DEVELOPMENT SERVICES PLANNING COMMITTEE FOR DECISION 13th July 2021 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. PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 12 noon, three working days before the date of the Planning Committee meeting. Information on how to make the application can be obtained by viewing the Council’s website www.barrowbc.gov.uk or by contacting the Planning Business Support Team at [email protected] or by telephone on 01229 876405.. Jason Hipkiss Development Services Manager (Planning and Enforcement) Page 1 of 65 B13/2020/0803 Planning Committee 13th July 2021 Application Number : B13/2020/0803 Date Valid :10/12/2020 Address : 79A Market Street Dalton-in- Case Officer : Charles Wilton Furness Cumbria LA15 8DL Proposal : Demolition of existing retail property located within a conservation area and hard standings, erection of terrace of 4 dwellings with garages and landscaping. Change of use of the site from retail to residential Parish : Dalton Town with Newton Parish Ward : Dalton South Ward Council Applicant : Mr I Brocklebank Agent : Chris Bugler Architect Ltd Recommendation : That Committee resolve to support the proposed scheme but that the decision to grant conditional planning permission be Statutory Date : 04/02/2021 delegated to the Planning and Enforcement Manager pending resolution of further detailing(windows, doors, elevational treatment, roof - eaves/ridge/gable treatment) and materials. Barrow Planning Hub Relevant Policies and Guidance Full details of the policies listed below are included in the appendix Local Plan Policies 1. Barrow Borough Local Plan 2016-2031 - Policy C2 - Development and the Coast 2. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 3. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 4. Barrow Borough Local Plan 2016-2031 - Policy DS5 – Design Page 2 of 65 Summary of Main Issues The application raises a number of complex, sometimes finely balanced issues including the application of the sequential and exemption tests re site location with flood risk zone, the finding that the development will not preserve or enhance the conservation area, the conclusion on policy re residential development within the town centre, and the weight to be afforded to the building's poor structural condition whether further collapse cannot be ruled out Non Material Considerations Response to Publicity and Consultations Neighbours Consulted Street Name Properties Fell Croft 30, 32, 34, 36, Market 75, The Flat 75, 75 77, 79, 80, 81, The Flat 81, 83, The Flat 83A, 84, Flat 85, Street 85, 86 88, Flat 87, 87, 87A, Flat 88, 89, 91, 93, 95, Flat 97, 97, Flat 99, 99, Nelson The Kiln House, Street Rowlinson 10, 21, 23, 25, 27, 29, 31, 33, 35, 5, 5A, Arnold Bungalow, Place South Row 141, Responses Support Object Neutral 6 0 4 2 Organisations Consulted Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Planning Policy) Barrow Borough Council (Public Protection Services) Cumbria County Council (Archaeology) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways) Cumbria County Council (LLFA) Dalton With Newton Town Council Environment Agency (Contamination, Flood and Pollution) Joint Committee of the National Amenity Society United Utilities (Asset Protection) Page 3 of 65 List of Organisation Responses 14/12/2020 Barrow Borough Council (Building Control) “Building regulation approval required for the proposals”. 15/12/2020 Cumbria County Council (Historic Environment Officer) “The building proposed for demolition comprises a small complex of connected individual buildings that may have had separate origins and historical functions. The heritage statement submitted with the application considers the historical origin of the building complex and it is clear that the majority of the complex is shown on the OS town plan of 1890. Whether the buildings appear on the earlier 1850 OS map is uncertain; a terrace of buildings is shown on the site but the heritage statement argues that these buildings have a different outline to the present ones and so the existing buildings date to after the production of the map. Bearing in the difficulties of scale and the quality of the 1850 map’s reproduction however, it seems to me that the terrace of buildings on the 1850 map and the existing buildings on the site facing Market Street are on a very similar alignment and there is a reasonable possibility they are one in the same structure. Furthermore, the small windows on the south (front) elevation of the present building hint at an origin earlier than the second half of the 19th century. The 1890 map labels the eastern wing of the building as ‘Market Street Hall’, which may be a reference to a community function. The three narrow windows on the north gable wall of the existing eastern wing are suggestive of a civic or community purpose rather than a domestic one. Consequently, there is some evidence to indicate that the building complex has earlier origins than the later 19th century and that they had a variety of historical functions which, in the late 19th century, a included a possible community use. The building complex proposed for demolition lies within the Dalton-in-Furness conservation area. I consider that it contributes positively to the conservation area by virtue of its age, building materials, form, and that it is illustrates the development of Dalton prior to the town’s late 19th century expansion. The total demolition of the building complex would cause less than substantial harm to the significance of Dalton-in-Furness conservation area. Page 4 of 65 Policy HE1 of the Local Plan promotes conservation areas as key elements of the Borough’s identity and policy HE4 states developments within conservation area should preserve or enhance the character and appearance of the conservation area. Where an application proposes demolition of an asset that contributes to the significance of the conservation area, policy HE5 states that it will not be permitted unless the test set out in the NPPF is met. This test requires the harm to the designated heritage asset (the conservation area) to be considered against the public benefits of the proposed development. The heritage statement does not describe any public benefits of the proposed development. Therefore, the application, as it stands, seems to be contrary to policies set out in the Local Plan and also guidance in the NPPF. Please note that this advice relates only to the public benefits or losses to the historic environment and there may well be other issues that need to be considered in the determination of the application. Please do not hesitate to contact me if you have any queries regarding the above." 16/02/2021 Cumbria County Council ( Historic Environment Officer) "Thank you for re-consulting me on the above application. Further to my letter dated 15 December 2020, a structural report of the buildings has been submitted. The report’s conclusions are that the buildings are in such a poor state that they have ‘gone past the point of saving’ and are recommended for demolition. Given the historical interest of the buildings, I recommend that, in the event planning consent is granted, they are recorded prior to demolition. As far as it is safe to do so, this recording should be in accordance with a Level 2 Survey as described by Historic England in Understanding Historic Buildings A Guide to Good Recording Practice, 2016. I advise that the recording can be secured by attaching a condition to any planning consent and I suggest the following form of words: Prior to the carrying out of any demolition work the existing buildings affected by the proposed development shall be recorded in accordance with a Level 2 Survey as described by Historic England’s document Understanding Historic Buildings A Guide to Good Recording Practice, 2016. Within 2 months of the commencement of construction works a digital copy of the resultant Level 2 Survey report shall be furnished to the Local Planning Authority. Reason: to ensure that a permanent record is made of the buildings of historical interest prior to their demolition as part of the proposed development. Page 5 of 65 Furthermore, there is also the potential that the construction ground works of the proposed dwellings will disturb buried archaeological assets. Dalton is a medieval town and Furness Abbey established its secular court there from the 13th century. With its castle, market and flourishing iron industry, Dalton was the largest and most important settlement in Furness and the surrounding area during the medieval period. I therefore also recommend that, in the event planning consent is granted, the construction ground works should be subject to a programme of archaeological recording. This recording should be carried out during the course of the development (a watching brief) and can be secured through the inclusion of a condition in any planning consent. I suggest the following form of words: Prior to the commencement of development a written scheme of archaeological investigation must be submitted by the applicant and approved by the Local Planning Authority.