Schedule of Decisions

Control of Development and Advertisements

The Development Control Committee received and considered the following applications:

Item no: 01

Appn Ref No: Applicant: Parish: 16/0947 Ms Nanson Stanwix Rural

Date of Receipt: Agent: Ward: 28/10/2016 23:02:37 North Associates Stanwix Rural

Location: Grid Reference: Hadrian's Camp, Houghton Road, Carlisle 341554 558811

Proposal: Erection Of Dwellings (Outline) The report was withdrawn from discussion at the meeting due to the application being withdrawn.

Withdrawn by Applicant/or by default

Item no: 02

Appn Ref No: Applicant: Parish: 16/0954 Mr R Lovell Stanwix Rural

Date of Receipt: Agent: Ward: 03/11/2016 11:02:42 Tsada Building Design Stanwix Rural Services

Location: Grid Reference: Land to the Rear of South View, The Green, 340559 559185 Houghton, Carlisle, CA3 0LN

Proposal: Erection Of 1No. Dwelling (Reserved Matters Application Pursuant To Outline Approval 14/0679)

Grant Permission

1. The approved documents for this Reserved Matters Approval comprise:

1. the submitted Reserved Matters application form received 3rd November 2016;

2. the Proposed Dwelling House with Garage on Land Adjacent to South View Outline Approval 14/0697 Plan (Dwg. 51/2016/1) received 3rd November 2016;

3. the Design and Access Statement (Dated 31/10/2016) received 3rd November 2016;

4. the Notice of Decision; and

5. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

2. In discharge of requirements for the submission of detailed particulars of the proposed development imposed by conditions 2, 4 (part), 5 (part), 6 (part), 7 (part), 8 (part) and 9 (part) attached to the outline planning consent to develop the site.

Reason: For the avoidance of doubt.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking and re-enacting that Order), the window on the side elevation facing South View serving the bathroom shall be obscure glazed to factor 3 or above and thereafter retained as such.

Reason: In order to protect the privacy and amenities of residents in close proximity to the site in accordance with Policy CM5 of the Carlisle District Local Plan 2015-2030.

4. Full details of the proposed treatment plant, including capacity and specification, shall be submitted to the Local Planning Authority for approval prior to the commencement of works.

Reason: To ensure satisfactory foul water drainage can be accommodated on site. In accordance with Policy IP6 of the Carlisle District Local Plan 2015-2030.

5. Prior to the commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to ensure surface water drainage does not exceed green field run off rates.

Reason: To ensure the risk of surface water flooding is not increased off-site. In accordance with Policy CC5 of the Carlisle District Local Plan 2015-2030.

6. Prior to the commencement of development, a plan shall be submitted for the prior approval of the Local Planning Authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works.

Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users. To support Local Transport Plan Policy LD8.

7. No work associated with the construction of the residential dwelling hereby approved shall be carried out before 08.00 hours on weekdays and Saturdays nor after 18.00 hours on weekdays and 13.00 hours on Saturdays (nor at any times on Sundays or statutory holidays).

Reason: To prevent disturbance to nearby occupants in accordance with Policy CM5 of the Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Item no: 03

Appn Ref No: Applicant: Parish: 16/0318 Bond Dickinson (Trust Hayton Corporation) Ltd

Date of Receipt: Agent: Ward: 08/04/2016 North Associates Hayton

Location: Grid Reference: Land north of Hurley Road and east of Little Corby 348035 557428 Road, Little Corby, Carlisle

Proposal: Residential Development (Outline)

Refuse Permission

1. Reason: The application site covers an area of 5.62 hectares and extends significantly beyond Site R17, as allocated in the Carlisle District Local Plan 2015-2030, which covers an area of 1.55 hectares. Whilst development of Site R17 would be acceptable in principle, the additional proposed development included in this application, which falls outside of the allocation, would have to be considered as windfall development. The part of the site which lies outside R17 has been considered throughout the Local Plan process, including the Strategic Housing Land Availability Assessment process, from the inception of the Local Plan. It has been considered against alternative sites and against the Sustainability Appraisal principles. This culminated in the site being discussed at the Local Plan examination hearing sessions, alongside other omitted sites. However, the Inspector did not seek to include any additional housing allocations in the Local Plan. Policy HO1 states that any unallocated sites which come forward for development and which would prejudice the delivery of the housing strategy will be resisted. A further site in Little Corby (R18 - land to the south of Corby Hill/ Heads Nook Road), which has a site area of 1 hectare and an indicative yield of 30 dwellings, has been allocated in the Carlisle District Local Plan 2015-2030. This allocation, which lies to the south of the A69, was specifically included in an attempt to rebalance the village, which has most of its services located to the south of the A69 but most of the housing to the north. If the current application were to be approved it would be a departure from the recently adopted Local Plan and could prejudice the ability of Site R18 to come forward in a timely fashion, thus undermining the spatial strategy presented in the Local Plan for Warwick Bridge/ Little Corby. The proposal would, therefore, be contrary to Policies HO1 (Housing Strategy and Delivery) and HO2 of the Carlisle District Local Plan 2015-2030.

2. Reason: Policy HO2 (Windfall Housing Development) of the Carlisle District Local Plan 2015-2030 seeks to ensure that the scale and design of the proposed development is appropriate to the scale, form, function and character of the existing settlement. The scale of the proposed development would not be appropriate to the scale and character of Little Corby. At present the majority of housing is located to the north of the A69, with the vast majority of services being located to the south. If this proposal were approved, it would lead to additional housing on the north side of the A69, which would further imbalance the village. In addition, the proposed development would be served by a single vehicular access from the A69 and as a consequence it would not integrate well with the existing settlement. The siting and scale of the proposal and the lack of integration would not enhance or maintain the vitality of Little Corby. The proposal would, therefore, be contrary to Criteria 1, 2 and 3 of Policy HO2 (Windfall Housing Development) of the Carlisle District Local Plan 2015-2030.

3. Reason: The part of the site which lies outside R17 falls within the open countryside. Criterion 8 of Policy SP2 (Strategic Growth and Distribution) states that within the open countryside development will be assessed against the need to be in the location specified. The applicant has failed to demonstrate an overriding need for the additional housing, over and above housing allocation R17, to be sited in this location.

Relevant Development Plan Policies

Item no: 04

Appn Ref No: Applicant: Parish: 16/0362 Persimmon Homes Wetheral Lancashire

Date of Receipt: Agent: Ward: 20/04/2016 Wetheral

Location: Grid Reference: Land adjacent Alexandra Drive, Durranhill Road, 342899 555253 Carlisle

Proposal: Variation Of Condition 22 (Roads/Occupation Of Dwellings) Of Previously Approved Application 10/0792 (Retrospective)

Grant Permission

1. At the expiration of six months from the date of this permission all works to the highway shall have been fully carried out and completed as shown on drawing number C006 Rev. H.

Reason: To ensure the provision of a safe footway route to serve the residents of Barley Edge in accordance with Policies IP2, SP6 and SP9 of the Carlisle District Local Plan 2015-2030.

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 20th April 2016; 2. the Proposed New Footway on Durranhill Road between Barley Edge & Alexandra Drive & a Kerb Build Out (Dwg. C006 rev H) received 7th February 2017; 3. the Certificates Under Article 13 - Notice Letter received 20th April 2016. 4. the Notice of Decision; and 5. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

Relevant Development Plan Policies

Item no: 05

Appn Ref No: Applicant: Parish: 16/1086 Mr & Mrs Lawrence Hayton

Date of Receipt: Agent: Ward: 19/12/2016 11:02:41 NWAD Hayton

Location: Grid Reference: 8 Cairn Wood, Heads Nook, Brampton, CA8 9AH 349634 555199

Proposal: Proposed Single Storey Rear Extension To Provide Kitchen/Garden Room And New Pitched Roof Over Existing Flat Roof To Garage/Kitchen

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted Planning Application Form, received on 19 Dec 2016;

2. the Location Plan (Dwg No. 16-103-01A), received on 11 Jan 2017;

3. the Block Plan (Dwg No. 16-103-13A), received on 11 Jan 2017;

4. the Existing Elevations Plan (Dwg No. 16-103-03), received on 19 Dec 2016;

5. the Existing Floor Plan (Dwg No. 16-103-02), received on 19 Dec 2016;

6. the Proposed Floor and Elevations Plan (Dwg No. 16-103-12A), received on 12 Jan 2017;

7. the Sectional North West Elevation Plan (Dwg No. 16-103-14), received on 12 Jan 2017;

8. the Notice of Decision; and

9. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The materials (and finishes) to be used in the construction of the proposed development shall be in accordance with the details contained in the submitted application, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure the objectives of Policies HO8 and SP6 of the Carlisle District Local Plan 2015-2030 are met and to ensure a satisfactory external appearance for the completed development.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking and re-enacting that Order), the window on the northeast elevation of the proposed rear extension hereby approved shall be non-opening and obscure glazed to a level of factor 3 or above, and thereafter retained in perpetuity.

Reason: In order to protect the privacy and amenities of residents in close proximity to the site in accordance with Policies HO8 and SP6 of the Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Item no: 06

Appn Ref No: Applicant: Parish: 16/1095 Riverside Group Carlisle

Date of Receipt: Agent: Ward: 22/12/2016 16:02:45 Morton

Location: Grid Reference: Land between Seatoller Close, Highfield Avenue 338106 554196 and Ashness Drive, (Isobel's Green), Carlisle

Proposal: Installation Of Sustainable Urban Drainage System (SUDS Pond) Members resolved to defer consideration of the proposal in order to consider how the SUDS system would work and function and to await a further report on the application at a future meeting of the Committee.

Item no: 07

Appn Ref No: Applicant: Parish: 16/1015 Mr C Wishart Wetheral

Date of Receipt: Agent: Ward: 21/11/2016 23:02:43 Wetheral

Location: Grid Reference: Land at Oakwood, The Stripes, Cumwhinton, 345565 551844 Carlisle, CA4 0AP

Proposal: Erection Of 1no. Dwelling Along With Double Garage Annexe The report was withdrawn from discussion at the meeting due to the application being withdrawn.

Withdrawn by Applicant/or by default

Item no: 08

Appn Ref No: Applicant: Parish: 16/0975 Riverside Carlisle

Date of Receipt: Agent: Ward: 11/11/2016 11:03:00 Storm Tempest Ltd Morton

Location: Grid Reference: Land to the front of 48 to 60 Hallin Crescent, 338424 554298 Carlisle, CA2 6JA

Proposal: Creation Of 9no. Car Parking Spaces For Residents (2No. Disabled Spaces) Together With Footpath Reconstruction

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the Planning Application Form received 11th November 2016; 2. the Location Plan received 11th November 2016 (Drawing no. 02 Rev 01); 3. the Block Plan received 11th November 2016 (Drawing no. 01 Rev 01); 4. the Existing Layout received 11th November 2016 (Drawing no. 1 Rev A); 5. the Proposed Layout received 8th December 2016 (Drawing no. 2 Rev A); 6. the Proposed Cross Sections received 19th December 2016 (Drawing no. 3117-08-16); 7. the Installation Manual Ecogrid Stone received 11th November 2016; 8. the Driveline Priora Permeable Paving Details received 11th November 2016; 9. the Drainage & Soakaway Layout received 18th January 2017 (Drawing no. JDP-1701-08-001); 10. the Micro Drainage Details received 18th January 2017; 11. the Planning Statement received 25th January 2017; 9. the Notice of Decision; 10. any such variation as may subsequently be approved in writing by the local planning authority.

Reason: To define the permission.

3. No development approved by this permission shall be commenced details of the permeability test and calculations demonstrating how the drainage design meets the non-statutory technical standards for sustainable drainage systems shall be submitted to an approved in writing by the local planning authority.

Reason: To ensure a satisfactory means of surface water disposal and in accord with Policy CC5 of the Carlisle District Local Plan 2015-2030.

4. Prior to the commencement of development herby approved, the following details shall be submitted to and approved in writing by the local planning authority: a. adequate protection for the street lamp; b. vehicle crossing construction; c. measures to prevent loose material from the parking bays and its effect on local traffic conditions and public safety.

The development shall then be undertaken in accordance with the approved details.

Reason: To ensure an appropriate standard of development and to minimise the impact on the highway network in acceptance with Policy SP6 of the Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Item no: 09

Appn Ref No: Applicant: Parish: 16/1004 Impact Housing Carlisle Association

Date of Receipt: Agent: Ward: 16/11/2016 23:02:55 Unwin Jones Partnership Castle

Location: Grid Reference: Old Brewery Halls Of Residence, Bridge Street, 339520 556061 Carlisle, CA2 5SR

Proposal: Change Of Use Of Former Halls Of Residence To A Mix Of 1, 2, And 3 Bedroom Affordable Dwellings (36No.); Retention Of Single Bed Wardens Flat Members resolved to give authority to the Corporate Director (Economic Development) to issue approval for the proposal subject to further investigations relating to the proposed parking provision.

Item no: 10

Appn Ref No: Applicant: Parish: 16/1005 Impact Housing Carlisle Association

Date of Receipt: Agent: Ward: 16/11/2016 23:02:55 Unwin Jones Partnership Castle

Location: Grid Reference: Old Brewery Halls Of Residence, Bridge Street, 339520 556061 Carlisle, CA2 5SR

Proposal: Change Of Use Of Former Halls Of Residence To A Mix Of 1, 2, And 3 Bedroom Affordable Dwellings (36No.); Retention Of Single Bed Wardens Flat (LBC) Members resolved to give authority to the Corporate Director (Economic Development) to issue approval for the proposal subject to further investigations relating to the proposed parking provision.

Item no: 11

Appn Ref No: Applicant: Parish: 16/0998 Amato's Restaurant Carlisle

Date of Receipt: Agent: Ward: 16/11/2016 11:02:42 Taylor & Hardy Castle

Location: Grid Reference: 48 Abbey Street, Carlisle, CA3 8TX 339788 555955

Proposal: Removal Of Two Sections Of Internal Stud And Plaster Board Walls On The Ground Floor And The Installation Of Moveable Shutters. (LBC)

Grant Permission

1. The works shall be begun not later than the expiration of 3 years beginning with the date of the grant of this consent.

Reason: In accordance with the provisions of Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990.

2. The approved documents for this Listed Building Consent comprise:

1. the Listed Building Application Form received 16th November 2016; 2. the Location Plan received 16th November 2016; 3. the As Existing & As Proposed Ground Floor Plan received 15th November 2016 (Drawing no. 16071-01A); 4. the Proposed Frame Details received 16th November 2016 (Drawing no. 16071-02A); 5. the Heritage Statement received 16th November 2016; 6. the Notice of Decision.

Reason: To define the permission.

3. The partition screens hereby approved shall be painted the same colour as the adjacent wall upon which they are hung.

Reason: To ensure that the development is appropriate to the character and appearance of the listed building in accordance with Policy HE3 of the Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Item no: 12

Appn Ref No: Applicant: Parish: 16/1054 Mr Mawbray Wetheral

Date of Receipt: Agent: Ward: 02/12/2016 13:02:39 Tsada Building Design Wetheral Services

Location: Grid Reference: Croftfield, Aglionby, Carlisle, CA4 8AQ 344849 556431

Proposal: Part Retrospective Planning Permission For the Change Of Use Of Paddock Area To Provide Additional Garden and Parking Area Together With the Erection Of A Detached Garage

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 2nd December 2016; 2. the Planning Statement received 2nd December 2016; 3. the Planning Statement received 26th January 2017; 4. the proposed storage/garage unit received 23rd January 2017 (Drawing No. 53/2016/1B); 5. the Notice of Decision; and 6. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. No building work hereby permitted shall commence until a sustainable drainage scheme for the site has been completed in accordance with details which have previously been submitted to and agreed in writing by the Local Planning Authority. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the approved details.

Reason: In the interests of highway safety and environmental management. To support Local Transport Plan Policies: LD7, LD8.

4. The proposed development shall be used solely for private, domestic purposes by the occupier(s) of Croftfield, Aglionby whilst resident at the premises and no trade or business shall be carried out therein or therefrom.

Reason: To preclude the possibility of the use of the premises for purposes inappropriate in the locality in accordance with the objectives of Policy SP6 of the Carlisle District Local Plan 2015-2030.

5. The existing hedgerows to be retained to the western, eastern and southern boundaries of the site as indicated on Drawing Number 53/2016/1B shall be retained at a height of not less than 2 metres as measured from the existing ground level.

Reason: In the interests of privacy and amenity in accordance with Policies SP6 and GI6 of the Carlisle District Local Plan 2015-2030.

6. Before any development is commenced on the site, including site works of any description, a protective fence in accordance with B.S. 5837: 2012 shall be erected around the hedges to be retained at the extent of the Root Protection Area as calculated using the formula set out in B.S. 5837. Within the areas fenced off no fires should be lit, the existing ground level shall be neither raised nor lowered, and no materials, temporary buildings or surplus soil of any kind shall be placed or stored thereon. The fence shall thereafter be retained at all times during construction works on the site.

Reason: In order to ensure that adequate protection is afforded to all hedges to be retained on site in support of Policies SP6 and GI6 of the Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Item no: 13

Appn Ref No: Applicant: Parish: 16/9007 Cumbria County Council Carlisle

Date of Receipt: Agent: Ward: 10/10/2016 Cumbria County Council - Currock Economy & Planning

Location: Grid Reference: Community Learning Disability Unit, Arnwood 340267 554206 House, 138 Blackwell Road, Carlisle, CA2 4DL

Proposal: Demolition Of Existing Two Storey Property And Construction Of New Single Storey Building With Parking To Provide Edge Of Care Facilities Within The Local Community

Decision: City Council Observation - Observations Date: 24/10/2016

Decision of: Cumbria County Council

Decision Type: Grant Permission Date: 04/01/2017

Item no: 14

Appn Ref No: Applicant: Parish: 16/0196 Dr J Deeble Wetheral

Date of Receipt: Agent: Ward: 07/03/2016 Great Corby & Geltsdale

Location: Grid Reference: Farndale, Sandy Lane, Heads Nook, Brampton, 347937 555515 CA8 9BQ

Proposal: Removal Of Conditions 8 & 13 To Allow The Retention Of The Existing Bungalow Of Previously Approved Application 13/0916

Decision: Refuse Permission Date: 08/07/2016

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 20/01/2017

Item no: 15

Appn Ref No: Applicant: Parish: 16/0025 Citadel Estates Ltd Carlisle

Date of Receipt: Agent: Ward: 12/01/2016 16:00:31 Squire Patton Boggs (UK) Denton Holme LLP

Location: Grid Reference: Former KSS Factory Site, Constable Street, 339594 554743 Carlisle, CA2 6AQ

Proposal: Demolition Of Redundant Factory Buildings And Erection Of 50no. Dwellings

Decision: Refuse Permission Date: 18/03/2016

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 23/01/2017

Item no: 16

Appn Ref No: Applicant: Parish: 12/0880 Simtor Limited Wetheral

Date of Receipt: Agent: Ward: 25/10/2012 Taylor & Hardy Wetheral

Location: Grid Reference: Land adj. Hallmoor Court, Wetheral, Carlisle, 346400 554732 Cumbria, CA4 8JS

Proposal: Erection Of 27no. Dwellings Members will recall at Committee meeting held on 1st May 2015 that authority was given to the Corporate Director (Economic Development) to issue approval subject to the revision of and addition to the planning conditions together with the completion of a S106 Agreement to secure: a) the provision of affordable housing; b) a financial contribution towards the provision and maintenance of public open space within Wetheral village; c) the maintenance of the informal open space within the site by the developer; d) a financial contribution towards education contribution.

This has been completed and the approval issued on 19th December 2016.

Granted Subject to Legal Agreement

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the Planning Application Form received 26th February 2015; 2. the Site Location Plan received 18th February 2015 (Drawing no. 12031-01); 3. the Block Plan received 13th April 2015 (Drawing no. 12031-12B); 4. the Topographical Survey received 25th October 2012 (Drawing no. 1116/1); 5. the Site Layout received 13th April 2015 (Drawing no. 12031-03K); 6. the House Type A received 18th February 2015 (Drawing no. 12031-05A); 7. the House Type B received 18th February 2015 (Drawing no. 12031-06A); 8. the House Type C received 18th February 2015 (Drawing no. 12031-07A); 9. the House Type D received 18th February 2015 (Drawing no. 12031-08A); 10. the House Type E received 18th February 2015 (Drawing no. 12031-09); 11. the House Type F received 18th February 2015 (Drawing no. 12031-10); 12. the Site Sections A, B, C received 13th April 2015 (Drawing no. 12031-04C); 13. the Landscape Concept Plan received 15th April 2015 (Drawing no. Figure A Rev 03); 14. the Design and Access Statement received 22nd April 2015; 15. the Planning Statement received 22nd April 2015; 16. the Archaeological Desk-Based Assessment And Geophysical Survey received 25th October 2012; 17. the Tree and Hedge Survey Report received 25th October 2012; 18. the Phase 1 Habitat and Scoping Survey For European Protected Species received 25th October 2012; 19. the Noise Assessment received 25th October 2012; 20. the Land Contamination 25th October 2012; 21. the Statement on the means of disposing of both foul drainage and surface water received 25th October 2012 22. the Notice of Decision; 23. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. Notwithstanding any description of materials in the application no development shall be commenced until samples or full details of materials to be used externally on the buildings have been submitted to and approved by the local planning authority. Such details shall include the type, colour and texture of the materials. The development shall then be undertaken in accordance with the approved details.

Reason: To ensure that materials to be used are acceptable and in accord with Policy SP6 of the Carlisle District Local Plan 2015-2030.

4. Particulars of height and materials of all screen walls and boundary fences shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development hereby permitted. The development shall then be undertaken in accordance with the approved details.

Reason: To ensure that the appearance of the area is not prejudiced by lack of satisfactory screening which is not carried out in a co-ordinated manner in accordance with Policy SP6 of the Carlisle District Local Plan 2015-2030.

5. The carriageways & footways etc: shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect full constructional details shall be submitted for approval before work commences on site. No work shall be commenced until these have been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete.

Reason: To ensure a minimum standard of construction in the interests of highway safety and to support Local Transport Plan Policies LD5, LD7 and LD8.

6. The house accesses and parking areas etc: shall be designed, constructed, drained and lit to the satisfaction of the local planning authority and in this respect further details, including longitudinal/ cross sections, shall be submitted to the local planning authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. Any works so approved shall be constructed before the development is regarded as complete.

Reason: To ensure a minimum standard of construction in the interests of highway safety to support Local Transport Plan Policies LD5, LD7 and LD8.

7. Footways shall be provided that link continuously and conveniently to the nearest existing footway, before ‘first occupancy’. Ramps shall be provided on each side of the internal junction in Hallmoor Court, so enable wheelchairs, pushchairs etc. can be safely manoeuvred and shall be constructed as part of the development.

Reason: To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety and to support Local Transport Plan Policies: LD5, LD7, LD8 and Structure Plan Policy L5.

8. No dwelling shall be occupied until the vehicular access and parking requirements have been constructed in accordance with the approved plan and brought into use. These facilities shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the local planning authority.

Reason: To ensure a minimum standard of access provision when the development is brought into use and to support Local Transport Plan Policies LD5, LD7 and LD8.

9. The access and parking/turning requirements, shown on the Plan, shall be substantially met before any building work commences on site so that constructional traffic can park and turn clear of the highway. Before any development takes place, a plan shall be submitted for approval by the local planning authority reserving adequate land for the site offices, material storage and for the parking of vehicles\plant engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works.

Reason: The carrying out of building works without the provision of these facilities is likely to lead to inconvenience and danger to road users. Retention of the facilities ensures an appropriate standard of parking and access for as long as the use continues and to support Local Transport Policies LD5, LD7 and LD8.

10. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the local planning authority.

Site investigations should follow the guidance in BS10175.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CM5 of the Carlisle District Local Plan 2015-2030.

11. Prior to the commencement of development, details of a scheme for surface water drainage and means of disposal, based on sustainable drainage principles and evidence of an assessment of site conditions (inclusive of how the scheme shall be maintained and managed after completion) shall be submitted to and approved in writing by the local planning authority. If after an assessment of site conditions, it is demonstrated that it is necessary to discharge to watercourse, the surface water drainage scheme must be restricted to existing runoff rates including an allowance for climate change. No surface water, no land drainage and no highway drainage shall connect into the public sewerage system (directly or indirectly). The scheme shall be completed, maintained and managed in accordance with the approved details.

Reason: To ensure the most sustainable forms of drainage are investigated and secured, to promote sustainable development and to manage the risk of flooding and pollution in accordance with Policy CM5 of the Carlisle District Local Plan 2015-2030.

12. Prior to the commencement of development, details of a scheme for foul water drainage (inclusive of how the scheme shall be maintained and managed after completion) shall be submitted to and approved in writing by the local planning authority. The details shall demonstrate: a. all foul water draining to a new foul water pumping station with 48 hours foul water storage fitted with a dosing system; b. foul water storage vented through a carbon filter; c. foul water stored shall be pumped at a maximum flow rate not exceeding 8 litres/second.

The scheme shall be completed, maintained and managed in accordance with the approved details.

Reason: To secure proper drainage, promote sustainable development and to reduce the risk of flooding and pollution. in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

13. Before development commences a scheme of tree and hedge protection shall be submitted to and approved in writing by the local planning authority. The scheme shall show the position and type of barriers to be installed. The barriers shall be erected before development commences and retained for the duration of the development.

Reason: To protect trees and hedges during development works in accordance with Policy GI6 of the Carlisle District Local Plan 2015-2030.

14. Within the tree protection fencing approved by Condition 13:

1. no fires shall be lit within 10 metres of the nearest point of the canopy of any retained tree; 2. no equipment, machinery or structure shall be attached to or supported by a retained tree; 3. no mixing of cement or use of other contaminating materials or substances shall take place within, or close enough to, a root protection area that seepage or displacement could cause them to enter a root protection area; 4. no alterations or variations to the approved works or tree protection schemes shall be made without prior written consent of the local planning authority; 5. the tree protection measures shall be retained in good condition and to the satisfaction of the local authority for the duration of the development.

Reason: To protect trees and hedges during development works in accordance with Policy GI6 of the Carlisle District Local Plan 2015-2030.

15. Following completion of construction works and removal of site machinery and materials, protective fencing may be dismantled to permit ground preparation and cultivation works, if required, adjacent to the hedges. Any such ground preparation and cultivation works shall be carried out by hand, taking care not to damage any roots encountered.

Reason: To protect the hedges during development works in accordance with Policy GI6 of the Carlisle District Local Plan 2015-2030.

16. No development shall take place until details of a landscaping scheme have been submitted to and approved in writing by the local planning authority.

Reason: To ensure that a satisfactory landscaping scheme is prepared in accord with Policy SP6 of the Carlisle District Local Plan 2015-2030.

17. All works comprised in the approved details of landscaping shall be carried out either contemporaneously with the completion of individual plots or, in the alternative, by not later than the end of the planting and seeding season following completion of the development.

Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of five years thereafter, are removed without prior written consent from the local planning authority, or die, become diseased or are damaged, shall be replaced in the first available planting season with others of such species and size as the authority may specify.

Reason: To ensure that a satisfactory landscaping scheme is implemented and that if fulfils the objectives of Policies GI6 and SP6 of the Carlisle District Local Plan 2015-2030.

18. No site clearance or works to hedges shall take place during the bird breeding season from 1st March to 31st August unless the absence of nesting birds has been established through a survey and such survey has been agreed in writing beforehand by the local planning authority.

Reason: To protect nesting birds in accordance with Policy GI3 of the Carlisle District Local Plan 2015-2030.

19. No construction work associated with the development hereby approved shall be carried out before 07.30 hours or after 18.00 hours Monday to Friday, before 07.30 hours and 13.00 hours on Saturdays, nor at any times on Sundays or Bank Holidays.

Reason: To prevent disturbance to nearby occupants in accordance with Policy CM5 of the Carlisle District Local Plan 2015-2030.

20. All dwellings are required to be constructed to meet Level 3 of the Code for Sustainable Homes. a. Prior to the commencement of development, a design stage assessment and related certification shall be submitted to and approved in writing by the local planning authority. The assessment and certification shall demonstrate that the dwellings will meet the relevant code level; b. No dwelling shall be occupied until a letter of assurance, detailing how that plot has met the necessary Code Level has been issued by a Code for Sustainable Homes Assessor and approved in writing by the Local Planning Authority; c. Within 6 months of occupation of each dwelling, a Final Certificate certifying that the relevant Code for Sustainable Homes Level for that dwelling has been achieved, shall be submitted to the local planning authority in writing.

Reason: To promote sustainable development in accordance with Policy SP6 of the Carlisle District Local Plan 2015-2030.

21. All private paths, private driveways and other private hardstanding areas shall be constructed of permeable surfaces. The details for these permeable surfaces shall be submitted to the local planning authority and approved in writing prior to the commencement of development. The development shall be constructed in accordance with the approved details.

Reason: To promote sustainable development and to reduce the risk of flooding and pollution in accordance with Policy IP6 of the Carlisle District Local Plan 2015-2030.

22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or an Order revoking or re-enacting that Order, with or without modification), no hard surfaces shall be constructed within the curtilages of the dwelling houses at any time, other than those expressly authorised by this permission or unless subsequently agreed in writing by the local planning authority.

Reason: To promote sustainable development and to reduce the risk of flooding and pollution in accordance with Policy IP6 of the Carlisle District Local Plan 2015-2030.

23. No development hereby approved by this permission shall commence until details of an Armco or similar barrier located in positions where vehicles may be in a position to drive into or roll onto the railway or damage the lineside fencing have been submitted to and approved in writing by the local planning authority. Network Rail's existing fencing / wall must not be removed or damaged. Given the considerable number of vehicle movements likely provision should be made at each turning area/roadway/car parking area adjacent to the railway particularly at the turning head between plots 12 and 13.

Reason: To ensure the adjacent transport infrastructure is not adversely affected by the development.

24. Where excavations/piling/buildings are to be located within 10 metres of the railway boundary, no development shall commence until a Method Statement has been submitted to and approved in writing by the local planning authority in consultation with Network Rail. Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic.

Reason: To ensure the adjacent transport infrastructure is not adversely affected by the development.

25. No external lighting shall be installed on Plots 1 to 13 shown on Drawing no. P04B received on 13th April 2015 without the prior written approval of the local planning authority. The lighting shall be installed in accordance with the approved details and shall not be altered, modified or addition lighting installed without the further written consent of the local planning authority.

Reason: To ensure that the operational safety of the adjacent transport infrastructure is not adversely affected by the development.

26. No development hereby approved by this permission shall commence until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The development shall then be undertaken in accordance with the approved details.

Reason: To ensure that the operational safety of the adjacent transport infrastructure is not adversely affected by the development.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect.

In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified.

Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area.

Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings.

Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership.

Outside these locations development will be assessed against the needs to be in the location specified.

Item no: 17

Appn Ref No: Applicant: Parish: 16/0363 REG Windpower Ltd Arthuret

Date of Receipt: Agent: Ward: 20/04/2016 Summit Planning Longtown & Rockcliffe Associates Ltd

Location: Grid Reference: Land at Hallburn Farm, Hallburn, Longtown, 341304 567849 Carlisle, Cumbria

Proposal: Variation Of Condition 2 (Approved Plans) To Alter Blade Rotor Diameter On Turbines To 100 Metres - Maximum Tip Height Is Retained At 126.5m Of Previously Approved Application 13/0865 Members will recall at Committee meeting held on 3rd June 2016 that authority was given to the Corporate Director (Economic Development) to issue approval subject to a Deed of Variation to the S106 legal agreement. These details were received and the approval issued on 12th January 2017.

Granted Subject to Legal Agreement

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 20th April 2016;

2. the letter from the applicant received 20th April 2016;

3. drawing nos. RS-802-HALLB-01 (Site Location Plan); -02 (Red Line Plan); -04 (Generic Control Room); and 802_PTEP_012_1.00 (Proposed Turbine Elevation Plan) received 20th April 2016;

4. the Environmental Statement (comprising Volumes 1A/ 1B/ 2 and a Non-Technical Summary) from Hyder, October; and Bird Collision Risk Assessment Update prepared by Dr S Percival of Ecology Consulting received 20th April 2016; Updated ES Chapter 14 - Shadow Flicker and Shadow Flicker Detailed Results ES Appendix 14.1 undertaken by Green Peninsula Co Ltd received 20th April 2016; and Updated Figure 14.1 Hallburn Farm, Longtown Shadow Flicker Map (Map no. CLP-HBF-019 Revision r1) received 20th April 2016;

5. a letter from AMEC dated 02.06.14 in response to comments from Solway AONB;

6. two wireframe viewpoints and an accompanying letter from AMEC dated 03.06.14 relating to the Star of Caledonia site;

7. Supplementary Environmental information (inclusive of a Non-Technical Summary and LVIA Figures) (Hyder, May 2014);

8. e-mail from Development Manager of REG Windpower to Case Officer sent 05/06/2014 at 18.27 hours;

9. the Notice of Decision; and

10. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

2. No turbine hereby permitted shall be erected unless and until a Radar Mitigation Scheme has been submitted to and approved in writing by the Local Planning Authority to address the impact of the wind farm upon air safety. In this condition “Radar Mitigation Scheme” means a scheme designed to mitigate the impact of the development upon the operation of the Watchman Primary Surveillance Radar at RAF Spadeadam – Deadwater Fell (“the Radar”) and the air traffic control operations of the Ministry of Defence which are reliant upon the Radar. The Radar Mitigation Scheme will set out the appropriate measures to be implemented to mitigate the impact of the development on the Radar and shall be in place for the operational life of any turbine hereby permitted provided the Radar remains in operation.

Reason: In the interests of air safety.

3. The development shall be carried out in accordance with the conditions 1, 2 (as amended), 3 - 19 (inclusive) and 21 - 28 (inclusive) attached to the planning permission granted under application number 13/0865; and the details subsequently approved under applications 15/0913 and 15/1047.

Reason: For the avoidance of doubt.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE29 - Land Affected By Contamination

Development on land known or thought to be contaminated will be permitted provided that contaminant sources, pathways and human and environmental receptors are clearly identified in a risk assessment and measures taken to treat, contain and control contamination so as not to: 1 Expose the occupiers of a development and neighbouring land uses to unacceptable risk; 2 Cause the contamination of adjoining land or allow contamination to continue; 3 Lead to the contamination of any watercourse, water body or aquifer; 4 Have an unacceptable adverse effect on habitats and ecosystems; 5 Cause harm to buildings, animals or crops

The Policy will also apply to proposed development on or within 250 metres of an existing landfill or a site known to be used for landfill within the last 30 years.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP8 - Renewable Energy

Proposals for renewable energy will be favourably considered provided that all of the following criteria are satisfied: 1 there is no unacceptable visual impact on the immediate and wider landscape and townscape; 2 there is no adverse impact on biodiversity; 3 any new structures would be sensitively incorporated into the surrounding landscape/ townscape and/or habitat and respect the local landscape character; 4 measures are taken to mitigate any noise, smell or other nuisance or pollutants likely to affect nearby occupiers, amenities and/or neighbouring land uses; 5 any waste arising as a result of the development is minimised and dealt with using a suitable means of disposal; 6 there would be no unacceptable levels of harm to features designated as of local, national or international importance; 7 adequate provision can be made for access and parking and the potential impact on the road network; 8 there would be no unacceptable conflict with any existing recreational facilities or routes; 9 there would be no unacceptable cumulative effects when proposals are considered together with any extant planning approvals or other existing renewable energy developments.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP8 - Renewable Energy