Agenda Item 5 REPORTS FOR DEBATE Eden District Council Planning Committee Agenda Committee Date: 18 December 2014 INDEX Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 14/0652 Recommended to: Proposed Dwelling (Replacing Consent 01/0432) 3 Site adjacent Holly House, Ainstable APPROVE Mr and Mrs Robinson Subject to Conditions 2 Planning Application No: 14/0528 Recommended to: Outline Planning Permission for Residential Development with 30% Affordable APPROVE 31 Land at Staynegarth, Stainton Subject to Conditions Atric Ltd 3 Planning Application No: 14/0692 Recommended to: Retrospective application for the retention of a dry stone wall APPROVE 45 Lane Farm, Weasdale, Newbiggin-on-Lune, Kirkby Subject to Conditions Stephen CA17 4LY Mr J Davis 4 Planning Application No: 14/0872 Recommended to: Single storey side and rear extensions and raise roof to form first floor accommodation. APPROVE 50 9 Brackenber Lodge, Shap Subject to Conditions Miss L Evans 5 Planning Application No: 14/0884 Recommended to: Reserved Matters Approval Sought for Appearance, landscaping, Layout and Scale in Relation to the Outline APPROVE Application 13/0243 Subject to Conditions 56 Site Adjacent to Inglenook, Stainton JIW Properties Ltd 6 Planning Application No: 13/0514 Recommended to: Application to modify the Section 106 Agreement attached to Planning Approval 09/0098 and 11/0446 to APPROVE enable the provision of 65% market led housing and Subject to Conditions 35% affordable housing from 100% affordable housing 65 previously agreed. Land at Beacon Farm, Eamont Bridge, Penrith Mr J Heath 1 Agenda Item 5 REPORTS FOR DEBATE 7 Planning Application No: 14/0654 Recommended to: Erection of single dwelling 74 Braithwaite's Garage Ltd, Newbiggin, Stainton, Penrith APPROVE Mr Braithwaite Subject to Conditions 8 Planning Application No: 14/0834 Recommended to: Erection of a new dwelling on land adjacent to Brookside, Glassonby REFUSE 81 Land adj to Brookside, Glassonby, Penrith Subject to Conditions Mr and Mrs A and J Relph 9 Planning Application No:14/0947 Recommended to: Non-material amendment to planning permission 10/0273 requiring the omission of a first floor window APPROVE and inclusion of a canopy to the front elevation. Subject to Conditions 88 13 Moorside, Hunsonby, Penrith, CA10 1PL Mr and Mrs D Brier 10 Planning Application No: 14/0765 Recommended to: Outline planning permission for the erection of two houses with approval sought for access APPROVE 92 Garden to Orchard Cottage, Little Salkeld, Penrith Subject to Conditions Mr and Mrs D Addis 2 Agenda Item 5 REPORTS FOR DEBATE Item 1 Date of Committee: 18 December 2014 Planning Application No: 14/0652 Date Received: 24 July 2014 OS Grid Ref: 353046 Expiry Date: 19 September 2014 546213 Parish: Ainstable Ward: Kirkoswald Proposal: Proposed Dwelling (Replacing Consent 01/0432) Location: Site adjacent Holly House, Ainstable Applicant: Mr and Mrs Robinson Agent: Graham K Norman (Architect) Ltd Case Officer: Rachel Lightfoot Reason for Referral: The recommendation to approve the application is contrary to the view of the Parish Council and objectors have requested a hearing. 3 Agenda Item 5 REPORTS FOR DEBATE 1. Recommendation It is recommended that the application be approved subject to the following conditions: 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing numbers: 114-115-03H received 19/11/14 and drawing numbers: 114-115-04D, 114-115-05D, 114- 115-06D,114-115-07D, received 02/10/14) and shall not be varied other than by prior agreement in writing by the Local Planning Authority. 3. The dwelling hereby approved shall not be occupied until full details of both hard and soft landscape works, including a phased programme of works, have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out within the first planting season following the occupation of the dwelling or in accordance with the programme agreed by the Local Planning Authority. This scheme will include planting along the northern boundary particularly to help screen views of the house and define the limits of the garden area. 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. 4. 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. 5. Notwithstanding the details on the plans hereby approved, samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced. The development shall be carried out in accordance with these details as approved unless otherwise agreed in writing with the Local Planning Authority. Reasons 1. In order to comply with the provision of the Town and Country Planning Act 1990. 2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3. To ensure that the development is landscaped in the interest of the visual character and appearance of the area. 4. In the interests of road safety. 5. In the interests of visual amenity. 4 Agenda Item 5 REPORTS FOR DEBATE 2. Site Description and Proposal 2.1 Proposal 2.1.1 The site is within the village of Ainstable and forms part of a larger three plot site (approved under planning permission reference 01/0432) on which two plots have been constructed and are inhabited. The site includes an additional area of land measuring 112m2 (on the north boundary) which was not previously approved for development. Planning permission 01/0432 is extant as the first two plots have been constructed. 2.1.2 The application proposes amendments to the approved layout and design. In summary, the detached garage is to be removed and the placed under the lounge of the bungalow, the finished floor level (FFL) increases from 201.5 to 202.6 at its highest point over the lounge area (an increase of 1.1m) and the resultant ridge heights (the proposal has two ridges) increase by 0.15m and 0.67m. The total footprint of the approved dwelling (measured externally) is 165m2 (the house is 129m2 and the detached garage is 36m2) and the footprint of the proposed house and integral garage is 167m2 (an increase of 2m2). For clarity these changes are set out in the table below. 2.1.3 The application also proposes a change to the site area. The approved site area is shown on the approved drawing as 737m2 although in measuring it from a scale plan it appears to be more like 765m2. The application extends the site to the north to include an area of agricultural land (+112m2) and confirms the proposed site area is 830m2. Basing the approved site area on these known accurate figures suggests that the original site area was (830m2 (proposed) – 112m2 (additional strip) = 718m2 although this is slightly less (19m2) that what is shown on the approved plans and much less (47m2) when the site area is calculated from the scale plan. For clarity the changes are summarised in the table below: Ridge Max Ridge Min FFL Max Footprint Site Area Approved Dwelling 206.5 206.5 201.5 165m2* 737m2** Proposed Dwelling 207.17 206.65 202.6 167m2 830m2 Difference + 0.67m + 0.15 +1.1m +2m2 +93m2 * Including detached garage of 36m2 ** It has been difficult to ascertain the exact site area of the approved house due to the nature of the plans and apparent discrepancies between them. The approved site area is approximately 737m2 which is the site area given on the approved site plan. 2.1.4 The external appearance has changed including the proposed materials - most notably the change from stone to render on the south west elevation. The north east elevation includes additional and enlarged windows, the south east elevation includes an additional half-windowed door to a utility room and an additional door including side light, the south west elevation (which faces the properties Forella and Dean View) has one obscured glazed window and two roof lights as opposed to the bedroom and bathroom window, and the arrangement of openings on the north west elevation is slightly amended. 5 Agenda Item 5 REPORTS FOR DEBATE 2.1.5 The application has been amended on several occasions through the application process. The first amendment received by the department on 01/10/14 reduced the north west elevation by approximately 2m and decreased both ridge heights by 0.53cm and 0.42cm. Full re-consultation was undertaken for this amendment. The second amendment was received on 05/11/14and realigned the northern boundary, highlighted an ash tree that was to be retained and relocated an existing hedge on the site. Full re- consultation was undertaken for this amendment. Further non-material amendments were also made which reduced the red line boundary, and relocated the incorrectly plotted ash tree. Full re-consultation was not considered necessary given the nature of these changes although the immediate neighbours and the parish council were re- notified. 2.2 Description of the Site and the Surroundings 2.2.1 The site lies on ground falling from the properties Dean View and Forella. The ground level falls approximately 1.5m from the rear elevations of those properties to the fence line and a further 2.6m across the width of the site (south to north).