPLICATION FOR REGISTRATION OF LAND AT HINCASTER, MILNTHORPE AS A TOWN OR VILLAGE GREEN
To consider a report by the Corporate Director – Environment and Community Services (copy enclosed). (Pages 25 - 94)
8 REPORTS ON APPLICATIONS FOR PLANNING PERMISSION
These are applications which are determined by the County Council after taking into account the views of consultees and relevant representations. Applications in this
4 category are prescribed by legislation. Private applications principally relate to minerals and waste management activities and associated development. County applications are developments which are to be carried out by the County Council itself or jointly with any other person. (Pages 95 - 96) a Planning application 2/14/9017 - Ashcroft Plant Hire Ltd Restoration scheme to return former colliery spoil area to agricultural land. Scheme includes re-profiling and reed beds. Field 3771 North of Pennygill Lane, Flimby, Maryport (Pages 97 - 128) b Planning application 2/15/9003 - Cumbria County Council Erection of a two storey Portakabin building with internal staircase, a single storey Portakabin building and a covered walkway from the main school building to the Portakabin buildings for a temporary period. Stainburn School & Science College, Stainburn Road, Workington, Cumbria, CA14 4EB (Pages 129 - 142) c Planning application 4/15/9005 Sellafield Ltd Extension to the existing silos direct encapsulation plant (SDP) by approximately 40m to the North and 80m West to East. Construction of new management centre annexe building, five storey high modular building to support the SDP activities Sellafield Ltd, Sellafield, Seascale, Cumbria, CA20 1PG (Pages 143 - 156) d Planning application 6/15/9002 Cumbria County Council Provision of an extended hard-surfaced area to provide additional parking spaces. Dowdales School, Nelson Street, Dalton-in-Furness, Cumbria, LA15 8AH (Pages 157 - 168)
9 APPLICATIONS DETERMINED AT APPEAL
To receive, for information, an update report from the Assistant Director – Environment and Regulatory Services (copy enclosed). (Pages 169 - 170) a Application 3/11/9009 Tarmac Ltd Variation of Planning Permission 3/91/0571 to extend the period of operation at Low Plains Quarry for 22 years Low Plains Quarry, Armathwaite, Penrith, Cumbria, CA4 9TR Application 11/9010 Tarmac Ltd Variation of Planning Permission 3/04/9015 to extend the period of time for the soil storage bund for 22 years Low Plains Quarry, Armathwaite, Penrith, Cumbria, CA4 9TR (Pages 171 - 174)
10 APPLICATIONS/CONSULTATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS
To receive a report from the Assistant Director – Environment & Regulatory Services (copy enclosed).
To note that these applications have been submitted to the County Council but are not ready/appropriate for presentation to the Committee of for determination under delegated powers and/or have been recently withdrawn or determined as invalid or not requiring planning permission etc. (Pages 175 - 176)
5 11 APPLICATIONS TO BE CONSIDERED AT FUTURE MEETINGS
To receive a report from the Assistant Director – Environment & Regulatory Services (copy enclosed).
To note the list of outstanding planning applications. (Pages 177 - 178)
12 CONSULTATIONS BY DISTRICT COUNCILS, NATIONAL PARK AUTHORITIES, ADJOINING PLANNING AUTHORITIES, & GOVERNMENT DEPARTMENTS, ETC.
In accordance with the Town and Country Planning Act 1990, Schedule 1, paragraph 7, the County Council is consulted on those applications which are considered to fall within the agreed Development Control Code of Practice for Cumbria. (Pages 179 - 180)
13 FUTURE MEETING DATES
All meetings take place in The Council Chamber, County Offices, Kendal, starting at 10.00 am:-
Wednesday 29 July 2015 Wednesday 26 August 2015 Wednesday 7 October 2015 Wednesday 16 November 2015 Wednesday 6 January 2016 Wednesday 17 February 2016 Wednesday 30 March 2016 Wednesday 11 May 2016 Thursday 23 June 2016 Wednesday 27 July 2016 Wednesday 24 August 2016 Wednesday 5 October 2016 Wednesday 16 November 2016 Wednesday 4 January 2017 Wednesday 15 February 2017 Thursday 30 March 2017
6 Agenda Item 5
DEVELOPMENT CONTROL AND REGULATION COMMITTEE
Minutes of a Meeting of the Development Control and Regulation Committee held on Wednesday, 13 May 2015 at 10.00 am at Council Chamber - County Offices, Kendal, LA9 4RQ
PRESENT:
Mr A Clark (Chairman)
Mr LN Fisher (Vice-Chair) Mr G Humes Mr RK Bingham Mr W McEwan Mrs HF Carrick Mr FI Morgan Mr F Cassidy Mr M Stephenson Mr N Cotton Mrs V Tarbitt Mrs BC Gray Mr A Toole Mr KR Hamilton Mr E Wilson Mr JS Holliday Mr H Wormstrup
Also in Attendance:-
Mrs J Corry - Team Leader, Development Control Ms J Hounslow - Senior Democratic Services Officer Mr R Pearse - County Countryside & Landscape Officer Mrs J Petersen - Senior Planning Officer Mrs M Spark - Legal Advisor (Managing Associate - Addleshaw Goddard)
PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS
1 APOLOGIES FOR ABSENCE
Apologies for absence were received from Mr Fletcher and Mr Markley.
2 CHANGES IN MEMBERSHIP
It was noted that Mr Cassidy and Mr Stephenson had replaced Mrs Tibble and Mr Richardson respectively, as permanent members of the Committee and Mrs Tarbitt had replaced Mr Markley as a member of the Committee for this meeting only.
3 DISCLOSURES OF INTEREST
Mr Fisher declared a pecuniary interest in Agenda Item No. 8a) Planning Application No. 2/15/9002 as the applicant was his future son-in-law.
Page 7 4 EXCLUSION OF PRESS AND PUBLIC
RESOLVED, that the press and public be not excluded during consideration of any items of business.
5 MINUTES
RESOLVED, that the minutes of the meeting held on 1 April 2015 be confirmed as a correct record and signed by the Chairman.
6 SECTION 257 TOWN AND COUNTRY PLANNING ACT 1990 - APPLICATION TO STOP UP PART OF PUBLIC FOOTPATH NO 109322 PARISH OF CITY OF CARLISLE: DISTRICT OF CARLISLE
Mr Sims, PROW Mapping Officer informed members that an application had been received to stop up part of public footpath no 109322 City of Carlisle to enable development to be carried out including the creation of a cycle track it its place.
RESOLVED, that pursuant to the power set out at Part 6B Paragraph 7(b) of the Council’s Constitution, an order be made under Section 257 of the Town and Country Planning Act 1990 to stop up a part of public footpath no 109322 in the City of Carlisle as marked A-B on the plan at Appendix A and that the Assistant Director, Corporate Governance be authorised to take all necessary action to confirm the order.
7 SECTION 25 HIGHWAYS ACT 1980 PROPOSED CREATION OF PUBLIC FOOTPATHS AT GILSLAND SPA PARISH OF WATERHEAD DISTRICT OF CARLISLE
Mr Sims, PROW Mapping Officer informed members that the Council had negotiated with the affected landowner to dedicate permanent public footpath links at Gilsland Spa.
RESOLVED, that pursuant to the power set out at Part 6B paragraph 7(d) of the Council’s Constitution the Assistant Director, Corporate Governance be authorised to enter into a legal agreement under Section 25 of the Highways Act 1980 with the relevant landowner to create new public footpaths in the parish of Waterhead as shown AB-C-D and F-G-H-I on the plan at Appendix A.
8 REPORTS ON APPLICATIONS FOR PLANNING PERMISSION
As Mr Fisher had declared an interest he did not take part in the debate.
a Section 73 application to amend condition no.1 on planning permission 2/05/9001 to extend operations until 31 May 2020. Snowhill Farm, Caldbeck, Wigton, Cumbria, CA7 8HL
Page 8 Mrs Petersen, Senior Planning Officer presented the report which explained that Planning permission 2/05/9001 was granted on 27 May 2005 for the re-opening and extension of No 2 Quarry (which was at the time disused) allowing extraction of material until 31 May 2015. The application was to extend the time period for a further 5 years until 31 May 2020.
RESOLVED, that planning permission be granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.
9 APPLICATIONS/CONSULTATIONS DETERMINED UNDER DELEGATED POWERS
Mrs Corry, Team Leader – Development Control referred members to the updated schedules for Item No’s 9, 10, 11 and 12.
RESOLVED, that the revised list of applications/consultations determined under delegated powers be noted.
10 APPLICATIONS/CONSULTATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS
A member asked that Planning Application No. 4/15/9005 Extension to the existing silos direct encapsulation plant, Sellafield Ltd, Seascale be considered by Committee.
RESOLVED, that
(1) the revised list of applications/consultations proposed to be determined under delegated powers be noted;
(2) Planning Application No. 4/15/9005 Extension to the existing silos direct encapsulation plant, Sellafield Ltd, Seascale, Cumbria, CA20 1PG be considered by the Committee.
11 APPLICATIONS TO BE CONSIDERED AT FUTURE MEETINGS
The revised list of applications to be considered at future meetings was discussed. Mrs Corry, Team Leader – Development Control advised that the aborted site visit to Planning Application No. 2/14/9017 Restoration Scheme to return former colliery spoil area to agricultural land on Field 3771, north of Pennygill Lane, Flimby, Maryport was rescheduled for 10 June 2015.
Mr Humes requested a site visit to Planning Application No. 2/15/9004 Construction of a new school building. Stainburn School & Science College, Stainburn Road, Workington. As there would be an impact on the highways network in the area, members asked that a representative from the highways department be invited to the site visit. A member asked why the application stated that the county council was the joint applicant. Members were informed that although the application was
Page 9 for an academy, the county council were in control of the funding up until it was built and then the governors would run the school.
RESOLVED, that a site visit be held to Planning Application No. 2/14/9017 Restoration Scheme to return former colliery spoil area to agricultural land on Field 3771, north of Pennygill Lane, Flimby, Maryport and Planning Application No. 2/15/9004 Construction of a new school building. Stainburn School & Science College, Stainburn Road, Workington on 10 June 2015.
12 CONSULTATIONS BY DISTRICT COUNCILS, NATIONAL PARK AUTHORITIES, ADJOINING PLANNING AUTHORITIES, & GOVERNMENT DEPARTMENTS, ETC.
a Planning Application No. SL/2014/1220 Application to South Lakeland District Council for the Decommissioning of 12 existing wind turbines and ancillary infrastructure; Erection of a wind farm comprising 6 turbines (Maximum blade tip height of up to 115m), a meteorological mast, new and upgraded access tracks, a substation and other ancillary development. Land at Kirkby Moor Wind Farm, Kirkby in Furness
Mr Pearse, Principal Planning Officer, Landscape and Countryside presented the report which was an application to South Lakeland District Council for the decommissioning of 12 existing wind turbines and ancillary infrastructure; Erection of a wind farm comprising 6 turbines (Maximum blade tip height of up to 115m), a meteorological mast, new and upgraded access tracks, a substation and other ancillary development. Land at Kirkby Moor Wind Farm, Kirkby-in-Furness.
Members discussed the application at length and were perturbed by the size of the turbines and the impact it would have on the surrounding area which was designated as a Site of Special Scientific Interest. The concrete bases which the 12 existing turbines sat on would remain in situ albeit the top metre removed. The application for the 6 new turbines would not reuse any of the existing bases which would lead to a further 6 concrete bases being left in situ once decommissioned. A member asked that a ‘strong’ objection be raised.
RESOLVED, that a strong objection is raised due to adverse landscape, visual and cumulative effects which are not outweighed by the environmental benefits associated with the renewable energy generation and carbon savings which would arise from this scheme.
13 FUTURE MEETING DATES
Ms Hounslow, Senior Democratic Services Officer reported that the site visit date in the member diary for 25 July had been moved to Wednesday 5 August 2015 at 10.00 am. As this was also Ms Hounslow’s last meeting before starting a new
Page 10 position within the Council, the Chairman took the opportunity to thank her for her support to the Committee over the last 7 years.
RESOLVED, that the list of future meeting dates be noted.
The meeting ended at 11.05 am
Page 11 This page is intentionally left blank Agenda Item 6
DEVELOPMENT CONTROL AND REGULATION COMMITTEE
Meeting date: 25 June 2015
From: Corporate Director – Environment and Community Services
WILDLIFE & COUNTRYSIDE ACT 1981 – SECTION 53 APPLICATION TO ADD A PUBLIC FOOTPATH AT NETHERTOWN IN THE PARISH OF LOWSIDE QUARTER: DISTRICT OF COPELAND
1.0 EXECUTIVE SUMMARY
1.1 At its meeting on 17th November 2014 the Development Control and Regulation Committee (the Committee) declined to authorise the Assistant Director, Corporate Governance to make an Order to add a section of public footpath at Nethertown, in the Parish of Lowside Quarter to the County Council’s Definitive Map and Statement of Public Rights of Way. The plan at Appendix A shows the footpath that was declined and is now to be reconsidered to be added.
1.2 The Applicant appealed the Committee’s decision and the appeal has now been determined by the Secretary of State for the Environment, Food and Rural Affairs who has directed the County Council to make an Order adding a section of public footpath at Nethertown in the Parish of Lowside Quarter to the Council’s Definitive Map and Statement. A copy of the report is attached at Appendix B.
2.0 POLICY POSITION, BUDGETARY AND EQUALITY IMPLICATIONS, AND LINKS TO CORPORATE STRATEGY
2.1 The relevant corporate theme is “Provide a well maintained highway and transport network and maximise new investment”.
2.2 This matter is a decision making process of a quasi judicial nature. There should be no policy or political consideration given and any potential financial implications should be ignored. It is merely a matter of weighing the strength of evidence and if that evidence is sufficient to meet the burden of proof, then the legal framework must be applied to the evidence.
Page 13 3.0 RECOMMENDATION
3.1 It is recommended that an order be made under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a section of public footpath at Nethertown, in the parish of Lowside Quarter as shown A-B-C-D on the plan at Appendix A to the County Council’s Definitive Map and Statement of Public Rights of Way.
4.0 BACKGROUND
4.1 At the Committee meeting held on 17th November 2014 it was recommended to the Committee that an Order be made under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981. The effect of which, if confirmed, would have been to add a section of public footpath at Nethertown, in the parish of Lowside Quarter as shown A-B-C-D on the plan at Appendix A to the County Council’s Definitive Map Statement of Public Rights of Way and that the Assistant Director, Corporate Governance would have been authorised to take all necessary action to confirm the order.If objections were received after the order had been made, and no further evidence was brought forward in support of the claim which shows on the balance of probabilities that the claimed footpaths should have been added to the Definitive Map, it was recommended that the County Council should from then on take a neutral stance.
4.2 After discussing the merits of the application and hearing from the objector the Committee decided there was sufficient doubt regarding the evidence produced and resolved to refuse the application (Copy of Minute at Appendix C).
4.3 The Applicant appealed the Committee’s decision and the appeal was determined by the Secretary of State for Environment, Food and Rural Affairs. The Planning Inspector appointed by the Secretary of State considered the evidence which was submitted to the Committee together with additional evidence submitted to her by the Appellant at the start of the appeal process.
5.0 LEGAL POSITION
5.1 Planning Inspector Ms Alison Lea considered all of the evidence surrounding the claim to add a new footpath at this location.
5.2 The Inspector considered that there was sufficient evidence to justify the making of the Order and directed the County Council under Schedule 14 para 4(2) of the Countryside and Wildlife Act 1981 to make an Order under section 53(2) and Schedule 15 of the Countryside and Wildlife Act 1981 to modify its Definitive Map and Statement by adding the public footpath at Nethertown in the Parish of Lowside Quarter: District Copeland.
Page 14 5.3 Under Schedule 15 of the 1981 Act there is no time limit within which the County Council are required to make the Order.
5.4 Once the County Council has made the Order, objections and representations may be received within not less than 42 days from the date of the issue of the notice that the Order has been made. If objections are received, the Order must be referred to the Secretary of State. An Inspector will then be appointed to determine matters and decide whether the Order should be confirmed. If no objections are received, the County Council will be able to confirm the Order as unopposed.
6.0 OPTIONS
6.1 The Committee has no alternative other than to make the order.
6.2 If objections to the Order are received, the merits of the application together with the new additional evidence will be considered by an Inspector at a Public Inquiry or Hearing. The Inspector may or may not confirm the Order.
6.3 If a Public Inquiry or Hearing is held then the County Council can support the addition of the public right of way or it can take a neutral stance.
7.0 CONCLUSION
7.1 The Committee is required to make an Order to modify its Definitive Map and Statement by adding the public footpath at Nethertown as directed by the Secretary of State for the Environment, Food and Rural Affairs.
David Gibson Senior Countryside Access Officer Strategic Asset Management
June 2015
APPENDICES
A Plan showing proposed path to be added
B Copy of Report from Inspector appointed by the Secretary of State for Environment, Food and Rural Affairs
C Minute of the Development Control and Regulation Committee meeting held on 17 November 2014
Page 15 IMPLICATIONS
Staffing: Nil Financial: Nil Electoral Division: Gosforth – Norman Clarkson
PREVIOUS RELEVANT COUNCIL OR EXECUTIVE DECISIONS [including Local Committees]
Development Control and Regulation Committee 17 November 2014.
CONSIDERATION BY OVERVIEW AND SCRUTINY
Not considered by Overview and Scrutiny.
BACKGROUND PAPERS
No background papers
Contact: Sandra Pattinson, Countryside Mapping Officer - Tel: 07920711254 E-mail: [email protected]
Page 16 Page 17 APPENDIX A
Page 18
APPENDIX C APPENDIX B
Page 19 Page 20 Page 21 Page 22 Page 23 APPENDIX C
Minute of the Development Control and Regulation Committee meeting held on 17 November 2014:
Mr Sims, PROW Mapping Officer informed members that an application had been received to add a section of public footpath at Nethertown, in the parish of Lowside Quarter to the County Council’s Definitive Map and Statement of Rights of Way. The Chairman introduced Mr Mossop, objector to the application, who made the following points:-
1. The path was for the landowners sole use and a private road sign erected in the 1990’s was taken down deliberately to help the applicants case 2. The landowner blocked the route in 2006 but the owners of the caravan site and other home owners on the lane removed the barricade 3. If the route was designated as a public footpath, then it would be unlawful under Section 34 of the Road Traffic Act 1988 for the occupiers of the three dwellings at the end of the route to drive over it. This would also mean that postal deliveries by van to the properties would not be allowed 4. The overgrown path inside the boundary of Tivoli is for their use and the use of the neighbouring property only and the applicants claim of use of the path is pure fabrication of the facts, as there is nothing go to from the path, other than the properties mentioned 5. There are a set of narrow steps, five high next to my own property which disproves regular use by four horse-riders which was included in the first draft of the report but not in the report before you 6. The path at Briary Bank is overgrown and inaccessible from the steps 7. Six of the people who have claimed to have used the path over 20 years have not lived there long enough to claim such lengthy use 8. Paragraph 4.6 states that none of the 18 people who submitted user evidence forms had been given permission from the landowners to use the route.
Members discussed the merits of the application and after hearing from the objector believed there was sufficient doubt for refusal in this case. The Chairman asked members to vote on refusal of the application, following which it was.
RESOLVED, that the application to add a section of public footpath at Nethertown in the Parish of Lowside Quarter as shown A-B on the plan at Appendix A to the County Council’s Definitive Map and Statement of Public Rights of Way be REFUSED.
Page 24 Agenda Item 7
DEVELOPMENT CONTROL AND REGULATION COMMITTEE
Meeting date: 25 June 2015
From: Corporate Director – Environment and Community Services
COMMONS REGISTRATION:- APPLICATION FOR REGISTRATION OF LAND AT HINCASTER, MILNTHORPE AS A TOWN OR VILLAGE GREEN
1.0 EXECUTIVE SUMMARY
1.1 Cumbria County Council is the registration authority for town and village greens under the Commons Act 2006.
1.2 An application has been received from the Clerk to Hincaster Parish Council to register an area of land at Hincaster, Milnthorpe as a new town or village green.
1.3 The purpose of this report is to request Members to make a decision as to whether the land should be added to the Council’s register of town and village greens.
2.0 POLICY POSITION, BUDGETARY AND EQUALITY IMPLICATIONS, AND LINKS TO COUNCIL PLAN
2.1 The relevant corporate theme is the creation and protection of a high quality environment for all.
2.2 This matter is a decision-making process of a quasi-judicial nature. There should be no policy or political consideration given and any potential financial implication should be ignored.
3.0 RECOMMENDATION
3.1 It is recommended that the Committee accept the application and add the Land to its register of Town and Village Greens for the reasons contained within this report and on the specific ground that the statutory criteria contained at section 15(2) of the Commons Act 2006 have been established in relation to the application land.
Page 25 4.0 BACKGROUND
The Application:
4.1 On 16th April 2009 the Council, as registration authority for town and village greens, received an application (“the Application”) from the Clerk to Hincaster Parish Council, Mr Adam Pickthall (“the Applicant”), for the registration of an area of land at Hincaster referred to as “Hincaster Village Green” (hereafter called “the Application Land”) as a new town and village green under Section 15(2) of the Commons Act 2006 (“the 2006 Act”).
4.2 A copy of the Application and supporting documentation is attached to this report at Appendix 1.
4.3 The Application Land is a small triangle of land adjacent to two roads in the centre of Hincaster. A plan showing the Application Land outlined in red is attached to this report at Appendix 2.
4.4 Historically, a different piece of land at Hincaster was successfully registered by Hincaster Parish Council as a town or village green on 25th February 1970 under registration number VG69. A plan showing the area previously registered is attached to this report at Appendix 3 (hereafter called “VG69”).
4.5 An objection was made against the registration of VG69 under the Common Land Rectification of Registers Act 1989 in 1992. A hearing was held by the Commons Commissioner on 04 September 1992 to establish the facts and make a decision in relation to the land.
4.6 The objector’s case against the registration of VG69 was that the plan accompanying the application had been incorrect, and that the registered land had at all times been the garden of a dwelling house known as Mellon, The Green, Hincaster. The objector claimed that the actual village green lay to the South of Mellon and that the garden which lies to the North of Mellon was registered by mistake.
4.7 The Commons Commissioner subsequently removed VG69 from the town and village green register on 20th October 1992; a copy of the Commons Commissioners Decision 262/R/3 is attached to this report at Appendix 4.
4.8 The Applicant claims that the Application relates to the land which was originally intended to be registered by Hincaster Parish Council in 1970.
4.9 A Land Registry search confirms the Application Land is unregistered. A copy of the search is attached to this report at Appendix 5.
4.10 The Applicant submitted the following evidence in support of the Application:
34 user evidence forms
60 Signatures of support
3 Letters of support
Page 26 Photographs dating from 1995 – 2009
Newspaper Article from Westmorland Gazette dated 2000 detailing the burial of a millennium time capsule.
4.11 On 10 July 2014 the Application was deemed to have been duly made and was advertised in the Westmoreland Gazette and on the Hincaster Parish Notice Board. Notices were also placed on the Application Land in accordance with Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (“the 2007 Regulations”). A copy of the Notice is attached to this report at Appendix 6. Anyone wishing to object to the Application had until 22 August 2014 to do so in writing. No such objections were received.
4.12 The Commons Registration Officer (“the Officer”) carried out a site visit to the Application Land on 10 July 2014 and found the Application Land to be unfenced and freely accessible. A site report and photographs documenting the Officer’s site visit are attached to this report at Appendix 7.
The Law:
4.13 The 2006 Act governs town and village greens, Section 15 sets out the requirements which must be met if an application to add land to the town and village green register is to be successful.
4.14 The Application is made under Section 15 (1) of the 2006 Act which states:
“Any person may apply to the commons registration authority to register land as a town or village green if subsection 2… applies”
4.15 Section 15(2) provides that a town of village green has come into existence where:
“a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and
b) they continue to do so at the time of the application.”
4.16 The statutory conditions referred to in Section 15 (1) and (2) above can be broken down as follows:
i. The land must be clearly identified;
ii. A significant number of the inhabitants of any locality or any neighbourhood within a locality: The majority of those using the land must be inhabitants either of a particular locality or a particular neighbourhood within a locality, rather than the public at large;
iii. Have indulged as of right: The use of the land must be “as of right’ which is use without permission, secrecy or force.
Page 27 iv. In lawful sports and pastimes on the land: It must be shown it has been used for “lawful sports and pastimes”, which can include walking, with or without dogs, as the principal form of recreation, providing regular use for lawful sports and pastimes can be established over the whole of the site and not merely part of it;
v. For a period of at least 20 years: A minimum of 20 years use must be proved and frequently evidence is produced for a period stretching back over 20 years from the date of the application.
The application of the law to the facts and evidence of the Application:
4.17 The application complies with the formal requirements as to form and content contained in the Commons Act 2006 and 2007 Regulations.
4.18 The statutory criteria as set out above is considered in relation to the application as follows:
i. Land: The Application Land is clearly identified on the plan accompanying the Application.
ii. Locality: The Application defines the locality as the Parish of Hincaster (“the Parish”). The Applicant provided a map identifying the location of the Parish. The evidence the applicant relies upon is in the form of evidence questionnaires and signatures of support. These are all from inhabitants of past inhabitants of the Parish thus satisfying the criteria. The Courts have defined a ‘locality’ as being an area capable of being defined by reference to some division of the country known to the law, in this case the Parish is legally recognised as a locality. The Officer has considered the census of 2001, which shows the population the Parish to consist of 195 people. The Applicant has gathered 34 user evidence questionnaires and 60 signatures of support; the Officer considers this enough to satisfy the criteria that a “significant number” of the inhabitants have either used or support the use of the land as a town or village green.
iii. As of Right: There is no evidence that use has ever been with permission or that it is prohibited.. The Officer carried out a search of existing Rights of Way, no rights were revealed for the land. The Officer also made a site visit, and found the land to be open and freely accessible, with no restrictions to entry and no signage on the land restricting or giving permission to use the land. None of the evidence questionnaires supplied refer to any fencing, barriers to entry, or the presence of any signs. There is no registered owner of the land, thus no landowner to grant or refuse permission to use of the land. The Officer considers that the aforementioned evidence that the use satisfies the legal test that it has been without permission, the use of force, or secrecy and that the criteria of use “As of Right” is satisfied
iv. In lawful sports and pastimes on the land: The purposes for which the Application Land has been used, as evidenced by the
Page 28 documentation provided by the Applicant, can generally be summarised as informal recreational activities, team games, community activities and fetes. The use of the Application Land for lawful sports and pastimes is limited due to its size and position in the middle of two roads, the evidence suggests the main use of the Application Land is for village celebrations, walking, dog walking and children playing its small size would restrict the playing of sports and ball games. The Officer finds that, on the balance of probabilities, all of the Application Land has been used for lawful sports and pastimes and meets this aspect of the statutory criteria.
v. 20 years: The Applicant has provided evidence to claim that the Application Land has been used extensively by local people for a period exceeding 20 years and continues to do so. This is clearly shown in the 34 user evidence forms and 60 signatures of support which refer to the Application Land being used from the period 1953 through to 2014 a period of 61 years. The Officer therefore accepts the use of the Application Land to extend well beyond the statutory criteria of 20 years.
5.0 LEGAL IMPLICATIONS
5.1 The Council has a statutory duty to keep a register of town and village greens and to determine new town and village green applications under the 2006 Act. The Council’s Constitution at Part 6B (6) delegates this responsibility to the Development Control and Regulation Committee.
5.2 In considering this application, Members must consider all of the evidence available to them, and must be satisfied that the evidence shows that each aspect of the statutory conditions set out at Section 15 of the 2006 Act have been met. The burden of proof in this regard is firmly upon the applicant to provide the required evidence. The standard of proof to be applied is the usual civil standard “on the balance of probabilities”, i.e. it must be more likely than not.
5.3 The role of this Committee is to reach its own determination on the matters of fact and law arising as a result of the Application. It is for Members to determine the Application fairly, putting aside any considerations of the desirability of the Application Land being registered as a town or village green or being put to other use.
5.4 Although the findings of the Officer Recommendation for acceptance by the Committee, the Committee is not bound to follow them, providing that in reaching its decision it applies the correct legal principles and duly considers the evidence. Therefore members are free to accept or reject the Recommendation in the report. If the members reject the Officer findings and refuse to add the Application Land to the Council’s register of town and village greens the Committee should set out their reasons at the meeting.
5.5 There is no right of appeal against a Committee decision not to register Application Land as a village green. The route for any challenges would be via judicial review in the High Court, where the issue would be whether the
Page 29 Committee had misdirected itself in law in determining the Application. Should a judicial review application be successful, the Council would be obliged to re-determine the Application, a successful judicial review application would not of itself determine that the Application Land was a town or village green.
5.6 There are no further legal considerations; all other legal considerations, issues and implications have been addressed within the detail of the report.
6.0 OPTIONS
6.1 The Committee may accept or reject the Recommendation in whole or in part.
6.2 If the Recommendation is accepted the Application Land will be added to the Council’s register of town and village greens.
6.3 If the Recommendation is rejected the Application Land will not be added to the Councils register of town and village greens.
6.4 Members should note that the decision of the Committee in relation to an application to register a new town or village green is a legal decision and is not a matter of policy or discretion. If all of the conditions set out in section 15 (2) of the Commons Act 2006 are met, then the land is a town or village green and must be registered. If any one or more of the conditions is not met, the land is not a town or village green and the application may be refused.
7.0 CONCLUSION
7.1 The Officer is of the opinion that the Application has been validly made and that the evidence that has been produced to the Council substantiates that all of the conditions set out in section 15 (2) of the Commons Act 2006 have been established.
7.2 The Application has significant local support and no objections have been made to the Application.
7.3 The Application has been outstanding since 2009. The Officer consider it reasonable that this Committee resolve that the Application Land be registered as a new town or village green.
Alyssia Ashurst, Commons Registration Officer 09 June 2015
Page 30 APPENDICES
Appendix 1: Application and Supporting Evidence Appendix 2: Map showing the application land Appendix 3: Map showing the land registered as VG69 Appendix 4: Commons Commissioner Decision 262/R/3 Appendix 5: Land Registry Search Appendix 6: Notice of application by the CRA Appendix 7: Site Visit report
IMPLICATIONS
Staffing: None Financial: There would be cost implications in the event of an application for judicial review, however the Council is the registration authority and therefore has a statutory duty to decide applications. Property: None Electoral Division(s): Kendal South Human Rights: The Council as registration authority has to make a decision in accordance with the law and in particular with the provisions of the 2006 Act, given these legal criteria a decision must reflect the legislation despite any other rights of individuals.
PREVIOUS RELEVANT COUNCIL OR EXECUTIVE DECISIONS
No previous relevant decisions
CONSIDERATION BY OVERVIEW AND SCRUTINY
Not considered by Overview and Scrutiny
BACKGROUND PAPERS
The Commons Act 2006 The Commons Registration (Interim) (England) Regulations 2007 The Westmorland Gazette 10.07.2014 Parish Information from the 2001 Census (Cumbria County Council) CCC Search for Public Rights of Way
Contact: Alyssia Ashurst, 01228 221026, [email protected]
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DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 25 June 2015
From: Assistant Director - Environment & Regulatory Services
REPORTS ON APPLICATIONS FOR PLANNING PERMISSION NOTE: These are applications which are determined by the County Council after taking into account the views of consultees and relevant representations. Applications in this category are prescribed by legislation. Private applications principally relate to minerals and waste management activities and associated development. County applications are developments which are to be carried out by the County Council itself or jointly with any other person. - Case Officer Contact Details are provided in the Footnote at the end/rear of the Agenda. Authority Area/ Proposal Description / Date Item No / Ref. No. / Site Location / Received / Page Applicant (Case Officer) – Web-link Registered
Carlisle
Nil
Allerdale
Restoration scheme to return former colliery spoil area to 2/14/9017 agricultural land. Scheme includes re-profiling and reed beds. Ashcroft Plant Field 3771 North of, Pennygill Lane, Flimby, Maryport 26.11.14 Hire Ltd (JP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=41491
Erection of a two storey Portakabin building with internal staircase, a single storey Portakabin building and a covered 2/15/9003 walkway from the main school building to the Portakabin Cumbria buildings for a temporary period. 13.04.15 County Council Stainburn School & Science College, Stainburn Road, Workington, Cumbria, CA14 4EB (RB) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42271
Eden
Nil
Copeland
Extension to the existing silos direct encapsulation plant (SDP) by approximately 40m to the North and 80m West to East. 4/15/9005 Construction of new management centre annexe building, five Sellafield Ltd storey high modular building to support the SDP activities. 01.04.15 Sellafield Ltd, Sellafield, Seascale, Cumbria, CA20 1PG (JP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42211
South Lakeland
Nil
Barrow
Page 95 Provision of an extended hard-surfaced area to provide additional 6/15/9002 parking spaces. Cumbria County Dowdales School, Nelson Street, Dalton-in-Furness, Cumbria, 15.05.15 Council LA15 8AH (EP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42371
Page 96 Agenda Item 8a
DEVELOPMENT CONTROL AND REGULATION COMMITTEE 25 June 2015 A report by the Assistant Director of Environment & Regulatory Services ______
Application No: 2/14/9017 District: Allerdale
Applicant: Mr Chris Ashcroft Parish: Ashcroft Plant Hire Ltd Craika Farm Received: 14Maryport November 2014 Dearham
PROPOSAL Restoration scheme to return former colliery spoil area to agricultural land. Scheme includes reprofiling and reed beds. Field 3771, Eel Sike, Flimby, Maryport, Cumbria
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1.0 RECOMMENDATION
1.1 That planning permission is Granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.
2.0 THE PROPOSAL
2.1 The proposal is for the restoration of former land which was used for the deposit of colliery spoil. The application site area covers 8.23 ha. The scheme involves the capping of existing spoil deposits to enable the land to be returned to a productive agricultural use.
2.2 It is proposed that land levels would raise by 2 m (6 ft 6 ins). 2.3 The scheme involves the importation of up to 200,000 tonnes of material for the restoration of the site. The site would be worked in four phases : Phase 1 – 2.1 ha east of the site work consisting piping of existing open drain into Eel Sike, levelling of site, importation of material and raising by 3 m with a tapered batter at the boundaries, installation of drainage system, reinstatement of footpath.
Phase 2 – 2 ha south west of phase 1 work consisting of levelling of the site, importation of material and raising by 3 m with tapered batter at the boundaries, reinstatement of footpath.
Phase 3 – 2.13 ha south west of phase 2 work consisting of levelling of the site, importation of material and raising by 3 m graded to the north and west with tapered batter to site boundaries, installation of drainage system.
Phase 4 – 2 ha southern corner work consisting of levelling of the site, importation of material and raising by 3 m with tapered batter to site boundaries, installation of drainage system, reinstatement of footpath.
It is envisaged that the site would be completed in 8-10 years.
1.3 Access to the site would be from the A596 onto Risehow Industrial Estate. Vehicles would enter the industrial estate and travel to Thompsons Plant Hire yard where they would cross the yard area onto Pennygill Lane. Pennygill Lane is a mixed bridleway (244027) and footpath (244050) it provides a link between Flimby and Maryport.
1.4 It is proposed to operate the site between 7.00 a.m. and 6.00 p.m. Monday to Friday and 7.00 a.m. to 12.00 noon on Saturday with no working of Sunday and Public/Bank holidays.
3.0 CONSULTATIONS AND REPRESENTATIONS
3.1 Allerdale Borough Council Planning state no objection.
3.2 Environmental Health were consulted and no response had been received at the time of writing the briefing note.
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3.3 The Highway Authority state that the applicant should pay for the maintenance of Pennygill Lonning surface over the section that is to be used for both the access to the earthworks operation and must be maintained free of standing water mud and other debris, making good any damage that may occur to the Fothergill beck bridge and the footpath which runs around the site. With regards to the latter it appears from the original definitive maps this should actually run the other side of the south west site boundary, thus if that route is agreed and made passible it would not be affected by the development.
3.3 Environment Agency state no objection in principle to the need for restoration, it is imperative to ensure imported materials are inert and non-leachate forming to ensure protection of the quality of surface water. The objective for capping and improved drainage to minimise infiltration of water into the spoil is supported by the Environment Agency. Concerns for use of the following waste types :
The use of pulverised fly ash (PFA) at the site for nutrient addition needs to be substantiated. PFA has a high metal content and until there is evidence that it is non-leachate forming and agriculturally beneficial, it should not be accepted onto the site.
Dredging spoil is acceptable providing it is in a state suitable for use on site in terms of its moisture content. Confirmation of its geotechnical, radioactive and chemical nature is required. Solid waste from soil remediation should be non-leachate forming.
Confirmation for the design detail of the cap is required. Is the 300 mm clay cap shown in the reed land cross-section applicable to the whole site or just the reed land as the phasing plans do not show a 300 mm cap.
A water management document is require outlining the following :
a) Mitigation and preventative measures to prevent surface water pollution during the sites operational life b) Water sampling protocol during and post remediation (including frequency and parameter) c) Reed bed management and water control (drainage/flow control). There is no detail of water balance i.e. expected increased flow from the point discharge emanating from the pond and its impact on water levels and flooding (if any). Informative
Eel Sike is designated a ‘main river’. Therefore, under the terms of the Water Resources Act 1991 and Flood Defence Byelaws, the prior written consent of the Environment Agency is required for any work in, over, under or within 8 metre of the ‘main river’.
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3.4 Natural England state the site lies close to Maryport Harbour Site of Special Scientific Interest (SSSI) and we are satisfied the development carried out in strict accordance with the details submitted would not damage or destroy the features of SSSI. The development could benefit from some biodiversity enhancements. 3.5 Electricity North West state we have considered the planning application and find it could have an impact on our infrastructure. The development is shown to be adjacent to or affect Electricity North West operational land or electricity distribution assets. Where the development is adjacent to operational land the applicant must ensure that the development does not encroach over either the land or any ancillary rights of access or cable easements. If planning permission is granted the applicant should verify such details by contacting Electricity North West, Estates and Wayleaves, Frederick Road, Salford, Manchester M6 6QH. 3.6 Countryside Ranger states it is recommended to close the footpath (Right of Way No 244050) for a 18 month period while the work is on-going. This should be from the junction with the bridleway (southern end) to the stile on the northern boundary. No diversion around the field edge is required whilst work is in progress. This would allow the works to progress unhindered. Installation of new kissing gates at northern end of the PROW. Provide a stoned all weather surface a minimum of 2 metres in width to ensure the willow does not overgrow the path, at their discretion a fence both sides of the footpath no more than 1.2m in height and to be maintained by the applicant/landowner. If appropriate divert the PROW to the south-eastern edge of the site. 3.7 National Grid, United Utilities and Allerdale Ramblers Association were also consulted no response has been received at the time of writing this report. 3.8 Maryport Town Council state they fully support in principle the proposed restoration and agree with this being phased. However they have concerns with regards to : 1. Due to the reduction in the amount of top soil they request that a full detailed planting programme be requested to ensure the ground is brought back to a rough grounding status as the current plan of half a metre top soil would not sustain arable crop farm sustainability or large tree plantation; 2. Currently on site is a public right of way, in order to maintain this public right of way this would have to be established around the border of the site for continuity; 3. Check needs to be put in place for the run off for contamination purposes.
3.9 Local Member K Little has stated that he is content with this proposal, providing access is through the industrial estate whilst the construction and development work is continuing and continues through the operation of this site for biomass production. 3.10 No representations had been received when this report was prepared.
4.0 PLANNING ASSESSMENT
4.1 The proposal is for the reclamation of a former area which was previously
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used for the deposit of colliery spoil. The site area is 8.23 ha. The area was previously used for open cast coal working which took place during the 20th Century and produced around 500 tons of coal per day. The surrounding area has been successfully restored and is currently grazing land. The application site has been partially restored but not completed hence the reason for the need for this planning application.
4.2 It is proposed to raise the land levels by approximately 2 m across the site and to cap the existing colliery spoil which has been seeping discharge into Eel Sike due to the application site being inadequately semi-restored and not capped properly in the 1970/80’s.
Policy Context
4.3 The proposed development conforms to National Planning Policy Framework (March 2012) (NPPF), a number of policies support the proposed development; Paragraph 32 requires all development that generates significant amounts of traffic movements should be supported by a transport statement or transport assessment; Paragraph 34 generation of significant amounts of movements are located where the need to travel would be minimised; Paragraph 109 enhancement to the natural and local environment by protecting landscapes, geological conservation interest and soil, minimising impact on biodiversity and providing new gains where possible, preventing now or existing development from being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability and remediating and mitigated despoiled, degraded, derelict, contaminated and unstable land where appropriate; and Paragraph 120 preventing unacceptable risks from pollution and land instability.
4.4 The proposed scheme would see the application site developed into usable/working land where currently the land is not usable due to its poor restoration. The proposed works would see the site properly capped and restored preventing any risk of pollution from entering the existing watercourses. Enhancements are proposed to encourage users to the area by diverting the public footpath to the west of the site and providing a bird hide and seating area.
4.5 Cumbria Minerals and Waste Development Framework (CMWDF) Core Strategy (CS) and Development Control (DC) Policies (adopted April 2012) identifies a number of policies which support the proposed development : CS1 – Sustainable location and design; CS4 – Environmental assets; CS 8 – Provision for waste; DC1 – Traffic and transport; DC2 – General criteria; DC3 – Cumulative environmental impacts; DC4 – Criteria for waste management facilities; DC10 – Biodiversity and geodiversity; DC 12 – Landscape; DC 14 – The water environment and DC15 – Protection of soil resources.
4.6 The proposed development is supported by policies within the CMWDF as the site would reduce waste road miles by managing waste close to its source as this would be the only facility in West Cumbria; would protect and enhance the natural environment of the area by encouraging wildlife to the wetland area; improve the setting of the area which is currently restored agricultural fields
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which the application site is currently unrestored; the proposed site is close to the strategic road network easily accessible to the A596; improve access to the area by diverting the existing footpath and creating bird hides and seating to the pond area; would enhance the landscape which is currently agricultural fields with the poorly restored colliery spoil being prominent; and improve water quality to Eel Sike beck as currently there is surface water runoff from the colliery spoil due to its uncapped state the capping would reduce any potential of pollution run off.
4.7 Draft Cumbria Minerals and Waste Local Plan 2014 to 2029 (Regulation 18 Consultation) (February 2015) identifies policies which are relevant to the proposed development : SP1 – Presumption in favour of sustainable development; SP2 – provision for waste; SP3 – Waste capacity; SP14 – Environmental Assets; SP15 – Restoration and afteruse; DC 1 – Traffic and transport; DC2 – General criteria; DC3 – Noise; DC 5 – Dust; DC 6 – Cumulative environmental impacts; DC 16 – Biodiversity and geodiversity; DC 18 Landscape and visual impact; DC 20 – The water environment and DC 21 – Protection of soil resources. The Draft Cumbria Minerals and Waste Local Plan 2014 to 2029 (Regulation 18 Consultation) (February 2015) is currently in consultation stage and it therefore has little weight in the determination of this application.
4.8 Allerdale Local Plan (Part 1) Strategic and Development Managements Policies – July 2014 identifies policies which are relevant to the development : SP1 – Presumption in favour of sustainable development; S35 – Protecting and enhancing biodiversity and geodiversity; and S36 Air, water and soil quality. The proposed development would see the application site restored to an acceptable standard and provide an enhancement to the area as the diversion of the footpath around the western side of the site would incorporate a bird hide and seating to the wetland area.
4.9 Planning Practice Guidance (PPG) Paragraph 057 states “should existing waste sites be expanded/extended”. The Waste Planning Authority should not assume that because a particular area has hosted a waste facility that it is appropriate to add to or extend the life of the site. In this application, the site has been poorly restored and is in need of restoration to cap the site and bring this back into an acceptable afteruse.
4.10 The proposed development is supported by both National and Local Plan policies as the restoration would see the poorly restored colliery spoil area restored, capped, drained, improve the landscape and visual impact on the area and enhanced in accordance with the relevant policies highlighted above.
Phasing of the Development
4.11 The site is an extensively large site 8.23 ha (20.34 acres) and it is proposed to work the development in 4 phases to ensure that the site is not developed on an ad hoc basis. Due to the size and nature of the proposed works the applicant has been requested to phase the works to ensure that the whole site is not left in an unmade state and seen as an eyesore for a long period of
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time. Phasing the proposed development would see each phase completed prior to commencement of the next stage. This is also encouraged as Phase 1 of the development would be visible from Ewanrigg housing estate, Maryport (Buttermere Road).
4.12 The phasing and progressive restoration would be secured through an appropriately worded condition.
4.13 It is anticipated that the site would take between 8-10 years to completely restore (approximately 2-2 ½ years per phase). However this is subject to material being available to complete the site.
Highways and Transport
4.14 Access to the proposed site would be through Risehow Industrial Estate from the A596 (Workington to Thursby road). Risehow Industrial Estate is a mixed use industrial estate i.e. recycling establishments, repair garages, scaffolding business etc.
4.15 The access route from the A596 has been agreed with the applicant and Thompson Plant Hire which would allow vehicles to pass over the working yard of the Plant Hire business onto Pennygill Lonning which is a public right of way. The access route would prevent HGV’s from passing through the village of Flimby and along the full length of Pennygill Lonning (1.3 km).
4.16 It is proposed to restore the site on a phased basis over approximately 8-10 years. It is anticipated that around 240,000 tons of material would be required to restore the site. There would be around 12,000 additional vehicles movements over the life of the development, 1500 lorries per annum, 30 per week, 6 per day, 1 vehicle movement every 2 hours. These figures are for indicative purposes only as material is only available as and when construction schemes are undertaken in the area.
4.17 The Highway Authority has raised no objection to the increase in vehicle numbers on the A596 as this is the strategic road network for the area. The main concern is once vehicles leave Risehow Industrial Estate onto Pennygill Lonning as there is the potential for conflict with users of the Public Right of Way and HGVs. There would be a distance of 315 m from Thompson’s yard to the application site. Measures would need to be in place to ensure there is no conflict with users on the Public Right of Way and HGVs. It is therefore proposed that a condition is imposed which ensures that a banksman is available at times of deliveries and warning signage is temporarily displayed along the route warning users of the potential of HGV’s and a drivers manual for HGV drivers is available.
4.18 Concern is also raised over the degrading of the surface of Pennygill Lonning and Fothergill Beck bridge. It is proposed that a condition be imposed that a pre-commencement survey of Pennygill Lonning and Forthergill Beck bridge are undertaken and that any damage during the course of development shall be undertaken at the developers own expense.
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Right of Way
4.19 Pennygill Lonning is a mixed Bridleway and Public Right of Way. Bridleway No 244025 forms 90 m of the proposed access route and then changes to Public Footpath No 244050 for 200 m along the access route. Public Footpath No 244050 continues across the length of the site (roughly 450 m). The applicant is proposing to apply for a permanent diversion of the footpath around the site.
4.20 The proposed diversion would see a purposely made 2 m wide suitably surfaced footpath provided around the southern and western boundary of the site and provide a bird hide and seating to the wetland area. The proposed diversion would provide an enhancement to the existing route and encourage members of the public to use the new footpath.
Landscape and Visual Impact
4.21 The application site is classed as Landscape Character sub type 5a ridge and valley. The landscape rises gently to high wide ridges with long views. The landscape is dominated by improved farmed pasture. Fields are typically regular in shape and are medium to large in size.
4.22 The application site is surrounded by agricultural grazing fields. The application site is currently in an unusable state due to it being poorly restored when open cast coal working ceased in the 1950/60’s. The surrounding fields have been restored and are now usable agricultural grazing/crop fields. It is unclear why the application site has been left in this poor state of restoration.
4.23 The site is not visible from the A596 due to the orientation of the landscape. However the application site is visible from a number of footpaths and works would be visible temporarily from the nearby public footpaths.
4.24 The proposed restoration of the site would enhance the area as this is currently rough land which has evidence of coal remnants on the surface. The restoration of the application site would remove this unrestored surface and provide an enhanced surface more in keeping with the surrounding fields.
Flooding/Drainage
4.25 The application site is prone to surface water flooding 1 in 30 year and 1 in 200 year for rainfall. The proposed development would enhance and reduce the risk of flooding as a new drainage scheme would be included to prevent surface water runoff from the site.
4.26 The proposed reedbed system would also assist in enhancing the quality of the runoff water thereby minimising any risk of pollution.
4.27 Appropriately worded conditions would be implied to ensure that flooding and surface water discharge would be controlled during the course of development and on completion.
4.28 Maryport Town Council raise concern with regard the potential of flooding/run-
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off affecting Ryehill Road housing development. The planning application includes the installation of a new drainage system identifies run-off from the application site running in a north-west direction into a collector drain then into the new reedbed system. The application site would be located 1 km north east of the Ryehill Road housing development. Eel Sike currently drains/runs in a northerly direction (towards Grasslot, Maryport) away from Ryehill Road housing development. Thereby the proposed development would not impact on any future housing development on Ryehill Road.
Ecology
4.29 The planning application has been accompanied by a Phase 1 Habitat Survey which has surveyed the site for the impact of protected species, flora and fauna within the application site. The Phase 1 Habitat Survey identified the site as having generally a low nature conservation value some habitats in the proximity do have a local value which include open water and hedgerows. Of particular interest is the wetland area which comprises of open water, and inundation vegetation and wet scrub to the north of the wetland area.
4.30 The application site is in close proximity to Maryport Harbour Site of Special Scientific Interest (SSSI) located 1.2 km north of the application site. Natural England is satisfied that the proposed development would not impact on Maryport Harbour SSSI and subject to the proposed development being carried out in strict accordance with the details submitted as part of the planning application. The application site would not impact on any Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve.
4.31 Paragraph 118 of the NPPF states “Every public authority must, in exercising its functions, have regard so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”. The planning application proposes a number of enhancements which include the introduction of a bird hide and seating to the wetland area.
Noise and Dust
4.32 The nature of the proposed development does have the potential to generate noise and dust. There is a potential for users of the public footpaths in the area to be affected by the proposed development. However, due to the remote location of the site there would be no impact on the residential amenities of local residents as the nearest residential property is 450 m north east (Balankeil Forge). With regards to noise there is already background noise from users of the A596 (Workington to Thursby road), farm machinery and operational machinery on nearby industrial estates. The main source of noise would be the deposit of material and machinery levelling/disbursing the material across the site. Dust generation would be mainly during periods of dry weather whilst the deposit of the material on the planning application site wouldn’t have an impact on users of the footpaths, there would be an impact with regards to vehicles on Pennygill Lonning between the proposed access from Thompsons Yard to the application site. Dust suppression measure would need to be in place at periods of dry weather so as users of the
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footpath/bridleway are not affected by dust from vehicles on Pennygill Lonning.
Banksman
4.33 There is the potential of conflict between users (pedestrian/cyclists/horse riders) of the public footpath/bridleway and HGVs. A banksman would be required at times of delivery of material to the application site to ensure that there is no conflict between users and HGV’s. An appropriately worded condition would be imposed on the granting of any planning permission.
Need for proposed development
4.34 The proposed development is required to restore a former open cast coal mining site which has been poorly restored and has the potential to discharge pollution into the nearby watercourses. The proposed capping and restoration of the site would ensure that there is no potential of pollution into nearby watercourses.
Concerns of Maryport Town Council
4.35 Maryport Town Council have raised three concerns with regards to the proposed scheme. They raised concern with regards to the level of top soil being able to support any growth of grass/crops. The public right of way would be retained and secured during the course of development to ensure there would be no risk to user of the right of way during the course of development and containment of contamination. The capping of the site by the proposed development would alleviate any potential of contamination.
Human Rights Act 1998 4.36 The proposal will have a limited impact on the visual, residential and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.
Conclusion
4.37 The proposed development would see the application site capped, restored and returned to usable land. The site is currently at risk of potential pollution problems due to the poor quality of the restoration which has previously taken place. The proposed capping and restoration of the application site would alleviate further risk of pollution seepage from the site. The restoration of the site would complement neighbouring areas which have been restored and would finalise the restoration of the area.
4.38 The proposed development is supported by both National and Local Plan policies as the restoration would see the poorly restored colliery spoil area restored, capped, drained, improve the landscape and visual impact on the area and enhanced in accordance with the relevant policies and provide enhancements to the area by the introduction of the bird hide and seating
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area to the wetland area.
4.39 It is proposed that planning permission is granted subject to appropriately worded conditions being imposed to control the duration of the development, phasing, hours of operation, impacts on highways and transportation, marker boards, surface water and drainage, restoration and after care.
Angela Jones Assistant Director of Environment & Regulatory Services
Contact Mrs Jayne Petersen, Kendal, Tel: 01539 713549,; Email: [email protected] Background Papers Planning Application File Reference No. 2/14/9017 Electoral Division Identification Maryport South
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Appendix 1 Ref No. 2/14/9017 Development Control and Regulation Committee – 25 June 2015
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010
Summary of Reasons for Grant of Planning Permission
1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national planning policy guidance and the relevant development plan policies.
2 The key development plan policies taken into account by the County Council before granting permission were as follows:
CUMBRIA MINERALS AND WASTE DEVELOPMENT FRAMEWORK [CMWDF] CORE STRATEGY (CS) AND DEVELOPMENT CONTROL (DC) POLICIES
Policy CS1 – Sustainable location and design
Proposals for minerals and waste management developments should demonstrate that :-
- Energy management, environmental performance and carbon reduction have been determining design factors. - Their location will minimise, as far as practicable, the “mineral or waste road miles” involved in supplying the minerals or managing the wastes unless other environmental/sustainability and, for minerals, geological considerations override this aim. - All proposed waste management development with gross floor space of over 1000 square metres gain at least 10% of energy supply, annually or over the design life of the development, from decentralised and renewable or low carbon energy supplies. Any exceptions to this should demonstrate that this would not be feasible or viable for the specific development and that the development would form part of an integrated process for reducing greenhouse gas emissions or for carbon offsetting measures. - Where appropriate the restoration proposals have a role in helping to combat climate change. - Mineral working proposals should demonstrate a life cycle (“cradle to grave”) analysis of product and process carbon emissions. - Construction of buildings minimises waste production and use of primary aggregates and makes best use of products made from recycled/reused materials.
Work will be undertaken, in conjunction with stakeholders to develop life cycle analysis criteria that are relevant for minerals developments.
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Policy CS 4 – Environmental assets
Minerals and waste management developments should aim to :
- Protect, maintain and enhance overall quality of life and the natural, historic and other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places. - Improve the settings of the features - Improve the linkages between them and buffer zones around them, where this is appropriate - Realise the opportunities for expanding and increasing environmental resources, including adapting and mitigating for climate change.
Environmental assets not protected by national or European legislation
Planning permission will not be granted for development that would have an unacceptable impact on these environmental assets, on its own or in combination with other developments, unless :-
- It is demonstrated that there is an overriding need for the development, and - That it cannot be reasonably be located on any alternative site that would result in less or no harm, and then - That the effects can be adequately mitigated, or if not, - That the effects can be adequately and realistically compensated for through offsetting actions.
All proposals would also be expected to demonstrate that they include reasonable measures to secure the opportunities that the present for enhancing Cumbria’s environmental assets.
Guidance on implementing parts of this policy will be provided by the Landscape Character and Highway Design Guidance Documents and by the Cumbria Biodiversity Evidence Base.
Policy CS 8 – Provision for waste
Provision will be made for the management of all of Cumbria’s waste within the County, with the acceptance of limited cross boundary movements (net self-sufficiency). Any proposals to manage significant volumes of wastes from outside the county would have to demonstrate that the local, social and economic benefits outweigh other sustainability criteria. These other criteria include the impacts of the additional “waste miles” and the principles of managing waste as close as possible to its source, with each community taking responsibility for its own wastes and taking account of the nearest appropriate facility. Any proposals would have to demonstrate that their environmental impacts are acceptable.
Policy DC1 – Traffic and transport
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Proposals for minerals and waste development should be located where they : a. Are well related to the strategic route network as defined in the Local Transport Plan, and/or b. Have potential for rail or sea transport and sustainable travel to work, and c. Are located to minimise operational “mineral and waste road miles”.
Mineral developments that are not located as above may be permitted if :
- They do not have unacceptable impacts on highway safety and fabric, the convenience of other road users and on community amenity, - Where an appropriate standard of access and traffic routing can be provided and - Appropriate mitigation measures for unavoidable impacts are provided.
Policy DC2 – General criteria
Minerals and waste proposals must, where appropriate demonstrate that : a. Noise levels, blast vibration and air over-pressure levels would be within acceptable limits, b. There will be no significant degradation of air quality (from dust and emissions), c. Public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made, d. Carbon emissions from buildings, plant and transport have been minimised, e. Issues of ground stability have been addressed.
Considerations will include :
- The proximity of sensitive receptors, including impacts on surrounding land uses, and protected species, - How residual and/or mineral wastes will be managed - The extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening, - The use of appropriate and well maintained and managed equipment, - Phasing and duration of working, - Progressive restoration, - Hours of operation, - Appropriate routes and volumes of traffic, and - Other mitigation measures.
Policy DC3 – Cumulative environmental impacts
Cumulative impacts on minerals and waste development proposals will be assessed in the light of other land uses in the area. Considerations will include :
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a. Impacts on local communities b. All environmental aspects including habitats and species, landscape character, cultural heritage, air quality, ground and surface water resources and quality, agricultural resources and flood risk, c. The impact of processing and other plant, d. The type size and numbers of vehicles generated from site preparation to final restoration and potential impacts on the highway network, safety and environment, e. Impacts on the wide economy and regeneration f. Impacts on local amenity, community health and recreation facilities and opportunities.
Policy DC4 – Criteria for waste management facilities
Waste management facilities that accord with Core Strategy Policies 2, 8 and 9 and which do not have adverse environmental impacts, will be permitted if they conform to the locational and other criteria below.
…
h. Proposals for recycling facilities for construction and demolition waste, mineral and other wastes will be permitted at active quarries and landfill site, and on suitable industrial estates. Proposals for facilities for periods longer than the active life of a quarry or landfill will require to be justified as sustainable development.
Policy DC 10 – Biodiversity and geodiversity
Proposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets, as defined in the Core Strategy will be required to identify their likely impacts on and also their potential to enhance, restore or add to these resources, and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets and to functional ecological and green infrastructure networks.
Proposals for developments within or affecting the features or settings of such resources, should demonstrate that :
a. The need for and benefits of the development the reasons for locating the development in its proposed location and that alternatives have been considered. b. Appropriate measures to mitigate and adverse effects (direct, indirect or cumulative) have been identified and secures and advantage has been taken of opportunities to incorporate beneficial biodiversity and geological conservation features or c. Where adverse impacts cannot be avoided or mitigated for that appropriate compensatory measures have been identified and secured, and
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d. That all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within Cumbria.
Policy DC 12 – Landscape
Proposals for development should be compatible with the distinctive characteristics and features of Cumbria’s landscapes and should :
a. Avoid significant adverse impacts on the natural and historic landscape, b. Use Landscape Character Assessment to assess the capacity of landscapes to accept development to inform the appropriate scale and character of such development, and guide restoration where development is permitted, c. in appropriate cases use the Guidelines for Landscape and Visual Impact Assessment to assess and integrate these issues into the development process, d. ensure that development proposed consider the effects on : locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness, remoteness and tranquillity, e. ensure high quality design of modern waste facilities to minimise their impact on the landscape or views from sensitive areas, and to contribute to the built environment, f. direct minerals and waste development to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views from and the setting of Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks.
Policy DC 14 – The water environment
Planning permission will only be granted for developments that would have no unacceptable quantitative or qualitative adverse effects on the water environment, including surface water and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured.
Policy DC15 – Protection of soil resources
Proposals for minerals and waste development will be required to demonstrate that :
a. soil resources are protected and maintained in viable condition to be used in restoration of the site, or b. where developments are permanent and restoration is not envisaged, that soil resources are used effectively on undeveloped areas of the site, or used appropriately on other suitable sites.
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Draft Cumbria Minerals and Waste Local Plan 2014 to 2029 (Regulation 18 Consultation) (February 2015)
Policy SP1 – Presumption in favour of sustainable development
When considering development proposals, the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants to find solutions that mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area.
Planning applications that accord with the policies in this Local Plan (and where relevant, with policies in Neighbourhood Plans) will be approved without delay, unless material considerations indicate otherwise.
Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision, then the Council will grant permission unless material considerations indicate otherwise – taking into account whether :
- Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or - Specific policies in that framework indicate that development should be restricted.
Policy SP2 – Provision for waste
Provision will be made for the management of all of Cumbria’s wastes within the County, with the acceptance of limited cross boundary movements (net self-sufficiency). This will be achieved by allocating sufficient sites to meet objectively identified needs for additional facilities.
Any proposals to manage significant volumes of wastes from outside the county would have to demonstrate that the local, social and economic benefits outweigh other sustainability criteria.
These criteria include the impacts of the additional “waste miles” and the principles of managing waste as close as possible to its source, with each community taking responsibility for its own wastes and taking account of the nearest appropriate facility.
Policy SP3 – Waste Capacity
Waste Management Facilities : In order to provide an integrated network and to meet any waste capacity gaps that are predicted to aspire during the Plan period, the Plan identifies :
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- 8 sites of between 2 and 4 ha for additional waste recycling and treatment facilities (these could provide for commercial and industrial waste or municipal waste); - Broad areas where any of a number of site may be suitable for waste management; - Alternative sites for those Household Waste Recycling Centres (HWRC) that are required to be replaced.
Preference will be given to sites that contribute to an integrated network of waste facilities by accommodating several types of facility, or by being well located in relation to the sources, or to the destination of, the waste stream being managed.
Proposals on unallocated sites, where opportunities arise that were not anticipated, will be considered it they conform to the other policies in this Plan and would meet an identified need in a timely manner.
The need for provision for construction and demolition, or excavation waste arising from major infrastructure projects will be kept under review and proposals considered against relevant policies in this plan.
Policy SP14 – Environmental Assets
Minerals and waste management developments, including restoration and afteruse, should aim to :
- Protect, maintain and enhance people’s overall quality of life and the natural, historic and other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places; - Improve the settings of these features; - Improve the linkages between these features and buffer zones around them, where this is appropriate; - Realise the opportunities for expanding and increasing environmental resources, including adapting and mitigating for climate change; - Help to secure a ‘step-change’ increase in biodiversity resources by protecting, enhancing, expanding and linking areas of wildlife within and between the locations of the highest biodiversity resources and encouraging the conservation and expansion of the ecological fabric elsewhere; - Help to create new green infrastructure, and to conserve and manage where it is existing, and enhance its functionality, quality, connectivity and accessibility.
There are national policies for areas and features that are identified to be of international or national importance, as set out below.
Environmental assets not protected by national or European legislation
Where not otherwise protected by national or Eurpoean legislation, great weight will be given to conserving habitats of principle importance, ancient
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woodlands and veteran trees outside of ancient woodlands. In accordance with NPPF Paragraph 118, planning permission will be refused for development resulting in the loss or deterioration of such irreplaceable habitats unless the need for, and benefits or, the development in that location clearly outweigh the loss.
Planning permission will not be granted for development that would have an unacceptable impact on the environmental assets, on its own or in combination with other developments, unless it is demonstrated that :-
- There is an overriding need for the development, and - It cannot reasonably be located on any alternative site that would result in less or no harm, and then, - The effects can be adequately mitigated, or if not, - The effects can be adequately and realistically compensated for through offsetting actions.
All proposals would also be expected to demonstrate that they include reasonable measures to secure the opportunities that they present for enhancing Cumbria’s environmental assets.
Information on environmental assets and guidance on implementing parts of this policy are provided by the Landscape Character Toolkit, the Guide to using the Cumbria Historic Landscape Character database, the Cumbria Biodiversity Evidence Base and the Cumbria Historic Environment Record.
Policy SP15 – Restoration and afteruse
Restoration, afteruse and aftercare schemes for minerals and waste management sites should demonstrate that best practicable measures have been taken to secure full advantage of their potential to help deliver the sustainability objectives of this Plan. This should include consideration of the potential for biodiversity and landscape enhancement, flood risk mitigation and water quality, maintaining agricultural land quality, ameliorating contaminated land and securing land stability.
Policy DC1 – Traffic and transport
Proposals for minerals and waste developments should be located where they :
a. Are well related to the strategic route network as defined in the Cumbria Local Transport Plan, and/or b. Have potential for rail or waterborne transport and sustainable travel to work, and c. Are located to minimise operational “mineral and waste road miles”.
Minerals developments that are not located as above may be permitted:
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- If they do not have unacceptable impacts on highway safety and fabric, the convenience of other road users, and on community amenity; - Where an appropriate standard of access and traffic routing is provided.
Policy DC 2 – General Criteria
Minerals and waste proposals must, where appropriate, demonstrate that : a. Assessments have been carried out, the relevant scope of which have been agreed in advance with the planning authority, and proposals have been designed to address, where relevant, impacts on the natural and historic environment or human health; b. The cumulative effects of multiple impacts from individual sites and/or a number of sites in the locality have been taken into account; c. Public rights of way or concessionary paths are not adversely affected or if this is not possible, either temporary or permanent alternative provision is made; d. The overall carbon footprint of the development has been minimised; e. Issues of ground stability have been addressed including top and quarry slope stability, mining subsidence and differential settlement of backfill.
Considerations will include :
- The proximity of sensitive receptors, including impacts on surrounding land uses, and protected habitats and species; - How residual and/or mineral wastes will be managed; - The extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening; - The use of appropriate and well maintained and managed equipment; - Phasing and duration of working; - Progressive restoration; - Hours of operation; - Appropriate routes and volumes of traffic; and - Other mitigation measures.
Policy DC3 – Noise
Noise attributable to minerals and waste developments should not exceed background noise levels, Laeq 1 hour (free field) by more than 10dB(A) at noise sensitive properties, subject to :
- Weekday daytime (0700 to 1900 hours) maximum of 55dB(A) Laeq 1 hour (free field) - Saturday daytime (0700 to 1300 hours) maximum of 55dB(A) Laeq 1 hour (free field) - Evening (1900 to 2200 hours) maximum of 55dB(A) Laeq 1 hour (free field) - Night time (2200 to 0700 hours) maximum of 42dB(A) Laeq 1 hour (free field)
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Sunday, public/bank holiday and night time working near to noise sensitive properties should be avoided where practicable. Developments that are required to operate at these times should provide extensive noise mitigation measures, and when operational, shall proactively seek to minimise noise throughout the life of the development, based on the findings of comprehensive environmental noise monitoring.
It is recognised that some temporary activities, including soil stripping, construction and removal of soil storage and baffle mounds, aspects of road construction and maintenance, often bring longer-term environmental benefits. For such activities, increased temporary weekday daytime noise level limits should not exceed 70 dB(A) Laeq 1 hour (free field) for periods up to eight weeks in a year at specified noise sensitive properties. Operators will be expected to make every effort to deliver temporary works at a lower level of noise impact.
Where tonal noise and/or peak and impulsive noise would contribute significantly to total noise, separate limits will be required independent of the background noise levels and may include Lmax in specified octave or third octave banks, and will not be allowed to occur regularly at night.
Policy DC5 – Dust
Applications for new minerals and waste development, and for the expansion of existing operations, will only be permitted where the applicant can provide evidence that the proposed development will not have a demonstrable impact on amenity, human health, air quality and the natural and historic environment, with regards to dust emissions.
Applications for developments must be accompanied by a dust assessment study. The scope of the study should be agreed with the Local Planning Authority, but the study must : identify sensitive receptors/locations; identify the existing baseline conditions at the application site and the sensitive receptors; identify site activities that could lead to dust emission; identify site parameters which may increase potential amenity impacts from dust; and recommend mitigation measures and site design modifications. The study should also include details how the dust levels arising from the development would be monitored during the operation of the site and how complaints relating to dust emissions will be managed.
Applicants must first seek to remove dust emissions at their source. If this is not possible, then the emissions must be controlled. Should neither option be possible, mitigation measures must then be implemented. Planning applications should clearly set out what measures to minimise the potential effects of dust from development sites on sensitive receptors/locations are proposed.
If the development is expected to produce fine particles (PM10 dust), additional measures may need to be put in place if the actual source of emission is within 1,000 m of any residential property or other sensitive
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receptor/location (this distance may be revised due to local circumstances).
All laden heavy good vehicles entering/leaving a site should be sheeted to avoid dust being emitted from the lorry load when transporting loose materials.
Policy DC6 – Cumulative environmental impacts
Cumulative impacts of minerals and waste development proposals will be assessed in the light of other land uses in the area. Considerations will include :
a. Impacts on local communities; b. All environmental aspects including habitats and species, visual impact, landscape character, cultural heritage, noise, air quality, ground and surface water resources and quality, agricultural resources and flood risk; c. The impacts of processing and other plant; d. The type, size and numbers of vehicles generated, from site preparation to final restoration and their potential impacts on the transport network, safety and the environment; e. Impacts on the wider economy and regeneration; f. Impacts on local amenity, community health and areas of formal and informal recreation.
Policy DC16 – Biodiversity and geodiversity
Proposals for minerals and waste developments, including ones for the renewal of existing planning permissions will be required to identify :
- Their likely impacts on important biodiversity and geological conservation assets, as defined in the Strategic Policies and on functional ecological and green infrastructure networks, and - Their potential to enhance, restore or add to these resources, and - To contribute to national and local biodiversity and geodiversity objectives and targets.
Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that : a. The need for, and benefits of the development and the reasons for locating the development in its proposed location and alternative, have been considered b. Appropriate measures to mitigate any adverse effects (direct or indirect and cumulative) have been identified and secured and advantage has been take of opportunities to incorporate beneficial biodiversity and geological conservation features; or c. Where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured; and d. That all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria.
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Policy DC18 – Landscape and visual impact
Proposals for development should be compatible with the distinctive characteristics and features of Cumbria’s landscapes and should :
a. Avoid significant impacts on the natural and historic landscape; b. Use landscape character assessment to assess the capacity of landscapes to accept development, to inform the appropriate scale and character of such development, and guide restoration where development is permitted; c. In appropriate cases, use the Guidelines for Landscape and Visual Impact Assessment to assess and integrate these issues into the development process; d. Ensure that development proposals avoid adverse visual impacts and consider the effects on : locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness and remoteness; e. Ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute to the built environment; f. Direct minerals and waste developments to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impact on the principle local characteristics of the landscape including views from and the setting of Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks.
Policy DC20 – The water environment
Proposals for developments should demonstrate that they would have no unacceptable quantitative or qualitative adverse impacts on the water environment, both within the site and its surroundings, including surface waters, coastal waters and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured.
Policy DC21 – Protection of soil resources
Proposals for minerals and waste development will be required to demonstrate that :
a. The long term potential of Best and Most Versatile agricultural land will be safeguarded; b. Soil resources are conserved and maintained in viable condition to be used in restoration of the site; or c. Where developments are permanent and restoration is not envisaged, the soil resources are used effectively on undeveloped areas of the site, or used appropriately on other suitable sites.
Allerdale Local Plan (Part 1) Strategic and Development Management
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Policies – July 2014
Policy S1 – Presumption in Favour of Sustainable Development
When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area.
Planning applications that accord with the policies in this plan (and, where relevant, with policies in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise.
Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise – taking into account whether :
a) Any adverse impact of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole: Or b) Specific policies in that Framework indicate that development should be restricted.
Policy S35 – Protecting and Enhancing Biodiversity and Geodiversity
Conditions for biodiversity will be maintained and improved and important geodiversity assets will be protected. Nationally and internationally protected sites and species will be afforded the highways level of protection. A high priority is also given to the protection of locally identified biodiversity or ecologically valuable assets. The Council will seek positive improvements to the quality of the natural environment through sustainable development resulting in new gains for biodiversity across the Plan Area.
Development, projects and activities will be expected to :
a) Protect and enhance key ecological habitats and wildlife corridors and stepping stones including watercourses and wetlands; b) Maintain and where appropriate enhance, conditions for priority habitats and species identified in the Cumbria and UK Biodiversity Action Plan Priority Species and habitats or the Cumbria Biodiversity Data Centre at Tullie House; c) Maintain and where appropriate enhance recognised geodiversity assets identified in the Local Geodiversity Action Plan for Cumbria; d) Protect soil and water resources in line with Policy S36; e) Contribute to Allerdale’s green infrastructure network in line with Policy S24;
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f) Protect existing trees, hedgerows and woodland (including ancient trees and hedgerows) that are considered important to the local community, contribute positively to the character of the area and/or are of the nature conservation value. Development that present significant economic or social benefits for the local community may be permitted where the Council, in consultation with relevant partner organisations are satisfied that any necessary impacts can be mitigated or compensated through appropriate habitat creation, restoration or enhancement on site or elsewhere secured via planning conditions, agreements of obligations. Where a development poses significant harm to an irreplaceable habitat which cannot be mitigated or compensated for, permission will be refused.
Policy S 36 – Air, Water and Soil Quality
The quality of air and water resources within the Plan Area will be protected and opportunities for enhancement will be pursued.
Unless adequate mitigation measures can be secured, development proposals will be resisted that would have a demonstrable direct and/or indirect adverse impact on;
a. Air quality and/or atmospheric conditions; b. The characteristics of surrounding soils and substrata – through either physical (compaction, erosion) or chemical (pollution, contamination); c. The chemical composition and quality of waterbodies in the Plan Area; d. The Water Framework Directive and the status of the watercourse.
Whilst having regard for the economic and other benefits of the best and most versatile land, where development is considered necessary, the Council will seek to ensure the use of poorer quality land in preference to that of a higher quality.
National Planning Policy Framework (NPPF) (2012)
Paragraph 32 : All development that generates significant amounts of movements should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether :
- The opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; - Safe and suitable access to the site can be achieved for all people; and - Improvements can be undertaken within the transport network that coast effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.
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Paragraph 34 : Plan and decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. However this needs to take account of policies set out elsewhere in this Framework, particularly in rural areas.
Paragraph 109 : The planning system should contribute to and enhance the natural and local environment by :
- Protecting and enhancing valued landscapes, geological conservation interests and soils; - Recognising the wider benefits of ecosystem services; - Minimising impact on biodiversity and providing new gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; - Preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and - Remediating and mitigated despoiled, degraded, derelict, contaminated and unstable land, where appropriate.
Paragraph 118 : When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles :
- If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or as a last resort, compensated for, then planning permission should be refused; - Proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made - Where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make if of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest; - Development proposals where the primary objective is to conserve or enhance biodiversity should be permitted; - Opportunities to incorporate biodiversity in and around developments should be encouraged; - Planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and
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- The following wildlife sites should be given the same protection as Eurpoean sites; ~ potential Special Protection Areas and possible Special Areas of Conservation; ~ listed or proposed Ramsar sites, and ~ sites identified or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.
Paragraph 120 : To prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the nature environment or general amenity and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development resisted.
Planning Practice Guidance (PPG)
Paragraph 057 – Should existing waste facilities be expanded/extended?
The waste planning authority should not assume that because a particular area has hosted, or hosts, waste facilities, that it is appropriate to add to these or extend their life. It is important to consider the cumulative effect of previous waste disposal facilities on a community’s wellbeing. Impact on environmental quality, social cohesion and inclusion and economic potential may all be relevant. Engagement with the local communities affected by previous waste disposal decisions will help in these considerations.
3 The National Planning Policy Framework (March 2012) is also a material consideration, and has been taken into account in this report with reference to:
Paragraph 14 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.
4 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.
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Appendix 2 Ref No. 2/14/9017 Development Control and Regulation Committee – 25 June 2015
Proposed Conditions
Time Limit for Implementation of Permission
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason : To comply with Section 91 of the Town and Country Planning Act 1990.
2. Within one month of commencement of the operations hereby permitted, the date of commencement shall be notified to and acknowledged in writing by the Local Planning Authority. The permitted operations shall have ceased and site fully restored within 10 years from the date of commencement.
Reason : The Local Planning Authority considers that the restricted time limit specified, having regard to Section 51 of the Planning & Compulsory Purchase Act 2004, is applicable in this instance.
Approved Documents 3. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Application Form – dated 6 October 2014 b. Design and Access Statement – undated c. Waste Recovery Plan - undated d. Landscape and Visual Impact Assessment – Ref : Eel Sike doc A3 e. Biomass Planting Scheme – Ref : Eel Site doc A7 f. Eel Sike Flood Risk – Ref : Eel Site doc A8 g. Eel Sike Preliminary Investigation Results – dated 28 February 2013 h. Extended Phase 1 Habitats Survey and Amphibian Habitats Suitability Index (HIS) Assessment i. Transport Assessment – Ref : Eel Sike A1 j. Plans numbered: i) Eel Sike drain design ii) Surface water drainage plan iii) Location plan iv) Sections existing and proposed – Drawing No 15.12.S. A, B, C v) Sections existing and proposed – Drawing No 15.12.S. D, E, F vi) Section plan vii) Site Marker Board for level control – Drawing No E3 viii) Phasing plan k. The details or schemes approved in relation to conditions attached to this permission. l. This Decision Notice
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Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.
Phasing Operation
4. The development shall be carried out strictly in accordance with the phasing plan and supporting statement. Each phase shall be clearly marked out to ensure the site is developed in accordance with the approved scheme. Development shall not commence in phase 2 until phase 1 has been completed, phase 3 shall not be commenced until phase 2 has been completed and phase 4 shall not be commenced until phase 3 has been completed.
Reason: To ensure the development is being carried out in accordance with the approved plans.
Hours of Operation
5. No operations shall be carried out on the site outside the following times : 07.00 to 18.00 hours Monday to Friday; 07.00 to 12.00 hours on Saturdays. No operations shall take place on Sundays, Bank or Public Holidays.
Reason : To ensure that no operations hereby permitted take place outside normal working hours, which would lead to an unacceptable impact upon the amenity of the area, in accordance with CMWDF Generic Development Control Policy DC 2.
Highways and Transport
6. Prior to the commencement of development details of measures to ensure that vehicles do not give rise to the deposit of mud, dust or other debris on the Pennygill Lonning shall be submitted to the Local Planning Authority for approval.
When approved the measures shall be implemented in full prior to any waste material being brought to the site and maintained in operation for the duration of this permission.
Reason: In the interests of highway safety.
7. All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with the manufacturer’s recommendations so as to minimize the level of noise generated by their operation.
Reason: To safeguard the amenity of local residents by ensuring that the noise is minimised and so does not constitute a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria Minerals and Waste Framework Generic Development Control Policies.
8. Prior to commencement of development a structural and photographic survey shall be carried out along Pennygill Lonning and the culvert to Fothergill Beck bridge and a further survey shall be carried out on the completion of the works.
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Any damage caused during the course of operations shall be repaired at the operators expense in agreement with the Highway Authority and landowner.
Reason : In the interest of highway safety.
9. Prior to the commencement of development a traffic management scheme shall be submitted to and approved by the Local Planning Authority. This must include measures for the protection of the highway verges; construction traffic signage along Pennygill Lonning; drivers manual; communication between HGV drivers on the lane; and banksman.
When approved the scheme shall be implemented in full.
Reason: In order to protect the safety of vehicular, animal and pedestrian traffic along the highway.
Marker Boards
10. Prior to the commencement in each phase site level markers (profile boards) to show the final levels shall be installed (with a maximum of 15 metre spacing) and maintained for the duration of operations.
Reason: To ensure the development is being carried out in accordance with the approved plans.
Surface Water and Drainage
11. Prior to the commencement of development details of all measures will be undertaken to prevent surface water run off from the development discharging onto the highway and adjoining land shall be submitted to the Local Planning Authority for approval. When approved works shall be implemented in full.
Reason: In the interests of highway safety and environmental management.
12 Throughout the period of construction, operation and restoration, provision shall be made for the collection, treatment and disposal of all surface water entering or arising from the development site to ensure there shall be no pollution of watercourses or adverse impacts on the wildlife habitats of the various water bodies within, or adjacent to, the application site.
Reason: To avoid pollution of watercourses and to protect wildlife habitats in accordance with Policy DC 10 of the Cumbria Minerals and Waste Framework Generic Development Control Policies.
13. Throughout the period of working and restoration the operator shall protect and support any ditch, stream, watercourse or culvert passing through the permission area and shall not impair the flow or render less effective drainage onto and from land adjoining.
Reason: To prevent pollution of the water environment.
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Topographical Survey
14. Upon completion of the operations, but prior to the spreading of soils on each phase, a topographic survey shall be undertaken to demonstrate compliance with the approved levels. This survey shall be submitted to the Local Planning Authority within two weeks of completion. Any material recorded above the approved ground level shall be removed from the site.
Reason : To ensure that the development is carried out in accordance with the approved plans.
Restoration and Aftercare
15. Prior to the commencement of development a detailed scheme for the restoration and drainage of the site shall be submitted for approval by the Local Planning Authority. The scheme shall include details of phasing, storage of soils, soil handling techniques, drainage works, and method of seeding; fencing and other protective measures. When approved the scheme shall be implemented in full.
Reason: To secure the proper restoration of the site to agricultural and nature conservation use and its subsequent aftercare, in accordance with Policy DC16 of Cumbria Minerals and Waste Development Framework Generic Development Control Policies.
16. On completion of infilling, but prior to the spreading of soils, a topographic survey shall be undertaken to demonstrate compliance with the approved levels. This survey shall be submitted to the Local Planning Authority within 2 weeks of completion of each phase. Any material recorded above the approved ground level shall be removed from the site.
Reason: To ensure the development is being carried out in accordance with the approved plans.
Informative
Eel Sike is designated a ‘main river’. Therefore, under the terms of the Water Resources Act 1991 and Flood Defence Byelaws, the prior written consent of the Environment Agency is required for any work in, over, under or within 8 metre of the ‘main river’.
The applicant be advised to apply under Section 257 of the Town and Country Planning Act 1990 for the diversion of Public Footpath
Page 127 This page is intentionally left blank Agenda Item 8b
DEVELOPMENT CONTROL AND REGULATION COMMITTEE 25 June 2015 A report by the Assistant Director of Environment & Regulatory Services ______
Application No: 2/15/9003 District: Allerdale Borough Council
Applicants: Cumbria County Council Parish: Workington Town Council Parkhouse Building Carlisle Received: 22 April 2015
PROPOSAL: Erection of a two storey Portakabin building with internal staircase, a single storey Portakabin building and a covered walkway from the main school building to the Portakabin buildings for a temporary period Stainburn School & Science College, Stainburn Road, Workington ______
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1.0 RECOMMENDATION
1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.
2.0 THE PROPOSALS
2.1 Temporary portacabins are proposed to provide additional accommodation from September 2015 when the new Workington Academy will be created by the amalgamation of two schools, Southfield Technology School and Stainburn School and Science College, which are both located in Workington.
2.2 The Academy will be located on the Stainburn School site and the existing school buildings will be retained. The proposed portacabins would provide additional teaching space in the form of 6 classrooms, incorporating a 6th form area, store areas and WCs.
2.3 The portacabins would be arranged in a two storey block and a single storey block. A covered walkway is proposed from the main school building to the proposed temporary classrooms. The proposed portacabins would have an overall floor space of 517 sq m and would be sited on an existing hard standing play area on the school site at the front of the school building adjacent to the main entrance. The portacabins would have an external Yellow (Honesty) colour scheme and the two storey element would be 7.024 metres high.
2.4 The portacabins would be required for approximately two years until the proposed new school building (which is the subject of a separate planning application - planning application ref. no. 2/15/9004) has been constructed to the rear of the existing school buildings. Subject to planning permission being granted for the proposed new school, all the pupils and staff would transfer into the new building; the portacabins would be removed from site and existing school buildings (with the exception of the sports hall, which it is proposed would be retained) would be demolished.
2.5 The purpose of the proposed portacabins would be to provide more flexible accommodation to house the increased number of pupils that would arise from September 2015, following the amalgamation of the two schools. The current net capacity of Stainburn School in terms of pupil numbers is 890. According to the applicant, however, the maximum capacity the school could accommodate is 966 pupils. There has, however been a falling role over a number of years and there are currently 627pupils at the Stainburn School. From September there will be a total of 949 pupils at Stainburn School (including those moving from Southfield and new intake). This is projected to fall in September 2016 to 871 and again in September 2017 to 827, as a result of pupils going to the University Technical College at Lillyhall.
3.0 CONSULTATIONS AND REPRESENTATIONS
3.1 Allerdale Borough Council has no objections in principle. 3.2 Workington Town Council has no objections.
3.3 Highways England had requested information regarding how the portacabins would be moved and advised that if they are to be classed as abnormal loads the applicants would need to contact Highways England’s abnormal load specialists to advise on how best to transport the portacabins on the Strategic Road Page 130
Network. This information has been provided by the applicant and Highways England is now content that this matter has been addressed.
3.4 The Highway Authority has requested that adequate car parking provision should be made either elsewhere on the site or off site for the duration of the proposed temporary period, as the proposed redevelopment of the site to form the new school building is expected to be taking place concurrently. This is to ensure adequate levels of parking (or use of other modes of transport) by staff who will be working on the Stainburn School site from September 2015.
3.5 Sport England does not wish to comment.
3.6 United Utilities has no objections.
3.7 The Local Member for St John’s and Great Clifton, Mr J Holliday, has been notified.
3.8 No letters of representation have been received.
4.0 PLANNING ASSESSMENT
4.1 The portacabins would be for a temporary period and it is proposed that these would be removed from the site following the completion of the proposed new Academy building. (This planning application – planning application ref. no. 2/15/9004 - will be reported to and considered at a future meeting of the Development Control and Regulation Committee). There is some urgency for the portacabins to be erected prior to the start of the new academic year in September 2015. Members are therefore being asked to consider this application prior to the determination of the proposed new build. This application will therefore need to be considered on its own merits irrespective of the determination of the new build proposal.
Policy Context
4.2 There are several policies in the NPPF that are of relevance to these proposals, however, Paragraph 72 of the NPPF is of particular relevance in considering the principle of the development. It states that:
‘The Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement, and to development that will widen choice in education.’ It further states that local planning authorities should ‘…give great weight to the need to create, expand or alter schools…’ 4.3 A number of polices contained in the Allerdale Local Plan (Part 1): Strategic and Development Management Policies (July 2014) are also of relevance. Allerdale Local Plan’s Policy S2 (Sustainable Development Principles) states that the Local Plan will promote sustainable development as a core principle running through the plan, and that all development will be assessed against this policy. In terms of the economy, it states that the Council will support the delivery of school facilities, training programmes and lifelong learning through providing opportunities and the provision of up to date facilities. In addition, Policy S15 (Education and Skills) states that the Local Plan has an important role in raising the quality of life of the current and future population within Allerdale, and that raising educational attainment together with diversifying and increasing the skill Page 131
base will help the area become a more attractive one to invest, locate and grow business. It states further that the development of education and skills will be promoted through working with partners to proactively plan for the provision of schools in the right location and of sufficient size for future population requirements.
4.4 The proposal is to site the temporary portacabins within the existing school curtilage adjacent to the main entrance on an existing hardstanding play area. As such, the proposed location lies within what was defined in the Allerdale Local Plan (November 1999) as the ‘development limit’ for Workington. This policy aimed to encourage new housing development within these defined limits. This policy has been superseded by Policy S5 (Development Principles) in the Allerdale Local Plan (Part 1) (July 2014), which states that new development will be concentrated within the physical limits of the main centres. Policy S5, however, refers to physical limits which have yet to be defined. Defining these will be one of the principle roles of the emerging Allerdale Local Plan (Part 2), which is currently at the Issues and Option stage of the development plan making process and so can be afforded very little weight in the decision making process. Nevertheless, this document shows a ‘settlement limit’ with a similar boundary to the 1999 document. It has to be concluded, therefore, that there is no policy contained in the development plan that conflicts with the principle of establishing temporary portacabins on this existing school site.
Car Parking
4.5 A key issue arising from the proposal to site portacabins on a part of the site for a temporary two year period is the adequacy of on-site car parking provision from the start of the academic year and during the proposed two year construction period for the proposed new build. From September 2015, there will be an increase in the number of staff working at the school. There are currently 99 full time equivalent staff employed at the site. This will increase to 114 full time equivalent staff from the start of the academic year. Both these figures include teaching and support staff. Current parking provision at the site amounts to 58 spaces and the Interim Travel Plan (submitted with the proposed new build application – planning ref. no. 2/15/9004) indicates that 95% of staff will use private vehicles to get to school. A condition is therefore recommended to require that prior to the portacabins being occupied, additional parking is provided either within the school site or off site.
4.6 The applicant is also proposing 10 cycle hoops for securing bicycles to be provided at the front of the school adjacent to the portacabins. The purpose of this is to encourage cycling during the interim construction period.
Policy S22 (Transport Principles) of the Allerdale Local Plan (Part 1) requires new development to, amongst other things, provide adequate levels of car parking and cycle facilities and actively seek to improve travel choice and reduce the need to travel using private motor vehicles. It is considered that the aforementioned proposed condition would secure the level of car parking that would be required to provide for the increase in staff numbers, and the proposal to include cycling facilities would go some way towards starting to encourage cycling as a mode of travel to the school. Planning conditions are also recommended to require the development of the Interim Travel Plan (submitted with planning application 2/15/9004) into a full Travel Plan within three months of the Academy opening to encourage modal shift away from use of private cars to Page 132
transport pupils to alternatives which would have a lesser impact on the Strategic Road Network. It is therefore considered that this proposal is in accordance with Policy S22.
Other considerations
4.7 The creation of the new Academy on the Stainburn School site does not in itself require planning permission. Even with the additional pupil numbers from September 2015 the school will not have reached its current maximum capacity. The capacity of a school is based on how many pupils can be accommodated in a classroom, regardless of subject matter. In practical terms, however, so many types of classrooms are needed to teach a balanced curriculum. The applicant has explained that a curriculum analysis was carried out and it was identified that the school will be short of three general purpose classrooms and one IT room as well as a sixth form area, hence the need for the portacabins. The portacabins would therefore provide the flexibility that is required to teach a balanced curriculum and meet the curriculum standards. As such, this proposal meets the policy objectives of the NPPF and Policies S2 and S15 of the Allerdale Local Plan (Part 1).
4.8 In terms of the potential impacts upon adjacent land uses and residential amenity, as the portacabins would be sited on a hardstanding play area within the existing building footprint, it is considered that it would have limited impacts upon the amenity of adjacent residential properties on the north west boundary of the school complex. The closest of these would be Stanbeck Residential Home, at approximately 46 metres away, well in excess of any privacy distances that could be applied in this case. It is therefore considered that the proposal is compliant with Policy S32 (Safeguarding Amenity) of the Allerdale Local Plan (Part 1) as it would not have an unacceptable effect on residential or visual amenity.
4.9 It is also considered that the proposed temporary portacabins would have minimal impacts upon the heritage assets in the area. The portacabins would be 260 metres, a considerable distance, from the Portland Square Conservation Area containing several listed buildings to the west. Being within the existing school complex, there would be minimal impacts upon Grade I Listed Workington Hall (430 metres to the north west of the school) and limited impacts upon the Registered Historic Park and Garden, which wraps around the school to the north and west and immediately to the south and east of the school. It is therefore considered that the proposals comply with Policy S27 (Heritage Assets) of the Allerdale Local Plan (Part 1) as there would be negligible impacts upon the heritage assets in the locality.
Human Rights Act 1998 4.10 The proposal will have a limited and temporary impact on the visual and residential amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.
Conclusion
4.11 There are no objections to this application; the proposals would comply with development plan policy, and the temporary classrooms would enable the new Page 133
Academy to meet the curriculum standards at the start of the new academic year in September 2015. It is therefore recommended that planning permission is granted for a temporary period subject to conditions.
Angela Jones Assistant Director of Environment & Regulatory Services
Contact Rachel Brophy, Kendal, Tel: 01539 713413; Email: [email protected] Background Papers Planning Application File Reference No. 2/15/9003 Electoral Division Identification St John's & Great Clifton ED - Mr JS Holliday
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Appendix 1 Ref No. 2/15/9003 Development Control and Regulation Committee - 25 June 2015
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010
Summary of Reasons for Grant of Planning Permission
1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national planning policy guidance and the relevant development plan policies.
2 The key development plan policies taken into account by the County Council before granting permission were as follows:
Allerdale Local Plan (Part 1): Strategic and Development Management Policies (Adopted July 2014)
Policy S2 Sustainable Development Principles The Local Plan will promote sustainable development as a core principle running through the entire plan. All development within the Plan Area, regardless of scale or nature, will be assessed against this policy.
Economic The Council will: Promote the economic opportunities from the West Cumbria Economic Blueprint including key projects identified in the implementation plan; Allocate land and premises of the right quality, scale and location to meet the needs of both new opportunities and the expansion of existing businesses; Support the rural economy by encouraging appropriate new economic opportunities, expanding business, new methods of working, together with traditional industries and farm diversification; Promote Workington’s role as West Cumbria’s principal retail and leisure destination; Enhance town centre vitality and viability by improving the retail, commercial, cultural and leisure offer and quality of the built environment; Support the delivery of high quality tourism attractions and accommodation as well as key projects; Support the delivery of school facilities, training programmes and lifelong learning through providing opportunities and the provision of up to date facilities, in particular, supporting the role of the Energy Coast Campus; Encourage the development of renewable or low carbon energy resources in appropriate locations given the potential wider environmental, community and economic benefits; Improve communications within the area as well as nationally and internationally, both in terms of digital connections, transport infrastructure and services……
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Policy S5 Development Principles New development will be concentrated within the physical limits of Principal, Key and Local Service Centres, Limited Growth Villages and appropriate development adjacent to Infill / Rounding Off Villages as identified within the settlement hierarchy. The scale of the development proposed will be expected to be commensurate to the size of the settlement and reflect its position within the hierarchy. Where available and if appropriate the Council will encourage and prioritise the effective reuse of previously used land and buildings or vacant and underused land.
For settlements within the hierarchy, proposals, including conversions, will be acceptable provided that the proposed development is in conformity with all policies set out within the Local Plan and: a) The development is of a scale and design which will not detract from the character of the settlement; b) The development includes acceptable arrangements for car parking and access; c) The capacity of local infrastructure and/or environmental assets would not be exceeded by the proposed development; d) The site of the proposed development is not considered to have significant amenity value; e) The site is not considered to make a significant contribution to the character of the settlement in its undeveloped state; f) The development will not incur any significant harmful effects on environmental or heritage assets, habitats or wildlife, which cannot be successfully mitigated.
As well as fulfilling the above criteria, development within / adjacent Infill/Rounding Off Villages will:
(i) Be of a scale that is sympathetic to the role of the settlement and respect its appearance and physical capacity; (ii) Be within or well related to the form of the settlement and to existing buildings within the settlement; (iii) Protect, maintain or enhance the local distinctiveness, character and landscape and historic setting of the settlement, and
Development within Infill/Rounding Off Villages must not:
Result in the loss of important historic, green infrastructure or natural features which provide valuable local amenity; Exacerbate the adverse effects of ribbon development Result in further adverse effects of areas of sporadic development in otherwise open countryside Result in settlements joining together.
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Policy S15 Education and Skills The Local Plan has an important role in raising the quality of life of the current and future population within Allerdale. Raising educational attainment together with diversifying and increasing the skill base will help the area become a more attractive area to invest, locate and grow business.
The Council will work with partners to support and encourage development that contributes towards raising the level of education, skills, opportunities and innovation. Development of education and skills will be promoted through: a) Supporting the development of higher and further educational facilities; such as the continued development of the Energy Coast Campus; b) Proactive planning policies to support the Energy Coast Innovation Zone and the integration of innovation and research and development together with skills, education and training; c) Encouraging new skills development and commercial opportunities with further education partners in support of economic objectives while capitalising on current resources; d) Enhancing enterprise and training and skills for the local workforce by working in partnership with education facilities and employers to promote lifelong learning and skills development; e) Working with partners to proactively plan for the provision of schools in the right location and of sufficient size for future population requirements.
Policy S22 Transport Principles New development should be located in areas which help to reduce journey times and have safe and convenient access to public transport, open space, Key and Local Service Centres and utilities. Where possible, new development should actively seek to improve travel choice and reduce the need to travel using private motor vehicles.
Exceptions to this policy will be considered for suitable development in rural areas that meets the requirements of other local plan policies and can demonstrate that provisions for sustainable access have been incorporated into the development. The Council will support rural transport schemes and shall work with partners to enhance services whenever possible.
All new development in the Plan Area will: a) Be required to improve accessibility and movement in the local area reflecting the Local Transport Plan; b) Ensure they can be accessed safely and that they do not compromise the safety of any transport route, including railway lines and level crossings; c) Ensure they can access all major traffic attractors (employment, retail, schools and leisure) in a reliable time; d) Encourage attractive and well-connected street networks that, where necessary, make provision for heavy goods vehicles;
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e) Make provision for pedestrians and cyclists to be given the highest priority within town centres and new development, and facilitate links with public transport nodes and hubs; f) Where necessary be accompanied by Transport Assessments/Travel Plans in accordance with local and national guidance; g) Protect and, where appropriate, enhance or create new designated public rights of way; h) Be required to ensure the accessibility requirements of vulnerable people are taken into account; i) Be required to protect, enhance and capitalise upon sustainable transport links offered by green infrastructure corridors wherever possible; j) Be required to provide adequate levels of car parking, cycle facilities, and where appropriate incorporate charging points for electric and hybrid vehicles.
Policy S27 Heritage Assets The historic environment including all heritage assets and their settings will be conserved and enhanced in a manner appropriate to their intrinsic historic value and significance, their importance to local character, distinctiveness and sense of place, and to other social, cultural economic or environmental benefits/values.
The Council will work with partners to seek the conservation and enhancement of all designated or non-designated heritage assets within the Plan Area.
In determining applications that could affect the significance (including character, appearance, historic value, value to people and setting) of a heritage asset and/or archaeological asset, the following factors will be taken into account:
The level of significance of the heritage asset(s). The impact of the proposal on the significance (including setting) of the heritage asset(s). How the significance and/or setting of the asset could be better revealed. Opportunities for mitigating climate change without damaging significance.
Only proposals which do not harm any positive qualities of the heritage asset(s) will be approved, unless there is a clear and convincing public benefit to the proposal that will outweigh the harm caused to the asset(s). If the public benefits of a proposal outweighs and justifies the loss of a heritage asset, it must be fully recorded in accordance with agreed criteria which will be proportionate to the value and significance of the heritage asset.
Where there is evidence of deliberate or conscious damage to, or neglect of, a heritage asset, the Council will take action that may involve prosecution, serving an Urgent Works or Repairs Notice to prevent further decay or adding
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the building to the National Buildings at Risk Register.
Schemes which help ensure a sustainable future for Allerdale’s heritage assets, especially those identified at being at risk of loss or decay will be supported.
Policy S32 Safeguarding Amenity Support will be given for proposals which make a positive contribution to the area by maintaining or improving the quality of the environment and amenity.
The development of new housing or other environmentally sensitive development will normally be resisted in locations where there is potential to incur statutory nuisance or poor standards of residential amenity by virtue of impacts such as air pollution, noise, smell, dust, vibration, light or other pollution.
Proposals will not be supported where they would:
a. Result in pollution or hazards which prejudice the health and safety of communities and their environments, including nature conservation interests and the water environment which cannot be overcome by appropriate mitigation measures; b. Result in a detrimental effect on the local area in terms of visual amenity, distinctive character or environmental quality; c. Generate severe highway infrastructure or network problems in relation to access, road safety, traffic flow or car parking; d. Have an unacceptable effect on residential amenity and surrounding land uses in terms of loss of privacy as a result of overlooking, or increased sense of enclosure as a result of overbearing development or a loss of sunlight/daylight received by the property as a result of overshadowing; e. Cause significant adverse environmental impact in relation to landscape, biodiversity or geodiversity, cause pollution to the water environment or cause deterioration of the Water Framework Directive Classification Status; f. Unduly prejudice the satisfactory development or operation of adjoining land and/or the development of the surrounding area as a whole.
3 The National Planning Policy Framework (March 2012) is also a material consideration, and has been taken into account in this report with reference to:
Paragraph 14 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.
4 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the
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development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.
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Appendix 2 Ref No. 2/15/9003 Development Control and Regulation Committee - 25 June 2015
Proposed Conditions
Time Limits 1. The development hereby permitted shall be for a temporary period only, expiring on 31 August 2017. By the end of this period the use hereby permitted shall have cease and all buildings and structures hereby permitted shall have been removed from the site. Reason: To ensure removal of the building and associated structures following the temporary period of this permission, in the interests of amenity, in accordance with Policy S32 of the Allerdale Local Plan (Part 1).
Approved Documents 2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Application Form – dated 13 April 2015; b. The Design and Access Statement by Portakabin; c. The Plan showing the Location Plan and Block Plan, numbered TSNG2200117407, dated 31 March 2015; d. The Proposed Layout Plan, numbered HD/7530/02; e. The details or schemes approved in relation to conditions attached to this permission, and f. This Decision Notice. Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.
Car Parking Provision 3. No development shall take place until a scheme for sufficient car parking provision has been submitted to and approved in writing by the Local Planning Authority. The scheme shall fully justify the number of car parking spaces proposed. These spaces may be within the school site, at a different location, or a mix of the two. Once approved, the scheme shall be implemented in full and prior to the occupation of the portacabins. This provision shall remain available for the duration of this permission. Reason: To ensure adequate levels of car parking provision, in accordance with Policy S22 of the Allerdale Local Plan (Part 1).
Travel Plan 4. Within three months of the Academy opening, the operator shall develop the Interim Travel Plan (submitted as part of planning application 2/15/9004) to a Full Travel Plan, so this achieves modal shift away from the use of private cars
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to transport pupils, to transport modes that have a lesser impact on the Strategic Road Network. This must include measures to be adopted to reassess the ‘modes of travel’; identify safe journey routes/modes; and set Targets to be used as benchmarks during the first and subsequent review in the following academic year. The Full Travel Plan shall be submitted to the Local Planning Authority for their approval. Any measures identified by the Local Planning Authority as being required, shall be implemented within the following 12 months. Reason: To aid in the delivery of sustainable transport objectives, in accordance with Policies S2 and S22 of the Allerdale Local Plan (Part 1).
Page 142 Agenda Item 8c
DEVELOPMENT CONTROL AND REGULATION COMMITTEE 25 June 2015 A report by the Assistant Director of Environment & Regulatory Services ______
Application No: 4/15/9005 District: Copeland
Applicant: Mr Paul Foster Parish: Ponsonby Sellafield Ltd Seascale Received: 1 AprilSeascale 2015
PROPOSAL Extension to the existing silos direct encapsulation plant (SDP) by approximately 40m to the North and 80m West to East. Construction of new management centre annexe building, five storey high modular building to support the SDP activities. Sellafield Works, Seascale, Cumbria, CA20 1DW
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1.0 RECOMMENDATION
1.1 That planning permission is Granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.
2.0 THE PROPOSAL
2.1 The proposal involves an extension to the Silos Direct encapsulation Plant (SDP) and a detached Management Centre with link bridge to the main SDP building. The proposed extension would measure approximately (irregular shape) 40 m x 80 m x 25.3 m; the management centre annex would be an ‘L’ shaped building approximately 30 m x 30 m x 19 m.
2.2 The proposed buildings would be constructed of steel cladding panel system to match the existing building. The colour would be light grey with a dark blue band, doors would be dark grey.
2.3 The proposed extension would be on the northern and eastern elevations of the existing SDP building and this would be enclosed by existing taller buildings. The proposed Management Centre would be a detached building to the south west of the SDP building and the Management Centre would be linked to the SDP building by an enclosed link bridge at 5th floor level.
2.4 The building would operate on a 24 hour basis.
2.5 The proposed development would include 22 car parking spaces. Additional parking facilities are available within the Sellafield complex or Yottenfews Car Park to the east of the Sellafield Site.
2.6 The building currently provides employment for 200 people and with the proposed extension the capacity would be increased to 400 employees on a 24 hour shift pattern.
3.0 CONSULTATIONS AND REPRESENTATIONS
3.1 Copeland Borough Council - no response had been received at the time of writing this report.
3.2 Highway Authority state that a condition be imposed that a Construction Management Plan/Programme and a travel plan be submitted.
3.3 Environment Agency state no objection, whilst Waste Management Plans (SWMPs) are no longer a legal requirement for construction projects we would still advocate that as part of good practice, Sellafield Ltd voluntarily produce a SWMP for this proposal.
3.4 Office of Nuclear Regulation state no objection.
3.5 Natural England state no objection.
3.6 Ponsonby Parish Council state no objection.
3.7 The local Member Gosforth ED - Mr N Clarkson has been notified.
3.8 No representations had been received when this report was prepared.
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4.0 PLANNING ASSESSMENT
Background
4.1 The proposal is to extend the existing SDP building. The building was originally designed primarily for the treatment of waste using a dry pack process to size reduce all oversized waste. However the changes resulting from improved knowledge of waste feeds and technical challenges have led to the project being put on hold post construction.
4.2 The project development has identified a direct encapsulation process design which re-uses the existing building and the required extension to incorporate the new process equipment and additional access locations.
4.3 The building extensions comprise of two new annex extensions on east and northern elevations of the original SDP building and a new Management Centre. The east annex would be built along the east side of the original SDP process building and will incorporate new Grout Preparation Plant, an Effluent Treatment Plant and associated Maintenance Area.
4.4 The Northern annex extension would extend the original SDP process building to the north and would accommodate additional plant and operational equipment, including crane maintenance area. The new Management Centre Annex building would be of modular construction providing additional facilities for Plant activities.
Policy
4.5 The proposed development is assessed against national and local plan policies.
4.6 The proposal conforms with National Planning Policy Framework (March 2012) (NPPF) and a number of policies support the proposed development. Paragraph 18 commits the securing of economic growth in order to create jobs and prosperity, building on the country’s inherent strengths; Paragraph 19 commits the planning system to do everything it can to support sustainable growth. Planning should encourage and not act as an impediment to sustainable growth; Paragraph 20 Planning Authorities should plan proactively to meet the development needs of business and support an economy fit for the 21st century; Paragraph 56 great importance is attached to the design of the built environment and Paragraph 96 expects new developments to comply with Local Plan Policies taking into account landform, layout, building orientation, massing and landscaping.
4.7 The proposed development will contribute to the economic and sustainable growth of the site and creates job opportunities and contributes to the future development of Sellafield. The design of the building is in keeping with the existing site and would not impact outside of the Sellafield complex due to other buildings being of a much larger scale.
4.8 Cumbria Minerals and Waste Development Framework Core Strategy and Development Control Policies 2009 identifies policies CS 10 : High and intermediate level radioactive wastes storage; DC1 : Traffic and transport and DC 2 : General criteria. The proposed development is located within the existing nuclear facility. There would be some increase in transport movements during the course of construction however these would be a temporary increase. The proposed developemtn complies with the criteria within the policies identified Page 146
above, is located on the active Sellafield site and is required to be compliant with national and international standards. The Sellafield site has good links with the strategic road network for the delivery of materials during construction and the proposed development would not impact on the amenities of local residents with regards to noise, dust, etc as the application site is located within the existing infrastructure of Sellafield..
4.9 Copeland Local Plan 2013-2028 – Core Strategy and Development Management Policies DPD identifies policies DM1 : Nuclear related development and DM5 : Nuclear Sector Development at Sellafield and the LLWR at Drigg. The proposed development is located within the existing nuclear site and is essential to the continued working of the Sellafield site and would not impact on amenities outside the Sellafield complex.
4.10 The proposed north and east extension and the Management Centre are essential to the working of the SDP building. The proposed scheme is supported by Policies both nationally and locally and should be encouraged to ensure the smooth running of the overall Sellafield Site.
Landscape and Visual Impact
4.11 The proposed development is located to the northern and eastern elevations of the existing SDP building. The existing building is located close to existing buildings of a much larger scale. The proposed extensions and Management Centre would not be visible outside of the Sellafield Site. The Sellafield complex has an extensive screen bund to protect views from outside the site.
Highways
4.12 The proposed development has good transport links to the strategic road network. Access is from the A595 (Trunk Road) on to the private access road at Black Beck which links the Sellafield complex to the strategic road network. The Highway Authority has raised no objection to the proposed development. However, concern has been raised with regards to the impact of increased numbers in employment as it is proposed the building which currently employs 200 people would be increased to 400 people. Regarding the increase in employee numbers this would be a significant increase however the additional staff are already working within the Sellafield Complex (relocated from existing facilities within the Sellafield Complex) and therefore there would be no increase in the number of new employees visiting/accessing the site externally.
4.13 The building would operate on a 24 hour shift pattern thereby the number of employees over the working day would be split over three shifts. There is currently a system in place on site where the types of vehicles entering the site depend on the number of occupants in the vehicle (cars carrying solely the driver are not allowed to enter the Sellafield complex, cars with multiple occupants are allowed to enter the Sellafield complex). The parking facilities for the site are on Yottenfews car park which is north of the application site and a bus service is available to transport staff from the car park to the Sellafield complex. Other modes of transport to the site are by rail, motor cycle or cycling.
4.14 The Highway Authority has requested that a Travel Plan be provided for the overall Sellafield site. Whilst it is considered that there is a need for an up-to- date travel plan to be provided, on this occasion it would be unreasonable to request a travel plan as part of this application as there would be no net increase Page 147
in employees travelling to the site, the application states that there is merely a relocation of employees within existing parts of the Sellafield site.
Design, Scale and Massing
4.15 The design and appearance of the proposed extensions and Management Centre would replicate the existing buildings which are of industrial nature. The materials would match the existing SDP Building.
4.16 With regards to the scale and massing of the extensions and the Management Centre whilst the dimensions of the buildings are substantial in terms of the overall scale of the existing buildings within the Sellafield complex these are relatively small scale buildings in the overall context of the complex. The proposed development would not be visible from outside the Sellafield complex due to the existing buildings/infrastructure of Sellafield.
Flood Risk/Surface Water Flooding
4.17 The proposed development is not located within any flood risk area. There is some risk of surface water flooding (1:200 year) in the immediate area.
4.18 The proposed development would not have an impact on flooding or surface water flooding within the site.
Biodiversity
4.19 The Sellafield Complex is not within any protected sites such as Site of Special Scientific Interest, RAMSAR or Special Area of Conservation (SAC). The nearest protected sites are Low Church Moss SSSI 1.2 km north and Drigg Coast SAC 2.6 km south of the application site. The proposed development would not impact on these protected sites.
4.20 There is the potential for ground nesting birds within the Sellafield Complex, it is therefore proposed that a condition is included in the granting of any planning permission that ground nesting birds are protected during construction works.
Human Rights Act 1998 4.21 The proposal will have a limited impact on the visual , residential amenities and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.
Conclusion
4.22 The proposed extension and new Management Centre would complement and enhance the existing facility. There would be no landscape or visual impact and the siting, scale and massing of the proposal would not impact outside of the Sellafield site.
4.23 The proposed scheme is supported by policy and should be encouraged to ensure the smooth running of the overall Sellafield Site.
4.24 It is recommended that planning permission is granted subject to appropriately worded conditions being imposed with regards to the potential to contamination Page 148
being found on site, construction management plan, site waste management plan and ground nesting birds.
Angela Jones Assistant Director of Environment & Regulatory Services
Contact Mrs Jayne Petersen, Kendal, Tel: 01539 713549,; Email: [email protected] Background Papers Planning Application File Reference No. 4/15/9005 Electoral Division Identification Gosforth ED - Mr N Clarkson
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Appendix 1 Ref No. 4/15/9005 Development Control and Regulation Committee - 25 June 2015
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010
Summary of Reasons for Grant of Planning Permission
1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national planning policy guidance and the relevant development plan policies.
2 The key development plan policies taken into account by the County Council before granting permission were as follows:
National Planning Policy Framework (NPPF)
Para 18 The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meet the twin challenges of global competition and of a low carbon future.
Para 19 The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system.
Para 20 To help achieve economic growth, local planning authorities should plan proactively to meet the development needs of business and support an economy fit for the 21st Century.
Para 56 The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people.
Para 96 In determining planning applications, local planning authorities should expect new development to :
- Comply with adopted local plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - Take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption.
Cumbria Minerals and Waste Development Framework : Core Strategy (CS) and Development Control (DC) Policies 2009-2020
Policy CS 10 – High and Intermediate Level radioactive Wastes Storage
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Developments involving the interim storage of these wastes at Sellafield will only be permitted where criteria are satisfied relating to :-
• benefit clearly outweigh the detrimental effects; • compliance with national and international standards and best practice for environment, safety and security, which if appropriate are publicly and independently reviewed; • reasons are explained for rejecting alternative locations and methods that have been considered; and • that there are no overall adverse impacts on the local economy.
Permission will be granted only if :-
• all practicable measures are taken to minimise the adverse effects of development and associated infrastructure; and • where appropriate, provision is made to meet local community needs; • acceptable measures are in place for decommissioning and site restoration; and • arrangements are made for suitable local community involvement during the development, decommissioning and restoration.
Policy DC1 – Traffic and Transport
Proposals for minerals and waste developments should be located where they : a. Are well related to the strategic route network as defined in the Local Transport Plan, and/or b. Have potential for rail or sea transport and sustainable travel to work, and c. Are located to minimise operational “minerals and waste road miles”.
Policy DC2 – General Criteria
Mineral and Waste proposals must, where appropriate, demonstrate that : a. Noise level, blast vibration and air over pressure levels would be within acceptable limits, b. There will be no significant degradation of air quality (from dust and emissions) c. Public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made, d. Carbon emissions from buildings, plant and transport have been minimised e. Issues of ground stability have been addressed.
Considerations will include :
- The proximity of sensitive receptors, including impacts on surrounding land uses, and protected species - How residual and/or mineral wastes will be managed - The extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening - The use of appropriate and well maintained and managed equipment
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- Phasing and duration of working - Progressive restoration - Hours of operation - Appropriate routes and volumes of traffic, and - Other mitigation measures
Copeland Local Plan 2013-2028 – Core Strategy and Development Management Policies DPD
Policy DM1 – Nuclear Related Development
Proposals for development related to the nuclear sector should conform with the following principles :
A They should be developed in consultation with the Borough’s community and key stakeholders in accordance with the Council’s current adopted approach to stakeholder involvement. B Proposals involving the use, storage or processing of radioactive material should include a strategy for the construction and the long term management and safety of the site including the management of radioactive material. C The Borough Council and other key stakeholders (as defined by the Statement of Community Involvement) should be fully involved in any Environmental Assessment undertaken. Of the impacts to be considered as a result of appropriate scoping, particular attention would be given to ensuring that any residual impacts of the proposed development would be acceptable, notably with regard to Policies DM22-DM27. D The Council will seek an appropriately scoped, scaled and phased package of measures to mitigate the impacts of development. This should include details of all infrastructure to be provided, employment, measures to minimise adverse impacts of the development and assistance with programmes of economic, environmental and social regeneration in the Borough.
Where proposals are Nationally Significant Infrastructure Projects, the Council will seek the incorporation of the above principles in Statements of Common Ground with developers, Local Impact Reports and other representations to the National Infrastructure Directorate.
Policy DM5 – Nuclear Sector Development at Sellafield and the LLWR at Drigg
The Council’s approach to dealing with proposals for nuclear reprocessing and waste management in the Borough is to work with operators of facilities at the Sellafield Licensed site and the LLWR at Drigg and Cumbria County Council to ensure that :
A Operations (other than monitoring, maintenance and investigatory works necessarily done off site) will be retained within existing boundaries at Sellafield and the LLWR at Drigg. B At Sellafield further development related to the nuclear fuel cycle will only be permitted where it contributes to a long term strategy for the future
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management of the site. C With the exception of irradiated fuel and the transfer of waste from the LLWR at Drigg no radioactive waste is imported for treatment or storage on the Sellafield licensed site unless the proposal represents the best practical environmental option and is an interim proposal pending agreement on a national disposal route. D No non-waste management-related operations are introduced to the LLWR at Drigg E Proposals for new facilities are submitted with long term management plans to set out how operations will be co-ordinated to minimise any harmful effects and mitigate or compensate for physical environmental impacts. F Proposals include provision for adequate infrastructure to support new facilities G Proposals involve and secure the support of the local community and stakeholders H Proposals include measures to meet local community needs and to mitigate the adverse effects of the proposed development on the social and economic wellbeing of the community.
3 The National Planning Policy Framework (March 2012) is also a material consideration, and has been taken into account in this report with reference to:
Paragraph 14 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.
4 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.
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Appendix 2 Ref No. 4/15/9005 Development Control and Regulation Committee - 25 June 2015
Proposed Conditions
Time Limit for Implementation of Permission 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990
Approved Documents 2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Application Form – dated 27 March 2015 b. Covering letter – dated 27 March 2015 c. Design and access statement – undated d. Plans numbered: i) 3 BE 2789649 – Site location plan ii) 0 BE 2789659 – SCP Management Centre Annex elevations and sections iii) 0 BE 2789650 – SDP External Works Proposed Road Layout G.A. Plan iv) 0BE 2789651 – SDP Proposed elevations to existing SDP, Management Centre & BTF & Proposed SDP North and East Extensions v) 1 BE 2900962 – Location plan e. The details or schemes approved in relation to conditions attached to this permission. f. This Decision Notice Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.
3. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from, the Local Planning Authority for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. Reason: This condition is recommended due to the industrial nature of the site and presence of sandstone aquifer at shallow depth on site. The major aquifer is at risk from contamination within the soils at the site and from spills during construction works due to the lack of drift cover.
4. Prior to the commencement of development a Construction Method Statement shall be submitted to and approved by the Local Planning Authority in writing.
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The Construction Method Statement shall include :
- Details of how material would be delivered to site - Details of the type, size, location of on-site facilities for construction workers; - Fencing details for the temporary construction site - Site security during demolition works - Measures to control : noise dust odour vibration - the loading and unloading of plant and materials; - the storage of plant and materials used in constructing the development; - the storage of fuel and oils; - measures to prevent silt and other contaminants entering surface water drains, and contaminants entering groundwater; and - a scheme for recycling/disposing of waste resulting from construction works - details of temporary lighting during construction
Reason: In order to protect the safety of vehicular, animal and pedestrian traffic along the highway.
5. Prior to the commencement of development a Construction Waste Management Plan shall be submitted to and approved by the Local Planning Authority in writing. The plan shall include details of how all construction waste from the proposed development would be dealt with.
Reason : In order to ensure the all wastes from the site are processed appropriately.
6. Prior to the commencement of development measures shall be in place to protect ground nesting birds.
Reason : To prevent harm to breeding birds.
Informative
A travel plan should be prepared and submitted with any future planning applications for the overall Sellafield Site.
Page 155 This page is intentionally left blank Agenda Item 8d
DEVELOPMENT CONTROL AND REGULATION COMMITTEE 25 June 2015 A report by the Assistant Director of Environment & Regulatory Services ______
Application No: 6/15/9002 District: Barrow Borough Council
Applicant: Cumbria County Council Parish: Dalton with Newton Town Council Parkhouse Building Carlisle Received: 15 May 2015
PROPOSAL: Provision of an extended hard-surfaced area to provide additional parking spaces. LOCATION: Dowdales School, Nelson Street, Dalton-in-Furness, LA15 8AH ______
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1.0 RECOMMENDATION
1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions set out in Appendix 2.
2.0 THE PROPOSAL
2.1 It is proposed to formally extend an existing car-parking area at the school to the north and south by providing hard-surfacing so as to create an additional 14 parking bays. The current grassed and grasscrete areas will be overlaid with permeable tarmac.
3.0 CONSULTATIONS AND REPRESENTATIONS
3.1 Barrow-in-Furness Borough Council’s Planning Department has no objection to the principle of the development and note the use of root protection measures and permeable surfacing, as previously discussed on site with the Borough planning officer. However it asks that, in view of the number of staff employed at the school, the County Council seeks to either encourage the introduction of a Travel Plan, in line with Cumbria’s transport policies, or vary any existing one, to reduce pressure upon the school’s car parking facilities.
3.2 Historic England report that it has considered the application and does not wish to offer any comments. It recommends that the application be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.
3.3 Cumbria County Council’s Historic Environment Officer has no objections and does not wish to make any recommendations or comments.
3.4 Barrow-in-Furness Borough Council’s Environmental Health Team reports that it has considered the application and does not wish to comment.
3.5 Dalton with Newton Town Council, The Highway Authority, Cumbria County Council’s Active Travel Officer, Cumbria County Council’s Local Flood Risk Management Team, Cumbria Constabulary’s Crime Prevention and Architectural Liaison Officer, The Chief Fire Officer and United Utilities have all been consulted but no reply had been received when this report was prepared.
3.6 The application site falls within the County Council electoral division of Dalton North. The local member representing that division, Mr BJ Doughty, has been notified.
3.7 The application was publicised via site notices placed on 19 May 2015.
3.8 One representation had been received when this report was prepared. The representation, from a resident at Hawkwood Terrace, objects to the application on the grounds of its potential to intensify:
i) off-site surface water flooding;
ii) the traffic impacts of the school on the surrounding streets around its access point, especially Nelson Street, Chapel Street and Rawlinson Street, in relation to congestion/gridlock and the potential damage this may cause to residential properties in the area. Page 158
3.9 With regard to flooding, the objector states that the dwellings at Hawkwood Terrace have suffered flood damage on numerous occasions within the last few years and that the existing drains / drainage systems of the area and the school can’t cope with heavy rainfalls, with water running off the school grounds down the drive. The representee recounts that the stress of the repeated flooding has affected their health and that of neighbours.
3.10 With regards to traffic, the objector states that:
“our streets are grid locked up to 5pm and then it starts all over again for the evening classes ,the streets aren't built for all the amount of traffic that already come up here never mind trying to invite more cars ,vans lorries etc… it’s a wonder that there isn't more accidents or even anyone been knocked over…”
3.11 The objector continues to suggest that the existing volume of traffic is causing structural damage to the houses on the affected streets, and that residents fear that approving this application will make this worse.
4.0 PLANNING ASSESSMENT
Site Location / Context
4.1 Dowdales Secondary School occupies a large 8.1ha site on the northern-western edge of the small market town of Dalton-in-Furness. The school is situated on a gently north to south sloping site surrounded by rising ground from its western side around to its eastern side.
4.2 The access road to the school connects onto the highway network at Nelson Street which is in an area of compact grid pattern terraced housing with narrow roads with on-street residential car-parking.
4.3 The existing car park proposed to be extended is located on the central eastern side of the school grounds. The existing car park is bounded as follows:
To the north: By grassed amenity land and school playing field on which a football pitch is seasonally marked-out.
To the east: by rising open green land with sporadic trees (which is located to the north and rear of Dalton Leisure Centre).
To the south: by the mature tree lined access road. These trees are subject to Tree Preservation Orders.
To the west: by a two storey flat-roofed 1970s classroom block. To the north of this a wooden trellis canopy structure is present over an area of hardstanding, sheltering a number of picnic benches
4.4 Ashburner House – a Grade II Listed Building – is located in the school grounds some 55m north-west of the existing car-park, and is sited on higher ground, with a retaining wall standing above the western edge of the playing field. Ashburner House is a large detached and distinctive Victorian house with oversailing embattled parapets. Originally built in 1895 as a dwelling it later became a school in 1928. Ashburner House is currently used as the schools administration building with some classroom use on the first and second floor.
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Further Detail of Proposed Development
4.5 The northern extension would extend the existing tarmacked car parking area for an 18m length northward, over an area currently comprising of grass and an existing concrete foundation. This would bring it into line with the hardstanding picnic table area and would leave a 6m gap between the extended car park and the football pitch marked-out on the playing-field to the north. Low level landscape planting is proposed to the northern and western sides of the extension area.
4.6 The southern extension would involve overlaying an existing car-parking area currently covered with cellular grasscrete with permeable tarmac and also extending a further 3m south beyond this. This extension will bring the parking area up to an existing streetlight and closer to a tree that is subject to a Tree Preservation Order. As such a cellular confinement system will be placed on the grass prior to the laying of permeable tarmac so as to not impact on the Tree. The extended car parking area would maintain at least a 3m distance from the trunk of the nearest tree.
4.7 Low level timber post and rail fencing will be provided to the full unenclosed perimeter of the car-park to contain vehicles and ensure they do not encroach onto the surrounding areas.
Green Wedge
4.8 It is noted that the school is located in an area designated as a “Green Wedge” within the Barrow-in-Furness Borough Council Local Plan (1996-2006). Unlike designated “Open Areas” which the plan formally protects from development, the supporting text to Policy D4 regarding Green Wedges states at paragraph 5.2.10 that: “the aim of Policy D4 is not to prevent all development but to ensure that any necessary development does not detract from the purpose of the green wedge”. The purpose and value of the green wedge is defined within the policy text as providing a setting for recreation that offers important urban space and visual relief and contrast between residential areas. The small footprint of the proposed extension of the car-park and overlaying of less than 340m2 of amenity grassland; in the context of the large school site and grounds and the totality of the green wedge in this location (which also encompasses neighbouring allotments and agricultural fields); is considered to have negligible impact upon the open and green nature of this ‘green wedge’. Nor would it diminish the visual relief and contrast between residential areas. Furthermore, the development would not substantially diminish the amount of recreational space available to the school or impact on the rugby pitch or its run-off area. As such, it is considered that neither the prohibitive clauses of Policy D4 nor that of Policy G3 regarding recreational spaces are applicable in this instance.
Need for further formal Parking Space
4.9 The proposed additional new car parking areas cover approximately 500m2 of land and would provide 14 additional parking bays. The school states that it currently has 90 spaces (comprising 5 distinct areas of marked bays) for car parking. It reports that existing car parking on site is limited and a cause for concern from a safety point of view as staff and visitors resort to parking in undefined areas.
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4.10 It is noted that Dowdales is purely a secondary school - i.e. catering only for 11- 16 year olds. It has no post-16 sixth-form or college facilities so there is no student parking. The car parking provision at the school is only utilised by staff and visitors during the schools’ core hours.
4.11 On the Officer visit to the site numerous instances of cars being parked in recesses between building, double-parking and mounting kerbs to park on amenity grassland/playing-field were observed and noted. As such there is a compelling argument for further formal car parking space provision to meet current demand and rectify the existing situation.
4.12 The proposal is considered to comply with Barrow-in-Furness Borough Council Local Plan 1996-2006 Policy E9 which requires that all development should provide for its car parking requirements. The National Planning Policy Framework (published March 2012) [NPPF] also stipulates that great weight should be given to the need to alter schools. As such subject to its other potential impacts being acceptable, the provision of the small amount of additional parking provision proposed is, in principle, considered to be acceptable and of benefit.
4.13 The key planning issues / potential impacts associated with this proposed development are considered to be: i) traffic; ii) surface water flooding; iii) visual / landscape (including this in relation to heritage assets) and iv) to protected trees.
Traffic Impacts
4.14 The representation received highlighted the existing highways problems along Nelson Street, Chapel Street and Rawlinson Street and worries that these problems could be intensified by the proposed development. The highly constrained nature of the local streets leading to the school and the existing traffic congestion issues experienced are duly noted. Yet this is an existing problem and the proposals would not result in any increase in staff, pupils and/or visitors to the school. Rather the proposals seek to alleviate existing on-site issues of unordered and potentially dangerous car-parking. The lack of current demarcated provision is clearly not deterring motor-vehicular journeys to the site.
4.15 However it is recognised that the school also needs to promote more sustainable journeys by staff, visitors and pupils to its facilities (i.e. walking and cycling) and seek to reduce the amount of single occupancy car journeys to the site. To that aim the School has produced a School Travel Plan to support the application and with which to more actively drive forward a modal shift. As such the document should act as a framework that can help ensure that further incremental expansion of parking capacity on site is restrained and that the school is not catering for unrestrained road traffic growth, in recognition of the impact that this could have on the already heavily constrained surrounding highway network.
4.16 As such it is considered the proposed development would not have an adverse traffic impact and that suitable measures have been put in place to restrain any future potential intensification of motor-vehicular traffic accessing the site.
Off-Site Surface Water Flooding Issues
4.17 The representation received focused very much on existing drainage problems which lead to off-site surface water flooding issues. A July 2008 Committee Report concerning a planning application relating to the school (Ref. 6/08/9007) also noted the presence of these issues at that point in time, noting that: “during Page 161
high levels of rainfall, water from the school grounds has collected and appears to run down the driveway, and according to the residents has contributed some localised flooding of garages at the bottom of the driveway. Gulleys and several drains are provided on both sides of the driveway. However, in severe rain residents claim they have not always been able to cope with the volume of water which increases the likelihood of flooding, in particular in the area surrounding the garages. Following previous floods a new soak away was installed near to the garages. Whilst there has been no flooding of this area since this was installed, residents have said that there has been no severe rainfall either”.
4.18 From the representation it would appear this surface water flow path remains an issue at times of peak rainfall. However it is considered that by providing permeable tarmac surfaces to the new extended areas of parking which are currently grassed and the additional green landscaping around this, that the proposals will not increase the amount or speed of surface water run-off from the site. As the proposed development would not intensify nor exacerbate this existing issue, the proposal is considered to comply with local plan policies F8 and F9 regarding flooding and paragraph 103 of the NPPF.
4.19 It is noted that the school intends to lay new land drainage to try and address surface water issues on the playing-field to the north and that this will include an underground tank to attenuate surface water flows. In addition to this it is also noted that the school is investigating an alleged disparity between surface water pipe diameters at the southern site perimeter whereby the larger school pipe connects to a small pipe resulting in overland overflows. These matters are outside the scope of this application and planning control.
Visual and Landscape Impact (appropriate location/siting of additional Car Parking)
4.20 The northern extension of the surfacing will take car-parking in this area closer toward a key grassed area that forms part of the wider setting for Ashburner House. The provision of planting to soften and visually screen the extended area satisfactorily mitigates any potential visual and landscape impact this may have from views within the school, including views to and from Ashburner House.
4.21 In terms of public views of Ashburner House from outside the school site, the main public viewpoint that could potentially take in the proposed development is that from the residential street of Fair View which is at a raised elevation to the east of the school. The existing car park cannot be seen from this vantage point due to the changes in topography and intervening trees, hedgerows and scrubs which line the boundaries and sporadically occur across the intervening field and the semi-mature trees and shrubs that line the school’s eastern boundary. It is considered that the southern extension would not be visible at all and that the northern extension would be substantially screened/filtered from view by the intervening vegetation, and as such would not impact upon views of the setting of Ashburner House. As such the proposed development would not harm the significance nor the setting of this heritage asset.
4.22 The proposed development is considered to concord with the criteria for good design, quality development and landscaping set out in Policies D21, D27 and D28 of the Barrow-in-Furness Borough Council Local Plan 1996-2006 as it provides a simplistic design whose footprint/lines match those of neighbouring features and has been sensitively landscaped. Page 162
Protection of Trees
4.23 A group of 13 trees (encompassing 8 Horse Chestnuts, 2 Elms and 3 Pines) lie to the south off the existing car park and are subject to a Tree Preservation Order (Barrow BC TPO No. 5 1997). The proposal will not lead to the loss of any trees, and adequate measures have been put in place to protect the roots and crown spread of the nearest tree. As such the proposal is considered to comply with policies D31 and D32 of the Barrow Borough Council Local Plan.
Protection of Playing Pitches
4.24 Neither the playing pitch area on the playing field nor its run-off area would be affected by the proposed northern extension of the car parking area. The proposed low level knee high wooden fencing to the extended car park would help better contain parking and protect this pitch area from damage associated with overflow car-parking.
Human Rights Act 1998 4.25 The proposal will have a limited impact on the visual and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.
Conclusion
4.26 The provision of the car park would be a benefit to the school as it will help regularise the current ad-hoc approach to motor-vehicular parking on site. The proposed extensions have been sensibly and pragmatically sited so as to link onto the existing main car-parking area and sensitively designed so as to prevent the development from having any impact upon designated features (TPOs or Ashburner House) and ensure it will not lead to any increase in surface water run-off. The proposal is compliant with planning policy and would not intensify or exacerbate any pre-existing offsite impacts. As such it is recommended that planning permission be granted subject to conditions.
Angela Jones Assistant Director of Environment & Regulatory Services
Contact Mr Edward Page, Kendal, Tel: 01539 713 424; Email: [email protected] Background Papers Planning Application File Reference No. 6/15/9002 Electoral Division Identification Dalton North ED - Mr BJ Doughty
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Appendix 1 Ref No. 6/15/9002 Development Control and Regulation Committee – 25 June 2015
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
Summary of Reasons for Grant of Planning Permission
1 This application has been determined in accordance with the Town and Country Planning Acts and relevant local development plan policies and in the context of the national planning policy framework and guidance.
2 The key development plan policies taken into account by the County Council before granting permission were as follows:
Barrow-in-Furness Borough Council Local Plan 1996-2006 [Adopted 24th August 2001 and formally altered in 2006];
POLICY D4 – Green Wedges The following areas have been designated as Green Wedges: … d) Land north of Dalton, … Development within Green Wedges that would detract from their value as a setting for recreation, providing important urban space and visual relief and contrast between residential areas would not be permitted. The supporting text to this policy states at paragraph 5.2.10 that: “The aim of Policy D4 is not to prevent all development but to ensure that any necessary development does not detract from the purpose of the green wedge”
POLlCY D21 – Design Code In determining all applications submitted to it the local planning authority will have regard to the General Design Code set out in paragraph 5.4.27 of this plan. In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements. Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention…. General Design Code (Paragraph 5.4.27) The importance given by PPG1 to design as a material consideration now merits the introduction of policies to ensure that development and infrastructure changes are carried out with adequate sensitivity to their surroundings. Development will therefore, be required to be related to the General Design Code, as follows: Setting: the setting of any building should be carefully considered, whether in the countryside or in a built-up area. Attention should be paid to its impact on public views into, over, and out of the site. Those views should not be significantly harmed, and opportunities should be taken to enhance them or open up new Page 164
views. In the countryside, or on the edge of towns and villages, buildings should be located to sit comfortably in the landscape. Buildings on the skyline should be avoided, unless local circumstances deem this to be appropriate for the site. …
POLICY D28 - Landscaping Development proposals will be expected to include a survey of existing landscape features and a landscaping scheme of a professional standard must be submitted with applications where deemed appropriate.
POLICY D29 - Landscaping A high standard of landscaping will be required of appropriate new development, both for the initial scheme and its long-term maintenance. Where possible, existing landscape features shall be integrated into landscape schemes. …
POLICY D31 – Regard to Trees The location, layout and detailed design of all new development must pay regard to existing trees and their future growth potential and any landscaping scheme needs to balance the relationship between trees and buildings to avoid damaging effects from one to the other.
POLICY D32 – Protection of Trees In order to protect trees from damage during development, planning conditions will be imposed to ensure that adequate measures ate taken to preserve and protect all trees identified, to be retained in any development.
POLICY 47 – Traffic Management and Public Transport In towns the adverse impact of traffic on the environment and on amenity will be reduced through the introduction or extension of measures to reduce, restrict and control traffic, including traffic calming and by giving higher priority to public transport, the pedestrian and the cyclist, while respecting the need for access by disabled persons.
POLICY E9 – Parking All development should provide for its car parking requirements. …
POLICY F8 – Flooding Within the identified floodplain or in the areas at unacceptable risk from flooding the Authority will not accept new development, the intensification of existing development or land raising, unless it is decided that development in such areas should be permitted for social or economic reasons. In these cases appropriate flood protection and mitigation. In these case appropriate flood protection and mitigation measures, including measures to restore floodplain or provide adequate storage, will be required to compensate for the impact of the development. At sites suspected of being at unacceptable risk from flooding but for which adequate flood risk information is unavailable, developers will be required to carry out detailed technical investigations to evaluate the extent of the risk. In all cases, developers will be required to identify, implement and cover the costs of any necessary measures and to submit full technical information with their planning applications.
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POLICY F9 – Surface Water Flooding The Authority will refuse development that would result in adverse impact on the water environment due to additional surface water run-off, unless appropriate alleviation or mitigation measures
POLICY F12 – Crime Prevention The design, lighting, layout and location of new development will be carefully examined by the Authority, in consultation with Cumbria Constabulary, to ensure that it is not contrary to the interest of the prevention of crime and development will be refused if it us considered that it will give rise to an increased likelihood of crime.
POLICY F14 – Inclusive Access Permission will be refused for development where the layout does not adequately provide for reasonable access needs of people with disabilities, unless such access is prevented by local topography.
POLICY G3 – Recreation and Community Facilities Development proposals involving the loss of existing or former public or private recreation and community facilities such as parks, play areas, sport fields, school playing fields, allotments, sports halls and village halls will be permitted provided it can be demonstrated that either:- a) There is no shortfall of provision in the area for all existing and likely future users of that lost facility … b) An alternative site is to be provided at the developers expense, …
3 The National Planning Policy Framework (Published March 2012) is also a material consideration, and has been taken into consideration in this report with reference to: Paragraph 72: The Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement, and to development that will widen choice in education. They should: ● give great weight to the need to create, expand or alter schools; ● work with schools promoters to identify and resolve key planning issues before applications are submitted
Paragraph 103: When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere… and it gives priority to the use of sustainable drainage systems.
Paragraph 129: Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal.
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Paragraph 132: When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.
4 The online Planning Practice Guidance (PPG) suite was launched on 6 March 2014 and is also a material consideration in the determination of planning applications. Relevant sections of this have also been taken into account.
5 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.
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Appendix 2 Ref No. 6/15/9002 Development Control and Regulation Committee – 25 June 2015
Proposed Conditions
Time Limit for Implementation of Permission 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990
Approved Documents 2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Planning Application Form – dated 15 May 2015 b. Design and Access Statement – Rev.1 – dated 26 May 2015 c. Dowdales School Staff Travel Plan – dated June 2015 d. Location Plan e. Drawing No. 04-Rev.3 – Dowdale School - Area D f. This Decision Notice Reason To ensure the development is carried out to an approved appropriate : standard and to avoid confusion as to what comprises the approved scheme.
Landscaping / Screen Planting 3. The proposed screen planting to the northern car-park extension shall be undertaken within the first available planting season following the date of this permission. Any tree or shrub provided as part of this scheme which dies, is damaged, diseased or removed within the duration of 5 years after planting shall be replaced during the next available planting season with a similar species unless otherwise agreed in advance in writing with the Local Planning Authority. Reason: In the interests of visual and landscape amenity and in accordance with Barrow-in-Furness Borough Council Local Plan (1996-2006) Policies D28 and D29.
Page 168 Agenda Item 9
DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 25 June 2015 From: Assistant Director - Environment & Regulatory Services
APPLICATIONS DETERMINED AT APPEAL Note: Update for Members for Information only. Authority Area/ Proposal / Appeal Date Ref. No. / Site Location / Decision Received Applicant - (Case Officer) – Web-link & Date
Eden
3/11/9009 Variation of Planning Permission 3/91/0571 to extend the period of Tarmac Ltd operation at Low Plains Quarry for 22 years 28.07.11 Low Plains Quarry, Armathwaite, Penrith, Cumbria, CA4 9TR 13.05.15 (DH) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=35828
3/11/9010 Variation of Planning Permission 3/04/9015 to extend the period of Tarmac Ltd time for the soil storage bund for 22 years 28.07.11 Low Plains Quarry, Armathwaite, Penrith, Cumbria, CA4 9TR 13.05.15 (DH) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=35829
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DEVELOPMENT CONTROL AND REGULATION COMMITTEE 25 June 2015 A Report by the Assistant Director - Planning & Sustainability ______
Planning 3/10/9010 District: Eden Reference
Appellant: Lafarge Tarmac Parish: Lazonby»«APPLICANT_TOWN»
OUTCOME OF PLANNING APPEAL – LOW PLAINS QUARRY ______
Page 171 1.0 RECOMMENDATION
1.1 That the committee note the outcome of the appeal.
2.0 THE PROPOSAL
2.1 Members may recall the previous reports relating to this site. The most recent related to the withdrawal of the Enforcement Notice which was reported to committee on 1 April 2015.
2.2 The site is an active sand and gravel quarry, just to the east of the A6 between Plumpton and High Hesket in the Eden Valley. Planning Permission was originally granted in 1991 for the extraction of sand and gravel. The site was due to be completed by 30 September 2011. An application was made in 2004 for 0.9 hectares of additional soil storage adjacent to the site. This permission also expired on 30 September 2011.
2.3 Planning applications were submitted in summer 2011 to extend the life of the site for a period of 22 years. The committee resolved to refuse to grant planning permission on 3 January 2013 and on 7 January 2013 the refusal notice was issued. An Enforcement Notice was issued 7 June 2013 following the failure to negotiate an alternative solution. An appeal was lodged against both the refusal to grant planning permission for both planning applications and the Enforcement Notice. The Enforcement Notice was withdrawn at the start of the Public Inquiry, for the reasons previously reported.
2.4 The appeal was heard at a Public Inquiry held at Penrith Community Fire Station. It opened on 17 March 2015 and was closed on 19 March 2015 following a site visit.
3.0 DECISION
3.1 The Planning Inspectorate issued a decision to allow the appeals on 13 May 2015.
3.2 As was reported on 1 April 2015, following discussions aimed at agreeing common ground in relation to the appeals, Lafarge Tarmac did not apply for costs against the County Council.
3.3 The Planning Inspector attached 33 conditions to the planning permissions. The conditions are the same on both the main quarry and soil storage planning permissions. These were similar to those proposed and negotiated by the County Council at the Inquiry.
4.0 PLANNING ASSESSMENT
4.1 The original decision to refuse to grant planning permission for both applications was a finely balanced judgement. In effect, it weighed the impact of extending the life of the quarry against the amenity of local residents and risks to a significant local employment site.
4.2 Through the appeal process, additional safeguards, changes to the proposal
Page 172 and further information emerged that may have lead the Council to a different decision, if it had been presented during the application. The majority of this information was contained in the Appellant's proofs of evidence put before the Inquiry.
4.3 The decision permits quarrying until 20 September 2033. The planning conditions imposed generally update and improve those of the original permission. To protect the living conditions of nearby occupiers, the Inspector imposed a number of conditions including the restriction of operating hours, imposition of noise limits and the submission and approval of Dust Management and a Noise Monitoring Scheme.
4.4 The provision of a smaller, more secure, better located and protected fuel tank; 24 hour emergency fuel spill response; procedures for servicing plant to reduce risk of pollution and routine water monitoring should significantly lower the low risk (albeit high impact) of fuel/ oil spillage on the water bottling plant.
4.5 There are also conditions relating to archaeology; protection of the soils on the site; separation of Blackrack beck from future phases of mineral extraction and a requirement to submit more details relating to the revised restoration scheme. These protect the wider public interest.
Angela Jones Assistant Director – Environment and Regulatory Services
Contact David Hughes, Kendal, Tel: 01539 713422; Email: [email protected] Background Papers Planning Application Ref. 3/10/9010 Electoral Division Identification Hilary Carrick – Penrith North
*filepath
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DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 25 June 2015 From: Assistant Director - Environment & Regulatory Services
APPLICATIONS DETERMINED UNDER DELEGATED POWERS NOTE: These are applications/consultations that have been recently determined by the Assistant Director of Environment and Regulatory Services in accordance with the scheme of delegation. - Case Officer Contact Details are provided in the Footnote at the end/rear of the Agenda. Authority Area/ Proposal / Date Decision Ref. No. / Site Location / Received & Date Applicant - (Case Officer) – Web-link
Carlisle
Nil
Allerdale
Nil
Eden
Change of use to storage of scrap vehicles, vehicle parts and metals in association with a Scrap Yard and erection of a concrete 3/15/9003 panel boundary fence. Granted Mr R Head 15.04.15 Land to the North East of, The Scrap Yard, Crosscroft Industrial 03.06.15 Estate, Appleby-in-Westmorland, CA16 6HX (EP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42251
Copeland
Nil
South Lakeland
Nil
Barrow
Nil
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DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 25 June 2015 From: Assistant Director - Environment & Regulatory Services
APPLICATIONS TO BE CONSIDERED AT FUTURE MEETINGS NOTE: These are applications/consultations that have been submitted to the County Council but are not yet ready/appropriate for presentation to the Committee and/or have been recently withdrawn or determined as invalid, or not requiring planning permission, etc. - Case Officer Contact Details are provided in the Footnote, following this list. Authority Area/ Proposal / Date Notes / Ref. No. / Site Location / received/ Additional Applicant - (Case Officer) / Web-link valid Information
Carlisle
Nil
Allerdale
Construction of 143 space car park with new road access; creation of new drop-off area and cycle-parking facilities; new 2/14/9019 hard and soft landscaping; and demolition of existing building Cumbria Anticipated and structures. 22.11.14 for July DCR County Council Land adjacent to Workington Railway Station, Belle Isle Place, Committee Workington, CA14 2XF (EP) https://cloud2.atriumsoft.com/ePlanningCMB/tabPage3.jsp?aplId=41573
2/15/9004 Construction of a new school building with associated parking Sir Robert and external areas, retention of existing sports hall and tennis McAlpine & courts and demolition of existing school building. Anticipated Stainburn School & Science College, Stainburn Road, 28.04.15 for July DCR Cumbria Committee County Council Workington, Cumbria, CA14 4EB (RB) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42311
Eden
EIA Application Application to Deepen Part of Shapfell Quarry and associated Supplementary mitigation measures Environmental 3/08/9020 Shapfell Quarry, Hardendale, Shap, Penrith, CA10 3QG Information Tata Steel 01.12.08 received (JLC) March 2014 https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=28812 and issued for consultation
Copeland
Page 177 Construction of 70 space car park with new road access; creation of new disabled parking facilities and pedestrian and 4/15/9002 cycle links to Corkickle Station; new hard and soft Cumbria County landscaping. 09.01.15 Council Land adjacent to The Gardens, Coach Road, Corkickle, Whitehaven, CA28 7TG (EP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=41814
4/15/9006 Section 73 application to amend planning permission Mr T West 4/09/9006 condition no. 1 to extend time limit for a further 5 years. 01.05.15 West Coast Composting Ltd, High Road, Whitehaven, CA28 9QJ (JP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42291
South Lakeland
5/15/9005 Section 73 application to amend Condition 1 of planning Lafarge Tarmac permission 5/05/9013 to allow additional time to complete 31.03.15 Anticipated Ltd mineral extraction in the deep extension part of the quarry. for July DCR Lafarge Tarmac, Stainton Quarry, Stainton, Dalton-in-Furness Committee (RB) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42171
Section 73 application to amend conditions 9 and 18 of 5/15/9004 planning permission 5/13/9002 to increase vehicle Awaiting L & W Wilson results of movements and operating hours. 04.03.15 (Endmoor) Ltd Winder Moor, Willow Lane, Flookburgh, Cumbria Traffic (RB) Survey https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42052
Barrow
Landraising of depression in existing agricultural field with inert material to allow the field to be levelled for growing of Anticipated for July DCR 6/15/9003 animal feed. 22.05.15 Committee Tony Brown Ltd Land at Maidenlands Farm, Tarn Flatt, Marton, Ulverston, Cumbria, LA12 0NL (JP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=42411
Section 73 application to: 1. Inclusion of an ammonia scrubber to the exhaust air from the biodrying area prior to discharge through the biofilter; 2. Modifications to the biofilter; 3. Amendment to the layout of the piping carrying process air 6/15/9004 to the biofilter; Shanks Waste 4. Inclusion of a chemical storage tank; Anticipated 09.06.15 Management And replacement of figure T074-PR-10G-AA001-R04 with for July DCR Ltd figure C0155-PR-10Z-AA001-R05. Committee Shanks Waste Management, Bouthwood Road, Sowerby Woods Industrial Estate, Barrow-in-Furness, Cumbria, LA14 4RD (JP) https://cloud2.atriumsoft.com/ePlanningCMB/loadFullDetails.do?aplId=4 2491
Page 178 Agenda Item 12
DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 25 June 2015 From: Assistant Director - Environment & Regulatory Services
CONSULTATIONS BY DISTRICT COUNCILS, NATIONAL PARK AUTHORITIES, ADJOINING PLANNING AUTHORITIES, & GOVERNMENT DEPARTMENTS, ETC. NOTE: In accordance with the Town and Country Planning Act 1990, Schedule 1, paragraph 7, the County Council is consulted on those applications which are considered to fall within the agreed Development Control Code of Practice for Cumbria. Case Officer Contact Details are provided in the Footnote, following the list of Applications/consultations which may be considered at future meetings, etc. Authority Area/ Proposal Description / Date Item No / Ref. No. / Site Location / Received / Page Applicant (Case Officer) – Web-link Registered
Applications To Be Considered At Future Meetings
Copeland
The erection of two wind turbines with a maximum blade tip height of upto 110metres, together with substation and contorl building, associated hard standings, a temporary construction 4/14/2105/OF1 compound, an upgraded access track a connecting internal Anticipated for July DCR Airvolution Ltd. access track, and other related infrastructure. Committee Land at Church House Farm, Calderbridge, Seascale, CA20 1BZ (RP)
Delegated Consultation Responses
Allerdale
Hybrid planning application including: Full planning application for the partial demolition and conversion of Ewanrigg Hall (Grade II Listed) to create 2no dwellings and extension to 02/15/0218 No Strategic provide 4no dwellings (Use Class C3), and demolition of Mr K Planning associated outbuildings; and Outline planning application for Thompson Objection raised the development of approximately 124 dwellings (Use Class 11.05.15 C3), with all matters reserved except for means of access. Ewanrigg Hall, Ewanrigg Lonning, Ewanrigg, Maryport. (GI)
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