1.0 RECOMMENDATION 1.1 That planning permission is GRANTED for the reasons set out in Appendix 1 and subject to the Conditions in Appendix 2. 2.0 THE PROPOSAL 2.1 The application site is a 300m 2 area of a field located adjacent to an unclassified road at the rear of the Sun Inn at Newton Reigny north of Penrith. The site is bordered on the northern boundary by the River Petteril. The purpose of the proposed development is to provide a replacement facility for two septic tanks located near the village so as to secure improvements to the treatment of waste and the quality of water discharged into the River Petteril. There are two other planning applications asociated with this proposal. There is an application for a wastewater pumping facility at Newton Rigg to the south (Ref: 3/07/9012) and another for two temporary access points on the road south from Newton Reigny to Newton Rigg (Ref: 3/07/9013) to allow for access to construct underground pipes linking the two proposed pumping facilities. 2.2 The proposed development is for construction of a wastewater pumping station with vehicular access, control building, storm water outfall to the River Petteril, a drystone wall and associated temporary access widening. Part of the development would be constructed below ground. This element would be comprised of a valve chamber, a pumping station and a combined sewer overflow chamber. Part of these facilities would be above ground level being up to 1m above the surface. 2.3 The main surface development would be comprised of a tarmac surfaced lay –by to provide access and parking for service vehicles and a control building. This building would measure 7m x 4m with a slate pitched roof 4m high at the apex. This would be constructed of a local building stone and in a style to match the local vernacular buildings. A new 25m long drystone wall would be constructed on the southern boundary using local building stone. The area around the building and the underground chambers, would be surfaced in concrete. Three mature trees would be removed to make way for the building. A new temporary access (to last for 9 months) for construction traffic would be created to the south of the pumping station site. 2.4 The application supporting statement notes that the area has some potential archaeological interest which would be subject to prior evaluation and that the trees will be inspected for bats and that removal would take place outside the bird breeding season. 2.5 On completion of construction there would be approximately one service vehicle per month visiting the site. 3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Eden District Council have no objection. 3.2 Catterlen Parish Council have made a very strong objection to the proposals. This objection is on the grounds that: The land subject to the application is claimed to have been in the ownership and control of the Parish Council for more than 40 years; There is a designation of this land in the Eden Local Plan 1996 as amenity open space; Part of the application site is required for provision of off road parking to serve a children’s play area located to the north of the river; This provision has the support of Cumbria CC as Highways Authority and this could be provided in 2008; There is no alternative location for this parking facility. The Parish Council would as owner/controller of the land refuse access to the applicant even if planning permission were granted; The scale and size of the building to house the control equipment is unacceptable in this location; The community would be better served if the facility is located further downstream on the river; Local residents have submitted a petition that shows that more than 98% of residents are opposed to the scheme in this location. 3.3 The Highway Authority have no objection in principle but note that the unclassified road leading to the site is generally unsuitable for the construction traffic being subject to a weight restriction. Notwithstanding it is accepted that this is the only access road available and will have to serve for this purpose if planning permission is granted. The applicant should provide adequate signage to provide warnings to drivers and all other vehicles of the proposed works. No mud or debris should be permitted to be deposited on the highway. The whole of the access area including the lay – by must be constructed and drained to the satisfaction of the Planning Authority. 3.4 Environment Agency : No objection. The applicant should be requested to demonstrate that the treatment and disposal system to which the waste water will be pumped (Penrith WwTw) has sufficient capacity to accommodate the additional flows without causing pollution to the River Eamont and Thacka Beck. Any concerns in relation to Flood Risk Management will be addressed at the time of dealing with the application for Land Drainage Consent. The additional information submitted by the applicant at a later date with proposals for upgrading the sewer pipe size has not demonstrated that the concerns of the Environment Agency have been or would be overcome. Further work is required. 3.5 Natural England (Nature Conservation) : The site lies within 1km of Newton Reigny Moss SSSI. The proposed development is unlikely to affect the SSSI. Therefore there is no objection. 3.6 Natural England (DEFRA) : No objection. The proposal will affect very little agricultural land. 3.7 The local Member, Mr AP Richardson has been notified. 3.8 The committee visited the site on December 6 th 2007. 3.9 Six letters of representation have been received as a result of consultation on this application. All of these object to the proposal. One of these letters is on behalf of the Penrith Anglers Association and objects in principle to the construction of the scheme to transfer waste to the Penrith WwTW. This is on the grounds that this facility is already overstretched and the Anglers Association has issued a formal letter of claim to United Utilities as a result of pollution caused to the River Eamont and damage to the fishery as a result of inadequately maintained sewers at Penrith. The application does not contain any information that would give reassurance that the pumping of sewage to Penrith will not result in increased damage to the fishery. It would be highly inappropriate to allow further overloading of the sewage system at Penrith. The remaining letters are from local residents. These object to the proposal for the following reasons: The site chosen is highly inappropriate given the proximity of a children’s play area and pub garden; the site is located in flood risk area and there would be an unacceptable risk of pollution; The building would be too large and intrusive being too close to the road and house; There would potentially be an adverse impact from noise odour and external lighting; Vehicles parking in the lay – by would be a hazard to children; Additional landscaping will be required to replace the lost trees; The proposed underground pipework linking to the associated facilities will damage the land given the proposed construction period of October to March; The facility would be better located further downstream from the application site and one of the landowners has offered the applicant an alternative site further downstream; This offer has been declined by the applicant. 4.0 PLANNING ASSESSMENT 4.1 Policy 60 of the Cumbria Minerals And Waste Local Plan 1996 – 2006 (Saved Policies) (the CMWLP) establishes a principle that planning permission will be granted for waste water treatment facilities provided that the proposal does not have a significant effect on the environment or communities. The level of objection from the local community notably the Parish Council as to the potential adverse impact on the environment through loss of open space means that this presumption of favourable consideration needs to be subject to the test as to whether or not the effects are unacceptable and that the proposed location is the best practicable environmental option. There are also concerns raised by the Penrith Anglers’ Association about water quality in the River Eamont. 4.2 The Environment Agency has raised no objections in relation to the water quality issues raised by the anglers and to local concerns about flood risk and pollution at the pumping station site. The later issue would be dealt with by the Land Drainage Consent. Whilst not directly part of this scheme the applicant has indicated that storm water storage capacity in the network would be increased by the provisions of a 900m diameter sewer downstream of the pumping station. This would reduce potential spills from the Penrith WwTW. 4.3 The application site is contained within an area designated as Amenity Open Space in the Eden Local Plan 1996 (the ELP). Policy BE15 of the ELP (Saved Policies) states that development affecting areas of public or private amenity open space identified on the proposals map as having particular amenity value will only be permitted if no significant loss of amenity value would result. Proposals involving built development will not normally be permitted. The justification for this policy states that such land does not have to be public open space. The land is currently privately owned though the representations from the Parish Council imply that, whilst unable to confirm ownership, they have had care and custody of the land for a considerable period with the intention that the land should be publicly accessible amenity open space with car parking. However, there is no evidence of this on the ground and the application site appears to be part of a larger field in agricultural use.