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: : 16/0049 Mr Brown

Date of Receipt: Agent: Ward: 20/01/2016 11:00:14 Harrison Stringfellow Architects

Location: Grid Reference: Land adjacent to Boustead Hill House, Boustead 329264 559023 Hill, , Carlisle, CA5 6AA

Proposal: Erection Of 2no. Holiday Units Together With Single Storey Store Associated Landscaping And 2no. Seasonal Camping Pitches Refuse Permission

1. Reason: The application site is an undeveloped field that lies within the Solway Coast Area of Outstanding Natural Beauty (AONB). The proposal is seeking to erect a two-storey four bedroom holiday unit (Unit 1), a two-storey one bedroom holiday unit (Unit 2) and a store on the site. The east and west elevations and the roof of Unit 1 and Units 2 and 3 would be constructed of black fibre cement profiled cladding and given the elevated nature of the site the buildings would be prominent. This material, which is not a traditional material, is not present in Boustead Hill, with the neighbouring properties being constructed of brick and stone. The design of the buildings (in terms of scale, height, massing and materials) does not respond to the local context and form of the surrounding buildings and would have a detrimental impact on the character of the area. The proposal would, therefore, be contrary to Policy CP1 (Landscape Character), criteria 1, 2 and 3 of Policy CP5 (Design), Policy CP7 (Use of Traditional Materials) and criteria 1 and 2 of Policy EC16 (Tourism Development) of the Carlisle District Local Plan 2001-2016; and Policy GI1 (Landscapes), criterion 1 of Policy GI2 (Areas of Outstanding Natural Beauty), criteria 1, 2 and 3 of Policy SP6 (Securing Good Design) and criterion 1 of Policy EC9 (Arts, Culture, Tourism and Leisure Development) of the emerging Carlisle District Local Plan 2015-2030. 2. Reason: Boustead Hill House, which is Grade II Listed, lies to the north west of the site and would be clearly visible in conjunction with the proposed development. The design of the buildings (in terms of scale, height, massing and materials) does not respond to the local context and form of the surrounding buildings and would have a detrimental impact on the setting of this Listed Building. The proposal would, therefore, be contrary to the objectives of Sections 66(1) of the Planning (Listed Building and Conservation Areas) Act 1990; Policy LE12 (Proposals Affecting Listed Buildings) of the Carlisle District Local Plan 2001-2016; and Policy HE3 of the emerging Carlisle District Local Plan 2015-2030.

3. Reason: The proposal would lead to the removal of a mature ash tree, which is located on the southern site boundary and which makes a positive contribution to the character of the area. The proposal would, therefore, be contrary to Policy CP3 (Trees and Hedges on Development Sites) of the Carlisle District Local Plan 2001-2016; and Policy GI6 (Trees and Hedgerows) of the emerging Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

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

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Cumwhinton Raughton Head Dalston Rockcliffe 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.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC16 - Tourism Development

Priority will be given for tourism related development in the City of Carlisle in accordance with Structure Plan Policy EM15. Proposals will be supported in Carlisle and elsewhere where they contribute towards the economic and physical regeneration of an area provided that the following criteria are met: 1 The scale and design of the development are compatible with the surrounding area; and 2 There would be no unacceptable adverse impact on the landscape/townscape; and 3 Adequate access by a choice of means of transport, including sustainable modes of travel such as cycling or long distance walking, and appropriate car parking can be achieved; and 4 The level of traffic generated can be adequately accommodated within the local road network without detriment to the particular rural character of the area; and 5 If the proposal is within a rural area it is well related to an established tourist attraction or an existing group of buildings, or would form an important element of a farm diversification scheme; and 6 The distinctive environment, culture and history of the area are safeguarded.

Hadrian’s Wall World Heritage Site is a major attraction for sustainable tourism and proposals for new tourism development which aim to promote the enjoyment and understanding of the WHS whilst meeting the above criteria will be permitted.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

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 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level.

In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground. The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP6 - Residential Amenity

The amenity of residential areas will be protected from inappropriate development where that development: 1 is for a use inappropriate for residential areas; and/or 2 is of an unacceptable scale; and/or 3 leads to an unacceptable increase in traffic or noise; and/or 4 is visually intrusive.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision can not be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP15 - Access, Mobility And Inclusion

Development proposals should make provision for easy, safe and inclusive access to, into and within buildings and facilities. The layout and design of developments should meet the requirements of accessibility and inclusion for all potential users regardless of disability, age or gender. The Council will have regard to the following criteria when assessing development proposals: 1 The design of entrances and exits and ease of permeation through and between developments in terms of street furniture, circulation areas and pedestrian routes; 2 The location of any development proposal in relation to its potential users; 3 Accessibility to all transport modes and provision of adequate parking for disabled people; 4 Provision of on-site facilities such as public toilets, and appropriate signage

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE7 - Buffer Zone On Hadrian’s Wall World Heritage Site

Within the buffer zone of Hadrian's Wall Military Zone World Heritage Site, as defined on the Proposals Map, proposals for development which would have an unacceptable impact on the character and/or setting of the World Heritage Site will not be permitted. Development within or adjacent to existing settlements, established farmsteads and other groups of buildings will be permitted, where it is consistent with other policies of this Plan, providing that: 1 the proposal reflects the scale and character of the existing group of buildings; and 2 there is no unacceptable adverse effect on the character and/or appearance of the Hadrian's Wall Military Zone World Heritage Site.

Within the outer visual envelope, beyond the Hadrian's Wall Military Zone World Heritage Site, proposals for major development which would have an adverse effect on the character of the World Heritage Site will not be permitted unless the need for the development outweighs the environmental costs.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 02

Appn Ref No: Applicant: Parish: 16/0497 Mr George Graham Burgh-by-Sands

Date of Receipt: Agent: Ward: 06/06/2016 Mr Stewart Gray Burgh

Location: Grid Reference: Sechelt, Longburgh, Burgh by Sands, Carlisle CA5 330862 558649 6BJ

Proposal: Erection Of 1no. Dwelling

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 23rd June 2016; 2. the additional information received 27th July 2016; 3. the site location plan received 22nd July 2016; 4. the block plan received 27th July 2016; 5. the floor plans and elevations received 22nd July 2016; 6. the Notice of Decision; and 7. 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 building have been submitted to and approved by the Local Planning Authority. Such details shall include the type, colour and texture of the materials.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the emerging Carlisle District Local Plan 2015-2030.

4. No development shall take place until full details of hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of the dwelling. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season.

Reason: To ensure that a satisfactory landscaping scheme is prepared and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the emerging Carlisle District Local Plan 2015-2030.

5. The access road/parking areas etc shall be designed, constructed and drained to the satisfaction of the Local Planning Authority and in this respect full engineering details, shall be submitted to the Local Planning Authority for approval prior to the commencement of any development.

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

6. There shall be no interference with the public's right of way over Public Footpath No. 106011.

Reason: In order to prevent any obstruction to a public right of way in accord with Policy LC8 of the Carlisle District Local Plan 2001-2016 and Policy GI5 of the emerging Carlisle District Local Plan 2015-2030.

7. Full details of the foul and surface water drainage systems shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

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

8. The flanks of the first floor balcony on the rear elevation of the dwelling shall be obscurely glazed to a minimum Factor 3 and thereafter retained as such to the satisfaction of the Local Planning Authority.

Reason: In order to protect the privacy and amenities of residents in close proximity to the site in accordance with Policies CP5 and H11 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the emerging Carlisle District Local Plan 2015-2030.

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order) there shall be no enlargement or external alterations to the dwelling hereby permitted within the meaning of Schedule 2 Part (1) of these Orders, without the written approval of the Local Planning Authority.

Reason: To ensure that the character and attractive appearance of the subsequently approved dwelling is not harmed by inappropriate alterations and/or extensions and that any additions which may subsequently be proposed satisfy the objectives of Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the emerging Carlisle District Local Plan 2015-2030.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order), no additional windows shall be inserted above the ground floor on the north east gable elevation without the prior written consent of the Local Planning Authority.

Reason: In order to protect the privacy and amenities of residents in close proximity to the site and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the emerging Carlisle District Local Plan 2015-2030.

11. No work associated with the construction of the residential unit hereby approved shall be carried out before 07.30 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 CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Carlisle District Local Plan 2015-2030.

12. 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. 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 CP13 of the Carlisle District Local Plan 2001-2016 and Policy CM5 of the emerging Carlisle District Local Plan 2015-2030.

13. Before development hereby approved by this permission commences, a scheme for the conveyance of foul drainage shall be submitted to and approved in writing by the Local Planning Authority. The property shall not be occupied until such drainage details have been constructed and completed in accordance with the approved plans.

Reason: To ensure the provision of an adequate drainage scheme in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

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.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

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 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level. In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground.

The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision can not be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Housing - Policy H9 - Backland Development

Proposals for housing development, where appropriate, in large back gardens or behind existing housing developments will be acceptable providing that: 1 the scale, design and siting of the proposal is appropriate for the site and is in keeping with the character and quality of the local environment; and 2 there is no loss of amenity to surrounding properties; and 3 existing landscape features are retained and additional planting is included as an integral part of the scheme; and 4 appropriate access and car parking can be achieved.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport. Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC8 - Rights Of Way

Carlisle City Council will seek to retain all existing footpaths, bridleways and other rights of way and to establish new routes wherever possible. New development will seek to maintain the existing rights of way network and where possible local improvements and extensions will be sought as part of new developments. Proposals to close or divert existing rights of way will not be permitted unless an alternative route is available which is attractive, serves the same area and is not significantly longer than the original route.

Item no: 03

Appn Ref No: Applicant: Parish: 16/0586 Wetheral Parish Council Wetheral

Date of Receipt: Agent: Ward: 24/06/2016 Jock Gordon Architectural Great Corby & Geltsdale SVS Ltd

Location: Grid Reference: Downagate Community Centre, Church Road, 347145 556610 Warwick Bridge, Carlisle, CA4 8RE

Proposal: Erection Of First Floor Above Existing Function Room To Provide New Function Room, Balcony And External Escape Staircase Together With Internal Alterations To Existing Layout 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 24 June 2016; 2. Location Plan, received 24 June 2016 (Dwg 3128/1); 3. Block Plan, received 24 June 2016 (Dwg 3128/2); 4. As Existing Ground Floor Plan, received 24 June 2016 (Dwg 3128/3); 5. As Existing Elevations, received 24 June 2016 (Dwg 3128/4); 6. As Existing Elevations, received 24 June 2016 (Dwg 3128/5); 7. As Proposed Ground Floor Plan, received 24 June 2016 (Dwg 3128/6); 8. As Proposed First Floor Plan, received 11 August 2016 (Dwg 3128/7C); 9. As Proposed Elevations, received 24 June 2016 (Dwg 3128/8); 10. As Proposed Elevations, received 24 June 2016 (Dwg 3128/9); 11. Details of Proposed Stair Lift, received 11 July 2016; 12. Flood Risk Assessment, received 27 June 2016; 13. the Notice of Decision; and 14. 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 Policy CP5 of the Carlisle District Local Plan 2001-2016 are met and to ensure a satisfactory external appearance for the completed development.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC2 - Primary Leisure Areas

Within Primary Leisure Areas proposals that relate to and complement the existing use and are appropriate in character and scale to the surroundings, will be acceptable. Development or change of use of Primary Leisure Areas to non-sport or recreation uses will not be permitted unless: 1 an alternative open space can be provided which is equivalent in terms of size, quality, accessibility, usefulness and attractiveness; or 2 the Open Space, Sports and Recreational Facilities Audit indicates that the ward has a surplus of open space.

The Local Planning Authority will aim to achieve the following standards of recreational open space provision:  3.6 hectares of land/1000 population of informal and formal grassed, wooded or landscaped land, and small amenity areas of public open space;  1.86 hectares of playing pitches/1000 population;  all dwellings should be within 3km of an open space of at least 20 hectares which provides general facilities for recreational activity within a landscaped setting;  all dwellings should be within 1km of an open space of between 5 and 20 hectares which provides general facilities for recreation provision within a landscaped setting;  all dwellings should be within 400 metres of an open space of between 2 and 10 hectares which caters for informal recreational needs;  all dwellings should be within 200 metres of a small formal or informal open space between 0.2 and 2 hectares that is suitable for informal use and has high amenity value.

Permission will not be given for development where it would lead to a reduction in the target for recreational open space provision/1000 population in the ward in which it is proposed.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE27- Developed Land In Floodplains

Development on previously developed land which is at risk of flooding will only be permitted provided that a Flood Risk Assessment has been submitted with the planning application that confirms:

1 no other lower risk alternative site exists in the case of proposed development in Zone 3 (High Probability of river and/or sea flooding); and 2 flood defence measures to the appropriate standard are already in place or can be provided; and 3 adequate flood plain storage capacity can be provided; and 4 the development will not interfere with flood flows nor increase flood risk elsewhere; and 5 access and egress could be reasonably maintained at times of flood risk; and 6 adequate flood warning and evacuation procedures will be provided; and 7 mitigation measures will be provided where necessary; and 8 the building materials are appropriate for a flood risk area.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection. Item no: 04

Appn Ref No: Applicant: Parish: 16/0478 Mr & Mrs Simmons Dalston

Date of Receipt: Agent: Ward: 31/05/2016 23:00:08 Dalston

Location: Grid Reference: 17 Glebe Close, Dalston, Carlisle, CA5 7JE 336447 549946

Proposal: Erection Of 1.65 Metre (Maximum Height) Fence To Side Of Property (Part Retrospective) Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 31st May 2016; 2. the site location plan received 31st May 2016; 3. the proposed layout plan and elevations received 8th July 2016; 4. the proposed plan, scale 1:1250, showing the position of the proposed fence in relation to existing visibility splays received 1st July 2016; 5. the supporting statement received 12th July 2016; 6. the Notice of Decision; and 7. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

2. Within two months from the date of the permission hereby approved, the existing fence shall be removed. The boundary treatment hereby approved shall be completed in accordance with the approved drawing (received 8th July 2016) and the fence panels stained brown. The boundary treatment shall be retained thereafter as such unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is undertaken in a manner that respects and preserves the character/appearance of the surrounding area. In accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Emerging Carlisle District Local Plan 2015-2030.

3. The development shall not commence until visibility splays providing clear visibility of 2 metres measured 2 metres from the rear of the drive and the back of the pavement have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) () Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

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

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 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Item no: 05

Appn Ref No: Applicant: Parish: 15/1003 Loving Land Limited St Cuthberts Without

Date of Receipt: Agent: Ward: 29/10/2015 23:00:20 Telford Planning Multiple Wards Associates

Location: Grid Reference: Land off St Ninians Road and Cammock Crescent, 341500 553314 Carlisle

Proposal: Residential Development (Outline) Members resolved to give authority to the Director (Economic Development) to issue approval for the proposal subject to the completion of a S106 Agreement to:

1. secure the submission of a Travel plan and a checking and monitoring contribution to the amount of £6600; 2. provision of affordable housing; 3. public open space contribution.

Item no: 06

Appn Ref No: Applicant: Parish: 15/1071 Mr Stephen Komolafe Irthington

Date of Receipt: Agent: Ward: 23/11/2015 BW Architecture Stanwix Rural

Location: Grid Reference: Sportsman Inn, Laversdale, Irthington, Carlisle, CA6 347600 562592 4PJ

Proposal: Change Of Use From Pub To 2no. Dwellings 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 23rd November 2015; 2. the Design and Access Statement received 23rd November 2015; 3. the site plan as existing received 25th November 2015 (Drawing No. 1447_01); 4. the ground floor plan as existing received 25th November 2015 (Drawing No. 1447_02); 5. the first floor plan as existing received 25th November 2015 (Drawing No. 1447_03); 6. the roof plan as existing received 25th November 2015 (Drawing No. 1447_04); 7. the ground floor plan as proposed received 22nd June 2016 (Drawing No. 1447_05C); 8. the first floor plan as proposed received 25th November 2015 (Drawing No. 1447_06); 9. the roof plan as proposed received 25th November 2015 (Drawing No. 1447_07); 10. the elevations as existing received 25th November 2015 (Drawing No. 1447_08); 11. the elevations as proposed received 25th November 2015 (Drawing No. 1447_09); 12. the location plan received 25th November 2015 (Drawing No. 1447_13); 13. the site plan as proposed received 22nd June 2016 (Drawing No. 1447_15B); 14. the site plan as proposed received 22nd June 2016 (Drawing No. 1447_17F); 15. the Notice of Decision; and 16. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The development shall not commence until visibility splays providing clear visibility as shown on the approved plan have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

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

4. The use shall not commence until the access, parking and turning requirements have been implemented in accordance with the approved plan. Any access, parking and turning provision shall be retained and be capable of use when the development is completed 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. To support Local Transport Plan Policies: LD5, LD7.

5. There shall be no interference with the public's right of way over Public Footpath No. 119019 which should not be obstructed during, or after the completion of any site works.

Reason: In order to prevent any obstruction to a public right of way. To support Local Transport Plan Policies: LD7, LD8.

Relevant Development Plan Policies

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.

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 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC13 - Sustaining Rural Facilities And Services

Outside the key service centres of Brampton and Longtown, the change of use of a local shop, public house, post office, doctor’s surgery, dental surgery, school, bank, church/chapel, village hall or other facility considered important to the community will only be permitted where it can be demonstrated that: 1 Its current use is no longer viable and there is currently scope for an alternative community use; and 2 There is adequate alternative provision in the locality to serve the local community; and 3 All options for their continuance have been fully explored.

Proposals for the development of or extension to village services and facilities, including proposals which will assist in their retention, will be permitted provided that: 1 The scale and design does not adversely affect the local built environment or and respects local landscape character; and 2 It does not have an adverse impact upon residential amenity; and 3 Appropriate parking and servicing arrangements can be made.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE7 - Buffer Zone On Hadrian’s Wall World Heritage Site

Within the buffer zone of Hadrian's Wall Military Zone World Heritage Site, as defined on the Proposals Map, proposals for development which would have an unacceptable impact on the character and/or setting of the World Heritage Site will not be permitted. Development within or adjacent to existing settlements, established farmsteads and other groups of buildings will be permitted, where it is consistent with other policies of this Plan, providing that: 1 the proposal reflects the scale and character of the existing group of buildings; and 2 there is no unacceptable adverse effect on the character and/or appearance of the Hadrian's Wall Military Zone World Heritage Site.

Within the outer visual envelope, beyond the Hadrian's Wall Military Zone World Heritage Site, proposals for major development which would have an adverse effect on the character of the World Heritage Site will not be permitted unless the need for the development outweighs the environmental costs.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC8 - Rights Of Way

Carlisle City Council will seek to retain all existing footpaths, bridleways and other rights of way and to establish new routes wherever possible. New development will seek to maintain the existing rights of way network and where possible local improvements and extensions will be sought as part of new developments. Proposals to close or divert existing rights of way will not be permitted unless an alternative route is available which is attractive, serves the same area and is not significantly longer than the original route.

Item no: 07

Appn Ref No: Applicant: Parish: 16/0448 Mr Brown Dalston

Date of Receipt: Agent: Ward: 20/05/2016 23:00:08 Black Box Architects Dalston Limited

Location: Grid Reference: Bridge End Inn, Bridge End, Dalston, Carlisle, CA5 337055 548701 7BH

Proposal: Erection Of Detached Domestic Garage/Workshop (Revised/Part Retrospective Application) Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 23rd May 2016; 2. drawing number 16-112-01 Rev A (Plans and Elevations) received 24th May 2016; 3. the Notice of Decision; and 4. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

2. The garage hereby permitted shall not be used except for private and domestic purposes and shall at no time be used for any commercial or business purposes whatsoever.

Reason: To preclude the possibility of the use of the premises for purposes inappropriate in the locality.

3. This permission relates to the provision of a domestic garage ancillary to the existing residential accommodation at the Bridge End Inn all of which shall be occupied as one planning unit by the applicant and by members of his family or those of his/their successors in title. Under no circumstances shall the applicant or his successors in title subsequently sell, let or in any way dispose of or use or permit to be used any part of the garage hereby approved, independently of the remainder of the overall property.

Reason: To ensure that the use of the garage is not carried out independent of the remainder of the premises.

4. No planting/landscaping adjacent to the boundary with the B5299 shall be planted or permitted to grow so as to cause an obstruction within the visibility splays.

Reason: In the interests of highway safety.

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 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level.

In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground.

The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP6 - Residential Amenity

The amenity of residential areas will be protected from inappropriate development where that development: 1 is for a use inappropriate for residential areas; and/or 2 is of an unacceptable scale; and/or 3 leads to an unacceptable increase in traffic or noise; and/or 4 is visually intrusive.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE19 - Conservation Areas

The City Council will continue to review existing and designate new conservation areas. Development proposals within and adjoining conservation areas will be granted planning permission provided they preserve or enhance their character and appearance. Any new development or alterations to existing buildings should harmonise with their surroundings and be in sympathy with the setting, scale, density and physical characteristics of conservation areas, and protect important views into or out of such areas. Applications for outline planning permission will not be accepted for proposals in conservation areas. Proposals for new development and/or alterations to buildings in conservation areas will be judged against the following criteria:

1 the development should preserve or enhance all features which contribute positively to the area's character or appearance, in particular the design, massing and height of the building should closely relate to adjacent buildings and should not have an unacceptable impact on the townscape or landscape; 2 the development should not have an unacceptable impact on the historic street pattens and morphology, roofscape, skyline and setting of the conservation area, important open spaces or significant views into, out of and within the area; 3 development proposals should not result in the amalgamation or redrawing of boundaries between traditional buildings and plots, or demolition and redevelopment behind retained facades; 4 wherever practicable traditional local materials such as brick, stone and slate should be used and incongruous materials should be avoided; 5 individual features both on buildings and contributing to their setting, should be retained e.g. doorways, windows, shopfronts, garden walls, railings, cobbled or flagged forecourts, sandstone kerbs, trees and hedges, etc. Where features have deteriorated to the extent to which they have to be replaced, the replacement should match the original; 6 proposals which would generate a significant increase in traffic movements and heavy vehicles or excessive parking demands will not be permitted since these would be prejudicial to amenity; 7 proposals which would require substantial car parking and servicing areas which can not be provided without an adverse effect on the site and its surroundings will not be permitted.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 08

Appn Ref No: Applicant: Parish: 16/0449 Mr Brown Dalston

Date of Receipt: Agent: Ward: 20/05/2016 23:00:08 Black Box Architects Dalston Limited

Location: Grid Reference: Bridge End Inn, Bridge End, Dalston, Carlisle, CA5 337055 548701 7BH

Proposal: Erection Of Detached Domestic Garage/Workshop (Revised/Part Retrospective Application) (LBC) Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form 23rd May 2016; 2. drawing number 16-112-01 Rev A (Plans and Elevations) received 24th May 2016; 3. the Notice of Decision; and 4. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the consent.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE19 - Conservation Areas

The City Council will continue to review existing and designate new conservation areas. Development proposals within and adjoining conservation areas will be granted planning permission provided they preserve or enhance their character and appearance. Any new development or alterations to existing buildings should harmonise with their surroundings and be in sympathy with the setting, scale, density and physical characteristics of conservation areas, and protect important views into or out of such areas. Applications for outline planning permission will not be accepted for proposals in conservation areas.

Proposals for new development and/or alterations to buildings in conservation areas will be judged against the following criteria:

1 the development should preserve or enhance all features which contribute positively to the area's character or appearance, in particular the design, massing and height of the building should closely relate to adjacent buildings and should not have an unacceptable impact on the townscape or landscape; 2 the development should not have an unacceptable impact on the historic street pattens and morphology, roofscape, skyline and setting of the conservation area, important open spaces or significant views into, out of and within the area; 3 development proposals should not result in the amalgamation or redrawing of boundaries between traditional buildings and plots, or demolition and redevelopment behind retained facades; 4 wherever practicable traditional local materials such as brick, stone and slate should be used and incongruous materials should be avoided; 5 individual features both on buildings and contributing to their setting, should be retained e.g. doorways, windows, shopfronts, garden walls, railings, cobbled or flagged forecourts, sandstone kerbs, trees and hedges, etc. Where features have deteriorated to the extent to which they have to be replaced, the replacement should match the original; 6 proposals which would generate a significant increase in traffic movements and heavy vehicles or excessive parking demands will not be permitted since these would be prejudicial to amenity; 7 proposals which would require substantial car parking and servicing areas which can not be provided without an adverse effect on the site and its surroundings will not be permitted.

Item no: 09

Appn Ref No: Applicant: Parish: 16/0468 Mr Simon Clark Wetheral

Date of Receipt: Agent: Ward: 26/05/2016 Wetheral

Location: Grid Reference: Myrtle House, Cotehill, Carlisle, CA4 0DZ 346847 550345

Proposal: Erection Of Detached Double Garage (Part Retrospective) Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 26th May 2016; 2. the site location, block plan, proposed floor plans and elevations received 26th July 2016; 3. the letter from the applicant confirming that the garage will be for domestic purposes; 4. the details of the colour of the windows received 5th August 2016; 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.

2. The building hereby permitted shall be used as a domestic garage and store and for no other purpose.

Reason: To preclude the possibility of the use of the premises for purposes inappropriate in the locality and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Emerging Carlisle District Local Plan 2015-2030.

3. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority.

Reason: In the interests of road safety. To support Local Transport Plan Policies: LD5, LD7 and LD8.

4. The access and parking provision in the garage hereby approved shall be retained and be capable of use when the development is completed 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. To support Local Transport Plan Policies LD5 and LD7.

5. The colour of the proposed finish material of the windows in the garage hereby approved shall be in accordance with the details submitted in an email from the applicant on the 5th August 2016. If any other colour is proposed this should be submitted to and approved in writing by the Local Planning Authority before any further work is commenced.

Reason: To ensure the works harmonise as closely as possible with the existing building in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Emerging Carlisle District Local Plan 2015-2030.

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 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H11 - Extensions To Existing Residential Premises

Applications for extensions to existing dwellings will be approved provided the City Council is satisfied that the proposals are appropriate to the dwelling, its design and setting. Inappropriate extensions which adversely affect the amenities of adjacent properties by poor design, unreasonable overlooking and/or unreasonable loss of daylight and sunlight will not be permitted. Extensions must be of an appropriate scale and not dominate the original dwelling.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Item no: 10

Appn Ref No: Applicant: Parish: 16/0476 Mr Holder Dalston

Date of Receipt: Agent: Ward: 27/05/2016 13:00:08 Kate Bellwood Associates Dalston

Location: Grid Reference: Dalston Hall Caravan Park, Dalston, Carlisle, CA5 337701 551733 7JX

Proposal: Variation Of Condition 2 (Restriction Of Colours Of Holiday Lodges & Static Caravans To Green, Brown & Beige) and Removal of Condition 3 (Holiday Occupation Of Holiday Lodges & Static Caravans Between 1st March and 31 January) of Planning Approval 11/0176 Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 7th July 2016; 2. the Design and Access Statement received 7th July 2016; 3. the additional information received from the Agent received 18th July 2016; 4. the site location plan received 6th July 2016; 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.

2. The site manager/owner shall keep a register to monitor the occupation of the holiday lodges/static caravans subject of this approval. Any such register shall be available for inspection by the Local Planning Authority at any time when so requested and shall contain details of those persons occupying the caravans, their name, normal permanent address and the period of occupation.

Reason: To ensure that the approved caravans are not used for unauthorised permanent residential occupation in accordance with the objectives of Policy EC15 of the Carlisle District Local Plan 2001-2016 and Policy EC10 of the emerging Carlisle District Local Plan 2015-2030.

3. The development shall be undertaken in accordance with conditions 4, 5 and 6 attached to planning permission granted under reference 11/0176 (or otherwise as amended) unless otherwise approved in writing by the Local Planning Authority.

Reason: For the avoidance of doubt.

Relevant Development Plan Policies

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.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC15 - Tourism Caravan Sites

Proposals for the development of caravan sites will be acceptable provided that: 1 The siting and scale of the proposal does not have an unacceptable adverse effect on the character of the local landscape; and 2 The site is adequately landscaped; and 3 The site is contained within existing landscape features; and 4 The level of traffic generated by the proposal can be adequately accommodated by the local road network without detriment to the particular rural character of the area; 5 Adequate access and appropriate car parking can be provided.

In addition, the Council will consider the need to impose seasonal restrictions through the use of planning conditions to safeguard the environment and landscape through the winter months.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE6 - Scheduled/Nationally Important Ancient Monuments

Development will not be permitted where there is an unacceptable impact on scheduled and other nationally important ancient monuments and their settings.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Item no: 11

Appn Ref No: Applicant: Parish: 16/0423 Mr G Godber Carlisle

Date of Receipt: Agent: Ward: 13/05/2016 Tyler Design Services Belle Vue

Location: Grid Reference: Land to the rear of 18 Shady Grove Road, Carlisle, 338103 555474 CA2 7LE

Proposal: Variation Of Condition 2 (Approved Documents) Of Previously Approved Permission 13/0432 Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 14th May 2016; 2. Site Location Plan (Dwg. GG/DWELL/SLP) received 14th May 2016; 3. Proposed Site Block Plan (Dwg. GG/DWELL/SBP) received 14th May 2016; 4. Existing Elevations - Proposed Conversion of Existing Outhouses to a 2no. Bedroom Dwelling (Dwg. GG/DWELL/ELEV1 Rev B) received 14th May 2016; 5. Proposed Elevations - Proposed Conversion of Existing Outhouses to a 2no. Bedroom Dwelling (Dwg. GG/DWELL/ELEV2 Rev A) received 14th May 2016; 6. Existing Floor Plans - Proposed Conversion of Existing Outhouses to a 2no. Bedroom Dwelling (Dwg. GG/DWELL/FP2 Rev A) received 14th May 2016; 7. Proposed Floor Plans - Proposed Conversion of Existing Outhouses to a 2no. Bedroom Dwelling (Dwg. GG/DWELL/FP1 Rev B) received 14th May 2016; 8. the Design and Access Statement (Ref. May 2016) received 14th May 2016; 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. The development shall be carried out in accordance with the conditions imposed under the planning permission granted under application number 13/0432.

Reason: For the avoidance of doubt.

Relevant Development Plan Policies

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.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP6 - Residential Amenity

The amenity of residential areas will be protected from inappropriate development where that development: 1 is for a use inappropriate for residential areas; and/or 2 is of an unacceptable scale; and/or 3 leads to an unacceptable increase in traffic or noise; and/or 4 is visually intrusive.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP15 - Access, Mobility And Inclusion

Development proposals should make provision for easy, safe and inclusive access to, into and within buildings and facilities. The layout and design of developments should meet the requirements of accessibility and inclusion for all potential users regardless of disability, age or gender. The Council will have regard to the following criteria when assessing development proposals: 1 The design of entrances and exits and ease of permeation through and between developments in terms of street furniture, circulation areas and pedestrian routes; 2 The location of any development proposal in relation to its potential users; 3 Accessibility to all transport modes and provision of adequate parking for disabled people; 4 Provision of on-site facilities such as public toilets, and appropriate signage

Carlisle District Local Plan 2001 - 2016 Housing - Policy H2 - Primary Residential Areas

Within the Primary Residential Areas defined on the Inset Maps for Carlisle, Brampton and Longtown, proposals for new residential development will be acceptable provided that: 1 existing areas of open space and other amenity areas are safeguarded; and 2 the proposed development does not adversely affect the amenity of adjacent residential property; and 3 the proposed development complements or enhances existing adjacent residential areas and their amenity; and 4 satisfactory access and appropriate parking arrangements can be achieved.

Proposals for non-residential uses will be permitted in Primary Residential Areas provided that they do not adversely affect residential amenity. Development that would create unacceptable noise, smell, safety and health impacts or excessive traffic generation will not be acceptable. The traffic impact of new development upon existing residents through inconvenience and detrimental effect will be taken into account. Such schemes falling within the scope of this policy will be considered against the above criteria as well as other policies of the Plan appropriate for the proposed use.

Outside the Primary Residential Areas and sites allocated under Proposal H16 for Carlisle, Brampton and Longtown, applications for residential development, including redevelopment and the change of use of vacant and underused buildings, will be only be permitted provided that: 1 satisfactory housing conditions can be achieved; and 2 the proposal will complement the existing character of the area; and 3 the proposal will not adversely affect the amenity of the area; and 4 satisfactory access can be provided; and 5 appropriate parking arrangements can be made.

Item no: 12

Appn Ref No: Applicant: Parish: 16/0485 Klondyke group Ltd Stanwix Rural

Date of Receipt: Agent: Ward: 31/05/2016 23:00:08 Stanwix Rural

Location: Grid Reference: Houghton Hall Garden Centre, Houghton, Carlisle, 341191 559864 CA6 4JB

Proposal: Erection Of Timber Building Adjacent To Entrance Of Garden Centre For The Sale Of Fruit And Vegetables 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 Planing Permission comprise:

1. the submitted planning application form received 23rd June 2016; 2. the site location plan received 24th June 2016 (Drawing No. 400 Rev A); 3. the block plan received 24th June 2016 (Drawing No. 401 Rev A); 4. the elevations received 28th July 2016 (Drawing No. 402 Rev B); 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. Notwithstanding any description of materials in the application no development shall be commenced until samples or full details of the roofing materials and those materials to be used in the construction of the external walls of the building have been submitted to and approved by the Local Planning Authority. Such details shall include the type, colour and texture of the materials.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and SP6 of the emerging Carlisle District Local Plan 2015-2030.

4. The retailing of products and the offering of services from the Garden Centre approved under application 05/0477 and the proposal hereby authorised shall be limited by the terms of the following Schedule and to the associated areas of the premises identified on Drawing Number C0248-12A which accompanied application 05/0477 and Drawing Number 401 Rev A submitted under application 16/0485, to which the Schedule relates and no retailing of other goods, products or services shall take place within the areas so identified or from any other part of the site.

Goods and Services offered for sale, activities Maximum Floor Area and uses (square metres)

Compost, peats, chemicals and other goods 1000 associated with plant/garden care, tools, watering equipment, tools and garden machinery

Houseplants, seeds, bulbs, plants of all kinds 600 dried flowers and goods associated with their care, arrangement and maintenance

Garden and conservatory furniture and 800 furnishings, garden lighting, barbecue accessories, Christmas decorations

Garden gloves and footwear and outdoor 250 clothing/leisure

Aquatic products, pet accessories, fish ponds 450 pet care advice, products and accessories

Other goods falling within Class A1, including 600 fresh and processed foods and drink, an exhibition area for craft and seasonal products

Coffee shop 560

Trees, plants of all kinds, shrubs, garden 4769 furniture, rockery and statuary, ponds, pools, fountains, and accessories, cold water fish, compost, peat and other garden care products, pots and containers

Garden buildings, greenhouses, conservatories, 1500 gazebos, summer houses, swimming pools, spas all with accessories, landscape and building materials, fencing and timber products

Reason: To define the nature of the approval hereby granted, to control the nature and extent of retail activities able to be conducted from the site in recognition of the specialist locational requirements of a Garden Centre and to ensure the protection of the vitality and viability of the City Centre of Carlisle and other existing retail centres in the urban area.

Relevant Development Plan Policies

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.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

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 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP17 - Planning Out Crime

The design of all new development must contribute to creating a safe and secure environment, integrating measures for security and crime prevention and minimising the opportunity for crime. The following points should be applied to all development proposals: 1 Security measures should be an integral part of the design 2 Developments should be laid out and buildings positioned to maximise natural surveillance with the intention of creating a sense of neighbourhood and deterring criminal and anti-social activity 3 Public and private spaces should have clearly defined boundaries. 4 Footpaths and cycleways should be designed to maximise their use and prevent opportunities for concealment, unauthorised access or provide a choice of escape routes. 5 Landscaping schemes be designed to ensure that they do not create secluded areas, opportunities for climbing or reduce natural surveillance. 6 Lighting should deter criminal and antisocial activity whilst minimising light pollution. CCTV may be considered necessary in certain circumstances.

Developers should, at the earliest stage possible, consult Architectural Liaison Officer to advise on measures to be incorporated for designing out crime.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC14 - EC Farm Shops

Proposals for the establishment of, or extension to, farm shops outside existing settlements will be permitted provided that:

1 The enterprise would not undermine the viability and vitality of existing nearby village shops/facilities; and 2 The range of goods sold are restricted to ensure the operation remains as a farm shop which is agricultural in character; and 3 The retail use has to be in association with an established agricultural holding; and 4 The scale, design and landscaping of new or converted facilities respects local landscape character; and 5 Such facilities are capable of being developed within the curtilage of an existing group of buildings.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE7 - Buffer Zone On Hadrian’s Wall World Heritage Site

Within the buffer zone of Hadrian's Wall Military Zone World Heritage Site, as defined on the Proposals Map, proposals for development which would have an unacceptable impact on the character and/or setting of the World Heritage Site will not be permitted. Development within or adjacent to existing settlements, established farmsteads and other groups of buildings will be permitted, where it is consistent with other policies of this Plan, providing that: 1 the proposal reflects the scale and character of the existing group of buildings; and 2 there is no unacceptable adverse effect on the character and/or appearance of the Hadrian's Wall Military Zone World Heritage Site.

Within the outer visual envelope, beyond the Hadrian's Wall Military Zone World Heritage Site, proposals for major development which would have an adverse effect on the character of the World Heritage Site will not be permitted unless the need for the development outweighs the environmental costs.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 13

Appn Ref No: Applicant: Parish: 15/0839 Dalton Farm Partnership

Date of Receipt: Agent: Ward: 09/09/2015 Gainford Limited Planning Stanwix Rural Consultants

Location: Grid Reference: Land to West of Wayside, Barclose, Scaleby, 344224 562836 Carlisle, CA6 4LH

Proposal: Erection Of 2no. 4 Bedroom Dwellings (Outline) (Revised Application)

Decision: Refuse Permission Date: 30/10/2015

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 26/07/2016

Item no: 14

Appn Ref No: Applicant: Parish: 15/1000 Mr Bullough Brampton

Date of Receipt: Agent: Ward: 28/10/2015 23:00:15 Taylor & Hardy Brampton

Location: Grid Reference: Land East of Brackenfell, Capon Hill, Brampton 352955 559882

Proposal: Erection Of 1no. Dwelling (Outline)

Decision: Refuse Permission Date: 22/12/2015

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 01/07/2016 Item no: 15

Appn Ref No: Applicant: Parish: 15/0611 Mrs Shirley Bickley Scaleby

Date of Receipt: Agent: Ward: 30/06/2015 Stanwix Rural

Location: Grid Reference: Rose Cottage, Scaleby Hill, Scaleby, Carlisle, CA6 343715 563649 4LY

Proposal: Erection Of 1No. Detached Dwelling With Double Garage

Decision: Refuse Permission Date: 08/09/2015

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 01/07/2016

Item no: 16

Appn Ref No: Applicant: Parish: 15/0517 Messrs Rutherford Brampton

Date of Receipt: Agent: Ward: 02/06/2015 13:00:11 MJN PDMC Ltd Brampton

Location: Grid Reference: L/Adj. Quarry Bank, Capon Hill, Brampton, CA8 353025 559880 1QN

Proposal: Erection Of 4no. Dwellings (Outline)

Decision: Refuse Permission Date: 21/09/2015

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 19/07/2016

Item no: 17

Appn Ref No: Applicant: Parish: 16/9003 Cumbria County Council Carlisle

Date of Receipt: Agent: Ward: 04/05/2016 Multiple Wards

Location: Grid Reference: Land adjacent to Lund Crescent and Maryport 339915 554347 Court, Currock, Carlisle, Cumbria

Proposal: Variation Of Condition 15 Of Previously Approved Permission 14/9016

Decision: City Council Observation - Raise No Objection Date: 12/05/2016

Decision of: Cumbria County Council

Decision Type: Grant Permission Date: 27/06/2016

Item no: 18

Appn Ref No: Applicant: Parish: 16/9100 North West Recycling Multiple Limited

Date of Receipt: Agent: Ward: 11/05/2016 Cumbria County Council - Multiple Wards Economy & Planning

Location: Grid Reference: North West Recycling, Unit B & Site K, Rockcliffe 336648 560711 Industrial Estate, Carlisle

Proposal: Discharge Of Conditions 11 (Pest Control Measures) & 12 (Mitigation Measures For The Monitoring Of Odour, Noise And Dust) Of Previously Approved Permission 15/9006/CTY

Decision: City Council Observation - Raise No Objection Date: 20/05/2016

Decision of: Cumbria County Council

Decision Type: Grant Permission Date: 15/06/2016

Item no: 19

Appn Ref No: Applicant: Parish: 16/9101 James A Jobling & Co. Ltd Rockcliffe

Date of Receipt: Agent: Ward: 31/05/2016 Cumbria County Council - Longtown & Rockcliffe Economy & Planning

Location: Grid Reference: Hespin Wood Resource Park & Landfill Site, 336541 563249 Todhills, Carlisle, CA6 4BJ

Proposal: Discharge Of Conditions 15 (Landscaping Scheme) & 16 (Foul Drainage) Of Previously Approved Permission 15/9007/CTY

Decision: City Council Observation - Observations Date: 07/06/2016

Decision of: Cumbria County Council

Decision Type: Grant Permission Date: 30/06/2016

Item no: 20

Appn Ref No: Applicant: Parish: 16/0387 A M McCumiskey & D J Burgh-by-Sands Scott

Date of Receipt: Agent: Ward: 03/05/2016 Phoenix Architects Burgh

Location: Grid Reference: Land at field 3486, Monkhill Road, Moorhouse, 333331 556859 Carlisle

Proposal: Erection Of 9no. Dwellings (Outline) Members will recall at Committee meeting held on 8th July 2016 that authority was given to the Director (Economic Development) to issue approval subject to the expiration of the consultation period. The consultation period has expired and approval was issued on 13 July 2016.

Grant Permission

1. In case of any "Reserved Matter" application for approval shall be made not later than the expiration of 3 years beginning with the date of this permission, and the development shall be begun not later than whichever is the later of the following dates:

i) The expiration of 5 years from the date of the grant of this permission, or

ii) The expiration of 2 years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990. (as amended by The Planning and Compulsory Purchase Act 2004).

2. Before any work is commenced details of the scale, appearance and landscaping of the site (hereinafter called "reserved matters") shall be submitted to and approved by the Local Planning Authority.

Reason: The application was submitted as an outline application in accordance with the provisions of Article 3 of the Town and Country Planning (General Development Procedure) Order 1995.

3. The approved documents for this Outline Planning Permission comprise:

1. the submitted planning application form received 3rd May 2016; 2. the Written Statement received 3rd May 2016; 3. the Heritage Impact Statement received 3rd May 2016; 4. the Drainage Proposal received 3rd May 2016; 5. the Tree Survey Report received 3rd May 2016; 6. the Contaminated Land Statement received 3rd May 2016; 7. the Site Survey received 4th May 2016 (Drawing No. PA14/661/01); 8. the Site Layout received 23rd June 2016 (Drawing No. PA14/661/02A); 9. the Location Plan received 3rd May 2016 (Drawing No. PA14/661/03); 10. the Block Plan received 3rd May 2016 (Drawing No. PA14/661/04); 11. the Indicative Elevations received 4th May 2016 (Drawing No. PA14/661/05); 12. the Notice of Decision; and 14 any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

4. In the case of any "Reserved Matter" application for approval, if the number of dwellings exceeds ten units, the applicant shall enter into a planning obligation pursuant to S106 of the Town and Country Planning Act 1990 which will cover the provision of affordable housing contributions.

Reason: To ensure the provision of affordable housing on the site, in accordance with Policy HO4 of the emerging Carlisle District Local Plan 2015-2030.

5. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. This written scheme will include the following components: i) An archaeological evaluation; ii) An archaeological recording programme the scope of which will be dependant upon the results of the evaluation; iii) Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal.

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination and recording of such remains.

6. Prior to commencement of development, details for how foul and surface water shall be drained on a separate system shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be completed in accordance with the approved details.

Reason: To ensure a satisfactory means of foul and surface water disposal and in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016 and Policy IP6 of the emerging Carlisle Local Plan 2015-2030.

7. Prior to the commencement of any development hereby permitted full details of a surface drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The drainage system shall be designed such that no flooding will occur on any part of the site for a 1 in 30 year event unless designed to do so, flooding will not occur to any dwelling hereby permitted in a 1 in 100 year event plus 30% to account for climate change, and flows resulting from rainfall in excess of a 1 in 100 year 6 hour rainfall event are directed to flow in suitably designed conveyance routes. No dwelling hereby permitted shall be occupied until the surface water drainage scheme is fully implemented in accordance with the approved dwellings.

Reason: To manage flood risk within the development that results from surface water to minimise the risk to people and property in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

8. Prior to the commencement of any development details to confirm the design of the surface water drainage system will mitigate any negative impact of surface water from the development on flood risk outside the development boundary should be agreed in writing with the Local Planning Authority.

Reason: To safeguard against negative impact outside the development boundary to people and property in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

9. Prior to the commencement of the hereby permitted development a construction surface water management plan should be approved in writing by the Local Planning Authority which should include inspection and maintenance of below ground storage facilities identifying the responsible organisation.

Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of the water table and to ensure the surface water system continues to function as designed in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

10. Prior to the commencement of the hereby permitted development a groundwater level(s) investigation and report shall be carried out and submitted for approval by the Local Planning Authority. The investigation shall ensure that the base of the proposed infiltration component is at least 1 metre above the maximum groundwater level, taking into account seasonal variations. The hereby permitted development shall thereafter be completed in accordance with the approved investigation/report.

Reason: To ensure the surface water system continues to function as designed in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

11. Prior to the commencement of any development infiltration tests should be carried out in accordance with Bettress (1996) based on the design approach in BRE.

Reason: To ensure the surface water system continues to function as designed in accordance with Policy CP12 of the Carlisle Distinct Local Plan 2001-2016.

12. The development shall not commence until visibility splays providing clear visibility of 45 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

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

13. The carriageway, footways, footpaths shall be designed, constructed, drained and lit to a standard suitable for adoption 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. 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. To support Local Transport Plan Policies: LD5, LD7, LD8.

14. Ramps shall be provided on each side of every junction to enable wheelchairs, pushchair's etc. to be safely manoeuvred at kerb lines. Details of all such ramps shall be submitted to the Local Planning Authority for approval before development commences. Any details so approved 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. To support Local Transport Plan Policies: LD5, LD7, LD8.

15. No dwellings shall be occupied until the access road, as approved, are defined by kerbs and sub-base construction.

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

16. Access gates, if provided, shall be hung to open inwards only away from the highway.

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

17. The dwelling shall not be occupied until the vehicular access and turning requirements have been constructed in accordance with the approved plan and has been brought into use. The vehicular access turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority.

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

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

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

19. The existing hedgerows to be retained to the northern, southern, western and eastern boundaries of the site as indicated on Drawing Number PA14/661/02A shall be retained at a height of not less than 1.6 metres as measured from the existing ground level.

Reason: In the interests of privacy and amenity in accordance with Policies CP5 of the Carlisle District Local Plan 2001-2016.

20. Before development commences a scheme of tree and hedge protection of those trees and hedges to be retained 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 CP3 of the Carlisle District Local Plan 2001-2016.

21. Before development commences a detailed Method Statement shall be submitted to and approved in writing by the Local Authority of how the works are to be undertaken within the root protection areas of the retained trees and hedges identified in the Tree Survey compiled by Westwood Landscape dated 23rd March 2016. The works within the root protection areas must thereafter be undertaken in accordance with the agreed Method Statement.

Reason: To protect the retained trees during development works in accordance with Policy CP3 of the Carlisle District Local Plan 2001-2016.

22. Within the tree protection fencing approved by Condition 20:

1. No equipment, machinery or structure shall be attached to or supported by a retained tree or by the tree protection barrier. 2. 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. 3. No alterations or variations to the approved tree and hedge protection schemes shall be made without prior written consent of the local planning authority. 4. No materials or vehicles shall be stored or parked within the fenced off area. 5. No alterations to the natural/existing ground level shall occur. 6. No excavations will be carried out within the fenced off area. 7. The tree and hedge protection fencing must be maintained to the satisfaction of the Local Planning Authority at all times until completion of the development.

Reason: To protect trees and hedges during development works in accordance with Policy CP3 of the Carlisle District Local Plan 2001-2016.

23. Trees and shrubs shall be planted in accordance with a scheme to be agreed with the Local Planning Authority. The scheme shall be implemented during the planting season following the completion of the development hereby approved and any trees or shrubs which die, become diseased or are lopped, topped, uprooted or willfully destroyed within the following five years shall be replaced by appropriate nursery stock. The scheme shall include the use of native species and shall also include a detailed survey of any existing trees and hedges on the site and shall indicate plant species and those trees and hedges to be retained.

Reason: To ensure that a satisfactory landscaping scheme is prepared in accordance with the objectives of Policy CP5 of the Carlisle District Local Plan 2001-2016.

24. No site clearance or works to the retained trees or 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 CP2 of the Carlisle District Local Plan 2001-2016.

25. Samples or full details of all materials to be used on the exterior of each dwelling shall be submitted to and approved in writing by the Local Planning Authority before any work is commenced.

Reason: To ensure the works harmonise as closely as possible with dwellings within the vicinity and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

26. Details shall be submitted of the proposed hard surface finishes to all public and private external areas within the proposed scheme and approved by the Local Planning Authority before any site works commence.

Reason: To ensure that materials to be used are acceptable in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

27. No development shall commence until details of any walls, gates, fences and other means of permanent enclosure and/or boundary treatment to be erected have been submitted to and approved, in writing, by the Local Planning Authority.

Reason: To ensure the design and materials to be used are appropriate and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

28. 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 or after 13.00 hours on Saturdays, nor at any times on Sundays or Bank Holidays.

Reason: To prevent disturbance to nearby occupants.

29. Prior to the occupation of the first property suitable receptacles shall be provided for the collection of waste and recycling for each unit in line with the schemes available in the Carlisle district.

Reason: In accordance with Policy CP14 of the Carlisle District Local Plan 2001-2016.

30. 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.

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 CP13 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

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.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

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 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level.

In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground.

The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP4 - Agricultural Land

Permission will not be given for development where it would lead to the loss of the best and most versatile agricultural land, unless: 1 there is an overriding need for the development; and 2 there is insufficient land of a lower grade available; or 3 available lower grade land has a statutory landscape, wildlife, historic or archaeological designation.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision can not be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.