DEVELOPMENT SERVICES PLANNING COMMITTEE BOOK FOR DECISION th 18 June 2019 Ladies and Gentlemen, The applications within this report have been submitted for determination under the Town and Country Planning Acts and associated legislation. All applications within this report are “Delegated” to this Committee but can be moved “Non-Delegated” by a Member of the Committee under the terms adopted for the Scheme of Delegation approved by Council, 16th May, 1994. Any such motion needs to be accepted by a majority of Members of the Committee present (Council, 8th August, 1995). All applications left as Delegated will be decided by the Committee and will not be subject to confirmation by Council. The application plan numbers also refer to files for the purposes of background papers. Jason Hipkiss Planning Manager Page 1 of 50 B18/2019/0338 Planning Committee th 18 June 2019 Application Number : B18/2019/0338 Date Valid :24/04/2019 Address : Earnse Bay Car Park West Case Officer : Barry Jesson Shore Road Barrow-in-Furness Cumbria Proposal : Proposed portacabin for use as a kite surfing teaching classroom and store. Ward : Walney North Ward Parish : N/A Applicant : Mr C Ainsbury Agent : Mr C Ainsbury Recommendation : Granted with Statutory Date : 19/06/2019 conditions Barrow Planning Hub Relevant Policies and Guidance Full details of the policies listed below are included in the appendix National Policies 1. National Planning Policy Framework 2018 - Policy NPPF-008 2. National Planning Policy Framework 2018 - Policy NPPF-083 3. National Planning Policy Framework 2018 - Policy NPPF-170 Local Plan Policies 1. Policy DS1 - Council’s commitment to sustainable development 2. Policy DS2 - Sustainable Development Criteria 3. Policy DS5 - Design 4. Policy HC8 - New outdoor sports facilities 5. Policy N3 - Protecting biodiversity and geodiversity Summary of Main Issues The key issues relate to the siting and visual appearance of the building and the potential impact on the adjacent protected sites (SSSI, SAC & SPA). A lesser issue relates to the impact of encouraging this type of business in terms of the wider leisure offer within the Borough and the potential to increase visitor numbers. Page 2 of 50 Non Material Considerations N/A Response to Publicity and Consultations Development advertised on site Neighbours Consulted Street Name Properties West Shore Park 224, 225, 226, 227, Responses Support Object Neutral 0 0 0 0 Organisations Consulted Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Estates) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways) Natural England List of Organisation Responses Barrow Borough Council (Estates) 01/05/2019 “No comment from Estates” Cumbria County Council (Emergency Planning) 13/05/2019 "Our response is the following: The BAE site is covered by the provision of the Radiation (Emergency Preparedness and Public Information) 2001 Regulations. There are no objections to the proposed development based on the information provided but it should be noted that the proposed development is situated within the Detailed Emergency Planning Area of BAE. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements are made for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site. Accordingly I would be grateful if you could, in the event of the application being approved, advise the applicant to liaise with this office to allow for further discussion." Page 3 of 50 Cumbria County Council (Highways & Lead Local Flood Authority) 15/05/2019 "Thank you for your consultation on 30/04/2019 regarding the above Planning Application. Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below. Highway response It is considered that the proposal will not have a material effect on existing highway conditions. I can therefore confirm that the Highway Authority has no objection to the proposal. LLFA response The LLFA surface water maps show that the site is very close to an area of flooding and indicates that a 3% chance of flooding occurring close to the site each year" Natural England 20/05/2019 "Thank you for consulting Natural England on this proposal. The proposed the location is 30m from the Duddon Estuary SSSI, Morecambe Bay SAC, and Morecambe Bay and Duddon Estuary SPA. The proposal itself, due to its scale, is unlikely to have any significant effects on these sites. However Natural England receive reports of significant bird disturbance from kite surfers in this area. We request that education of the adjacent protected sites are provided as part of the kite surfing training that is delivered. Ideally a code of conduct should be proposed to guide those using the immediate area for kite surfing, with a set of guidelines to adhere to." United Utilities 07/05/2019 "With reference to the above planning application, United Utilities wishes to draw attention to the following as a means to facilitate sustainable development within the region. Drainage In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way. Page 4 of 50 The NPPG clearly outlines the hierarchy to be investigated by the developer when considering a surface water drainage strategy. We would ask the developer to consider the following drainage options in the following order of priority: 1. into the ground (infiltration); 2. to a surface water body; 3. to a surface water sewer, highway drain, or another drainage system; 4. to a combined sewer. We recommend the applicant implements the scheme in accordance with the surface water drainage hierarchy outlined above. If the applicant intends to offer wastewater assets forward for adoption by United Utilities, the proposed detailed design will be subject to a technical appraisal by an Adoptions Engineer as we need to be sure that the proposal meets the requirements of Sewers for adoption and United Utilities’ Asset Standards. The proposed design should give consideration to long term operability and give United Utilities a cost effective proposal for the life of the assets. Therefore, should this application be approved and the applicant wishes to progress a Section 104 agreement, we strongly recommend that no construction commences until the detailed drainage design, submitted as part of the Section 104 agreement, has been assessed and accepted in writing by United Utilities. Any works carried out prior to the technical assessment being approved is done entirely at the developers own risk and could be subject to change. Details of both our S106 sewer connections and S104 sewer adoptions processes (including application forms) can be found on our website http://www.unitedutilities.com/builders- developers.aspx Please note we are not responsible for advising on rates of discharge to the local watercourse system. This is a matter for you to discuss with the Lead Local Flood Authority and / or the Environment Agency if the watercourse is classified as main river. Water supply If the applicant intends to obtain a water supply from United Utilities for the proposed development, we strongly recommend they engage with us at the earliest opportunity. If reinforcement of the water network is required to meet the demand, this could be a significant project which should be accounted for in the project timeline for design and construction. To discuss a potential water supply or any of the water comments detailed above, the applicant can contact the team at [email protected]. Please note, all internal pipework must comply with current Water Supply (water fittings) Regulations 1999. Page 5 of 50 United Utilities’ property, assets and infrastructure A public sewer crosses this site and we may not permit building over it. We will require an access strip width of six metres, three metres either side of the centre line of the sewer which is in accordance with the minimum distances specified in the current issue of "Sewers for Adoption", for maintenance or replacement. Therefore a modification of the site layout, or a diversion of the affected public sewer at the applicant's expense, may be necessary. To establish if a sewer diversion is feasible, the applicant must discuss this at an early stage with our Developer Engineer at [email protected] as a lengthy lead in period may be required if a sewer diversion proves to be acceptable. Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems. Where United Utilities’ assets exist, the level of cover to the water mains and public sewers must not be compromised either during or after construction. For advice regarding protection of United Utilities’ assets, the applicant should contact the teams as follows: Water assets – [email protected] Wastewater assets – [email protected] It is the applicant's responsibility to investigate the possibility of any United Utilities’ assets potentially impacted by their proposals and to demonstrate the exact relationship between any United Utilities' assets and the proposed development. A number of providers offer a paid for mapping service including United Utilities. To find out how to purchase a sewer and water plan from United Utilities, please visit the Property Searches website; https://www.unitedutilities.com/property-searches/. You can also view the plans for free. To make an appointment to view our sewer records at your local authority please contact them direct, alternatively if you wish to view the water and the sewer records at our Lingley Mere offices based in Warrington please ring 0370 751 0101 to book an appointment.