planning committee agenda: 19 january 2017 - eden … · planning committee agenda committee ......

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Eden District Council

Planning Committee AgendaCommittee Date: 19 January 2017

INDEX

Item No Application Details Officer

Recommendation

1 Planning Application No: 16/0682Outline planning application for residential development with all matters reserved.Land behind Tanglewood, High Street, MorlandMrs H Cain

Recommended to:

APPROVESubject to Conditions

2 Planning Application No: 16/0908Removal of Condition 1 (Local Occupancy) of Planning Approval 99/0570Limekiln Barn, NewbyMr D Hunter

Recommended to:


3 Planning Application No: 16/0921Proposed 2 storey gable extension to provide garage at ground floor and master en suite bedroom at first floor.Eden Chase, High HesketMr S McKenzie

Recommended to:


4 Planning Application No: 16/0964Reinstatement of Extension Following Impact Damage13 Doomgate, ApplebyMr M Bailey

Recommended to:

REFUSEWith Reasons

5 Planning Application No: 16/0960Erection of 9 dwellings including 2 affordable dwellings (partly retrospective)Land adj to Prospect House, Kings MeaburnWillan Trading Ltd

Recommended to:


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6 Planning Application No: 16/0926Reserved Matters application for appearance, layout and scale attached to outline approval 16/0513Site adj Knock Hall,KnockMr and Mrs Dixon

Recommended to:


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Item 1

Date of Committee: 19 January 2017

Planning Application No: 16/0682 Date Received: 20 July 2016

OS Grid Ref: 6656820454

Expiry Date:

Parish: Morland Ward: Morland

Application Type: Outline

Proposal: Outline planning application for residential development with all matters reserved.

Location: Land behind Tanglewood, High Street, Morland

Applicant: Mrs H Cain

Agent: PFK Planning

Case Officer: D Cox

Reason for Referral: This application is before Members because the recommendation is contrary to the views of the Parish Council.

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1. Recommendation

It is recommended that delegated power be given to the Planning Services Manager to grant planning permission subject to a Section 106 Agreement being entered into to the absolute satisfaction of the Director of Corporate and Legal Services and the Planning Services Manager requiring the payment of a commuted sum involving 12% of the GDV for the development sought and the Council’s reasonable costs being paid in relation to that Section 106 Agreement, and subject to the following conditions:

1) The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990.

2) Approval of the reserved matters shall be obtained from Local Planning Authority in writing before any development is commenced.

Reason: The application is in outline form only and is not accompanied by full detailed plans.

3) The development hereby granted shall be carried out strictly in accordance with the location plan and details hereby approved (drawing number 1, dated as received on 20 July 2016 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

4) No consent is given to the layout of the houses on drawing number 2.

Reason: To define the planning permission.

5) The Shared Access Way shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect full engineering details shall be submitted for approval before work commences on site and 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 regarded as complete.

Reason: To ensure a minimum standard of construction in the interests of highway safety.

6) The accesses and 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 for approval before work commences on site. No work shall be commenced until a full specification has been approved.

Reason: To ensure a minimum standard of construction in the interests of

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highway safety.

7) Ramps shall be provided in the footway opposite the junction, to enable wheelchairs, pushchairs etc to be safely manoeuvred at the kerb line; and be constructed as part of the development.

Reason: To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety.

8) No dwelling shall be occupied until the vehicular access and parking requirements have been constructed in accordance with the approved plan and brought into use. These facilities 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.

9) The access and parking/turning requirements, shown on the plan, shall be substantially met before any building work commences on site so that constructional traffic can park and turn clear of the highway. Once complete they shall be retained capable of use thereafter and shall not be altered without the prior consent of the Local Planning Authority.

Reason: The carrying out of building works without the provision of these facilities is likely to lead to inconvenience and danger to road users. Retention of the facilities ensures an appropriate standard of parking and access for as long as the use continues.

10) Prior to commencement of development, details of the root protection area within 15 metres radium of the stem of the protected tree (Ash tree: Tree Preservation Order No 142, 2012), shall be submitted to and approved in writing by the Local Planning Authority. Any approved measures to protect the root system shall be in place prior to commencement of development and shall remain in place until completion of the development.

Reason: To prevent damage to the tree in the interest of the visual character and appearance of the area.

11) The land within the aforementioned root protection area shall not be used for the storage of building materials, plant machinery or other items, or for vehicular access or for the burning of materials of any kind.

Reason: To prevent damage to the tree in the interest of the visual character and appearance of the area.

12) Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed and maintained after completion) shall be submitted to and approved in writing by the Local Planning Authority.

Surface water drainage scheme must be in accordance with the Non-Statutory

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Technical Standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public storage system either directly or indirectly.

The drainage scheme submitted for approval shall also be in accordance with the principles set out in the Drainage Strategy and report dated 15 January 2015 proposing surface water discharging to Morland Beck.

The development shall be completed, maintained and managed in accordance with the approved details.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

13) No development shall commence until a construction surface water management plan has been agreed in writing with the Local Planning Authority.

Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of watercourses downstream of the site.

14) No development shall commence until the appropriate Flood Defence consent or permit has been granted for the proposed changes to watercourse for the discharge to Morland Beck.

Reason: To protect and enhance the natural environment surrounding the watercourse.

15) The drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted Drainage Strategy and Report, dated 15 January 2015, ref SM/JD 5029 proposing surface water discharging into Morland Beck, which was prepared by Tweddell & Slater. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. The development shall be completed in accordance with the approved details.

Reason: To ensure a satisfactory form of development and to prevent an undue increase in surface water run-off and to reduce the risk of flooding.

16) Prior to the commencement of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the Local Planning Authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

a) The arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a Resident’s Management Company; and

b) Arrangements concerning appropriate funding mechanisms for its ongoing maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as ongoing inspections relating to performance and asset condition

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assessments, operation costs, regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason: To manage flooding and pollution and to ensure that a managing body is in place for the sustainable drainage system and there is funding and maintenance mechanism for the lifetime of the development.

Informatives:

Should any unexpected ground conditions, which could indicate the presence of land contamination (for example unusual colours, odours, liquids or waste materials) be encountered during the development, the Environmental Protection Team should be notified immediately.

The level of cover to the water mains and sewers must not be compromised either during or after construction.

Two 11Kv lines cross the proposed development area and a HV pole is located within the development with an associated pole mounted transformer and multiple LV cables which supply a number of properties in the local area. Such equipment may require diverting for the development to proceed which is usually at the cost of the applicant therefore it is recommended that Electricity North West diversions team are contacted to discuss the implications of this development. The applicant is advised that great care should be taken at all times to protect both the electrical apparatus on site and any personnel working in its vicinity.

A separate metered supply to each unit will be required at the applicant's expense and all internal pipe work must comply with current water supply (water fittings) regulations 1999.

2. Site Description2.1.1 Outline planning permission is sought for housing on a field the east side of High

Street, Morland, with all matters, including types and number of houses, reserved for future consideration.

2.1.2 This application is therefore only to consider the principle of a housing development on this site. An “indicative” plan has been submitted which shows a housing layout of 9 houses, along with car parking, visitor parking, tree planting, drainage details, and a possible link to the adjoining site, as well as access from the High Street.

2.1.3 The application site is a linear field positioned between High Street and Water Street and access would be provided off High Street. The site falls towards Water Street and is enclosed by hedgerows and fencing. It is located centrally within the designated Local Service Centre of Morland.

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2.1.4 The site has previously been the subject of a planning application under reference 12/0018 which was withdrawn whilst issues of site drainage were to be resolved. A Drainage Statement now accompanies the planning application, demonstrating that the land can be drained.

2.1.5 The applicant has confirmed acceptance of the requirement to enter into a Legal Agreement to secure a 12% contribution as a payment towards the Authorities affordable housing aims.

3. Consultees3.1 Statutory Consultees

Consultee ResponseLocal Highway Authority No objection subject to condition.Local Drainage Authority No objection subject to condition.

The following are detailed responses as outlined above:

3.1.1 Name of Consultee - Details of response received

3.2 Discretionary Consultees

Consultee ResponseContaminated Land Officer No objection subject to informative.United Utilities No objection subject to informative.Housing Officer Development in this location and of the scale

envisaged (in indicative plan) would require the payment of the requisite commuted sum in accord with the Authorities affordable housing aims.

Electricity NW No objection subject to informative.Arboriculturalist No objection subject to condition.

The following are detailed responses as outlined above:

3.2.1 Name of Consultee - Details of response received

4. Parish Council/Meeting Response

Please Tick as AppropriateParish Council/Meeting Object Support No Response No View

ExpressedMorland PC

4.1 The Parish Councillors object to the application proposal, the reasons for their recommendation to refuse are listed below.

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Reasons:

ATTENUATED SURFACE WATER SYSTEM & GREY WATER RECYCLING.

Whilst this system may be used for 7 of the 9 proposed properties, the 2 lowest properties in terms of elevation will not have access to this system. The proposal for these properties is a grey water recycling option. Details should be provided on how this water will be stored and where any over flow will be directed. Saturation of the ground will cause water to run off directly to the properties on Water Street. This should be actioned and a revised Outline Planning Application submitted on the outcome.

DISCHARGE PIPES WILL TRAVERSE LAND UNDER DIFFERENT OWNERSHIP TO APPLICANT.

It has been assumed in the Discharge Pipes will pass through the land under different ownership. No approach has been made to these property owners. This should be actioned and permission either granted or refused by the property owners and based on this and a revised Outline Planning Application submitted.

SURFACE WATER OUT FALL INTO MORLAND BECK.

It has been assumed in the Surface Water Outfall Pipes will pass through the land under different ownership. No approach has been made to these property owners. This should be actioned and permission either granted or refused by the property owners and based on this and a revised Outline Planning Application submitted.

It is also assumed that Morland Beck can cope with an increase of flow, however in recent years in times of heavy rainfall this is not the case and the Beck has flooded many times and severe damage to the infrastructure running alongside the beck.

FOUL DISCHARGE WOULD CONNECT TO THE EXISTING PUBLIC SYSTEM IN WATER STREET.

It has been assumed that the Foul Discharge Outfall Pipes will pass through the land under different ownership. No approach has been made to these property owners. This should be actioned and permission either granted or refused by the property owners and based on this and a revised Outline Planning Application submitted. It is also assumed that the existing public system can cope with an increase of flow.

Due to the extreme gradient of the site this standard drainage system most likely will not sufficient for the speed and volume in which the water runs off not only this site but also from the village above. Careful consideration should be given to this as it will have a serious adverse effect on the home below the site. The discharge pipes should be enlarged to a minimum of nine inches to help cope with the sudden and heavy downpours of rain. Also a second power source should be considered as at the times that the system is in most need are also the times when power failures are most likely.

We would also like to stress the fact the it has been presumed that land under different ownership will be accessible, in fact none of the households have been consulted or asked about access and without an agreement in principle in place there would seem little point progressing the planning application.

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ACCESS.

It has been presumed by the application that the access to the proposed development is still the same, and have used the same information as provided in previous application 12/0018. Since that time a new property has been built and this dramatically alters the access and the splay distances. This should be addresses and a revised Outline Planning Application submitted.

5. Representations5.1 Letters of consultation were sent to nearby neighbours and a site notice was posted on

12 August 2016.

No of Neighbours Consulted 23 No of letters of support 0No of Representations Received 5 No of neutral representations 1No of objection letters 4

5.2 The application was publicised by the posting of a site notice and neighbour notification letters. Reflecting the nature of previous objection and concern (received under Withdrawn application 12/0018), five letters of objection have been submitted in relation to the present application and all are summarised as follows:

Local policy seeks to achieve 50% brown field use for new developments. This development represents the loss of good quality agricultural land. There are suitable brown field sites in Morland.

The site is grazing land, a meadow supporting diversity of plant and animal life.

The linear layout is out of character with Morland. The village has already undergone a number of small developments over the last 20 years. This development would start to compromise the character of the village by shifting the ratio of vernacular properties to modern new build.

The market for new building properties is extremely poor with significant oversupply indicated by the failure of other similar developments across Eden to sell in a timely manner. Focus should be on selling existing stock. There has already been development, not all a success: Mother Croft, Crown Inn Fields and latterly the Old Farmstead. They did not sell right away and took years to get them all occupied. No more building in this village. There are houses in the village currently for sale and there are two other sites at the Vicarage and Town head which have planning permissions for housing.

Morland does not have any employers or requirements for key worker and therefore no need for social housing in addition to that already available at Crown End Fields. Significant social housing and low cost housing is available in Penrith where there are appropriate employment opportunities.

No need for houses in Morland. The village has only one employer (a transport company) and has little or no local employment opportunities. Future occupiers of the properties would need to travel to Penrith or Appleby (or further) for employment. The application is providing generic housing provision for the whole of Cumbria.

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All future occupants would need to travel to work. All roads entering Morland are single track/restricted width.

The village has no suitable public transport meaning all occupants would need a car to travel to work, increasing traffic movement and carbon discharges.

Despite its designation as a local service centre, the village does not have a proper shop or doctors meaning all new occupants would need to travel at least 7 miles for a shop or 4 miles for a doctor on poor quality roads. The proposal does not offer any measures to support sustainable development (including drainage, public transport links or energy efficiency).

Road safety. High Street, which would provide the entrance to the site, is narrow and congested, especially as a result of recent neighbouring development (adjacent possible access from the High Street). Development in this locality may affect road safety in relation to the nearby primary school.

The access to the site would have an impact on road safety as it appears narrow for the size of the proposed development and vision being impaired by Blossom Hill Cottage and an electricity transformer, along with parking on the road.

No mention is made to the current and future capacity of the Morland Sewerage treatment works. The construction of more houses will place additional loading on the system and on Morland beck. Already problems with the system and sewerage on Water Street backing up to the manholes.

Nobody has asked our permission to put foul water pipes through neighbouring gardens.

Concern with run-off from the site especially during heavy rain and what might happen in the event of heavy rain and do not want water cascading through my home because a large part of land above has been covered in tarmac and concrete and the rain cannot be absorbed.

During periods of heavy rain surface water from the field runs down the public footpath between The Cobbles and the Old Smithy and onto Water Street.

The properties would overlook gardens in Mother Croft resulting in unacceptable loss of privacy.

The site is on a slope and is considerably higher level than Water Street. The houses would dominate our gardens and backs of our houses, destroying our privacy because of the topography of the land.

Loss of garden at Blossom Hill Cottage.

The scheme as submitted could not be constructed without the removal of trees.

The application site together with the adjacent site field was previously allocated for residential development and consider that it would not be good planning for this land to be developed on its own, potentially making the adjacent land landlocked and undevelopable.

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6. Relevant Planning HistoryRelevant planning history.

Application No Description Outcome12/0018 Outline application for residential

development.Withdrawn.

7. Policy Context7.1 Development Plan

Core Strategy DPD Policy:

CS1 - Sustainable Development Principles CS2 - Locational Strategy CS7 - Principles for Housing CS8 - Efficient Use of Land CS10 - Affordable Housing CS18 - Design of New Development.

Supplementary Planning Documents:

Housing (2010)

8. Planning Assessment8.1 Key/Main Planning Issues

8.1.1 Principle of housing development on the site.

Vehicular access.

Drainage.

8.2 Principle

8.2.1 Following the withdrawal of earlier application Ref No 12/0018, this application is again for the consideration of a housing development on land off High Street, Morland. All matters relating to appearance, landscaping, layout, scale and drainage are to be subject to a future planning application.

The application is accompanied by a Drainage Strategy and Report, together with confirmation that the applicant accepts the need to enter the appropriate Legal Agreement (Section 106) to secure affordable housing provision in accord with adopted Authority aim.

8.2.2 The site is part of an allocated housing site under the Eden Local Plan 1996 Saved Policy HS1 - Allocations for Residential Development, although it carries little material weight.

8.2.3 The relevant adopted Local Plan is the adopted Eden Core Strategy. Policy CS2 Locational Strategy of the Core Strategy identifies Morland as a Local Service Centre

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where the focus of development will be ‘small scale development to sustain local services, support rural business and meet local needs, including housing, provision of employment and improvements to accessibility’. The policy also states that ‘….the scale and nature of the development should take into account the capacity of essential infrastructure and should respect the character of the town or village concerned’. This application is in outline only and scale of development is a reserved matter, however an indicative plan has been submitted illustrating that 9 residential properties could be accommodated on this linear site.

8.2.4 A number of objections have been received from nearby residents and the Parish Council with the main concerns related to the loss of agricultural land; no need for housing; highway safety issues and access; drainage; overlooking and loss of privacy and amenity. Comments raised have been fully considered. Although the application relates to a green field site, it has been allocated for housing within the 1996 Development Plan and is still relevant. The Local Planning Authority remains satisfied that the need for housing on this allocated site should be supported.

8.2.5 The Highway Authority has confirmed that (.. although the proposal is in outline with all matters reserved) a proposed development of 9 houses could be acceptable. Nevertheless the LHA need to consider that a suitable access to the development can be achieved. The applicant has suggested that the development is from the access (onto High Street) proposed under planning application 12/0018. Conditional approval is recommended by the LHA.

8.2.6 Concerns have been raised by occupiers adjacent to the site regarding possible over-looking and loss of privacy. As already mentioned the application is Outline and the detailed design and layout would be considered at the Reserved Matters stage. Nonetheless, the indicative plans do show that a layout can be achieved that, with conditions restricting overlooking windows (particularly with regard to ‘Tanglewood’), would not have an adverse impact on the neighbouring occupiers. It is considered that the development of this site would not have an adverse impact on the amenity and privacy of nearby occupiers. All matters are reserved.

8.2.7 The application site is part of a larger allocated site with the remaining allocation being the field immediately to the north. Concerns have been raised that the development of the application site would lead to a land-locked site and could not be developed in the future. The indicative plan identifies a link extending up to the boundary to provide a possible future vehicular access to the adjoining site.

8.2.8 A common concern raised by nearby residents as well as the Parish Council is how the site can be adequately drained. As Lead Local Flood Authority (LLFA) the County Council have confirmed that conditions be attached to any approval, in accordance with the requirements of the United Utilities. The United Utilities (UU), following their review of Drainage Strategy and Report submitted by the applicant, dated 15 January 2015 proposing surface water discharge into Morland Beck, have confirmed that the proposal is acceptable in principle, subject to conditions. The objectors’ concerns in this aspect are therefore addressed and the proposal is considered acceptable in the light of the relevant aims and criteria concern of adopted Core Strategy Plan Policy CS18.

Should the application be approved a drainage condition is recommended that would ensure that a scheme is agreed before any development takes place.

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9. New Homes Bonus9.1 The prospect of receiving a Bonus is, in principle, capable of being taken into account

as a ‘material consideration’ in determining a planning application. Whether potential Bonus payments are in fact a material consideration in relation to a particular application will depend on whether those payments would be used in a way which is connected to the application and to the use and development of land. For example, potential Bonus payments could be a material consideration if they were to be used to mitigate impacts resulting from development. But if the use to which the payments are to be put is unclear or is for purposes unrelated to the development concerned a decision maker would not be entitled to take them into account when making a decision on a planning application. In this particular case, there are no plans to use the New Homes Bonus arising from this application in connection with this development.

10. Implications10.1 Legal Implications

10.1.1 The recommendation is that delegated power be given to the Planning Services Manager to grant planning permission subject to a Section 106 Agreement being entered into to the absolute satisfaction of the Director of Corporate and Legal Services and the Planning Services Manager requiring the payment of a commuted sum involving 12% of the GDV for the development sought and the Council’s reasonable costs being paid in relation to that Section 106 Agreement, as the site is considered capable of accommodating between 6-10 units, and is located within the designated Local Service Centre of Morland.

10.2 Equality and Diversity

10.2.1 The Council must have regard to the elimination of unlawful discrimination and harassment, and the promotion of equality under the Equality Act 2010.

10.3 Environment

10.3.1 The Council must have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006.

10.4 Crime and Disorder

10.4.1 Under the Crime and Disorder Act 1998, the Council must have regard to the need to reduce crime and disorder in exercising any of its functions.

10.5 Children

10.5.1 Under the Children Act 2004, the Council has a duty to safeguard and promote the welfare of children in the exercise of any of its functions.

10.6 Human Rights

10.6.1 In determining applications, the Council must ensure that all parties get a fair hearing in compliance with the provisions of Article 6 under the European Convention on Human Rights, as now embodied in UK law in the Human Rights Act 1998.

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11. Conclusion11.1 It is considered that the proposal accords with the Development Plan for the following

reasons which are not outweighed by material considerations:

Matthew NealDeputy Chief Executive

Background Papers: Planning Files 12/0018.

Checked by or on behalf of the Monitoring Officer

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Item 2


Planning Application No: 16/0908 Date Received: 6/10/16

OS Grid Ref: 3589 5213 Expiry Date: 30/1/17

Parish: Newby Ward: Morland

Application Type: Full

Proposal: Removal of Condition 1 (Local Occupancy) of Planning Approval 99/0570

Location: Limekiln Barn, Newby

Applicant: Mr D Hunter

Agent: N/a

Case Officer: Mat Wilson

Reason for Referral: The Officer’s recommendation is contrary to the comments of the Parish Meeting

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1. Recommendation

It is recommended that planning permission be granted without conditions

2. Proposal and Site Description2.1 Proposal

2.1.1 The application relates to a barn which has been converted to two dwellings at Newby Head in the village of Newby. Permission was granted for the conversion in 1999 subject to a number of conditions, including a local occupancy condition as follows:

Condition 1) The dwellings hereby permitted shall each be occupied by at least one person who uses it as his or her permanent place of residence, and who can demonstrate that:

i) he or she has lived in Eden District for at least one year prior to taking up occupation of the dwelling hereby permitted; or

ii) he or she, although not a resident of Eden District, has long standing family links with someone who lives within the parish.

iii) or a dependent of such a person residing with him or her, or a widow or widower of such a person.

Reason: In the absence of such an occupancy restriction the scheme would conflict with the provisions of Local Plan Policy BE25.

2.1.2 This application seeks to remove the above condition.

2.2 Site Description

2.2.1 The application site lies at the northern edge of Newby Head on the western fringe of Newby village. The building is a substantial stone-built former barn now converted into a pair of three-storey dwellings.

2.2.2 The nearest Local Service Centre is Morland, around 1 mile from the application site. Newby itself therefore is deemed a Smaller Village in terms of the hierarchy of settlements set out in the Locational Strategy policy CS2 of the Core Strategy.

2.2.3 The site has no other specific designation in terms of planning policies, ie it is not within a Conservation Area, an area at risk of flooding, etc.


Consultee ResponseHighway Authority The Highway Authority has no objection to the

removal of condition 1 as the highway will not be affected by the proposal

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Consultee ResponseParish Meeting At a meeting of Newby Parish last evening this

application was discussed and the meeting asked me to advise you that it objects to the proposal.

The original planning permission was only approved because it included the local occupancy clause and the Parish is concerned that if this were removed it leaves the property available to second home or holiday home buyers. The meeting agreed that the local occupancy clause is wide enough to not restrict any future sale of the property.



ExpressedNewby Parish Meeting


15 November 2016.


6. Relevant Planning History 99/0570 – Conversion of Barn to two dwellings: Conditionally Approved


Saved Local Plan Policies:

NE1 - Development in the open countryside


CS1 - Sustainable Development Principles CS2 - Locational Strategy CS3 - Rural Settlements and the Rural Areas CS7 - Principles for Housing CS9 - Housing on Rural Exception Sites

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Supplementary Planning Documents:

Housing (2010)7.2 Other Material Considerations

National Planning Policy Framework:

Presumption in favour of sustainable development Demonstrating a deliverable 5-year housing land supply Delivering a wide choice of high quality homesNational Planning Practice Guidance

7.3 The policies detailed above are the most relevant policies relating to this application.


Housing Policies

8.2 Principle

8.2.1 The barn conversion was granted in 1999 subject to a local occupancy restriction, as required by policies extant at the time. In particular, Policy BE25 Reuse of Buildings in the Countryside specifically mandated that outside villages and hamlets, conversions would be allowed only where they would create employment opportunities or meet an identified local housing need.

8.2.2 This policy has been superseded by CS2 Locational Strategy in the adopted Core Strategy, which widened the scope of the policy to restricting all development in smaller villages, hamlets and open countryside to that which meets an identified need.

8.2.3 Eden’s housing policies should however be considered out of date due to the lack of a five year housing land supply. The National Planning Policy Framework therefore takes precedence in this respect. There is no stipulation in the NPPF for rural building conversions to be restricted to local occupancy. Furthermore, within certain parameters the conversion of agricultural buildings to a residential use has since 2014 been a permitted development, subject to the Local Authority’s prior approval.

8.2.4 Following a number of appeals being allowed by the Planning Inspectorate against this Authority’s refusal to lift similar conditions, Eden’s Planning Applications Committee resolved at its meeting on 18 June 2009 that the practice of imposing such conditions on market dwellings be discontinued.

8.2.5 It is concluded therefore that the local occupancy condition on this barn conversion is no longer reasonable, and that the application for its removal should therefore be granted.

8.3 Landscape and Visual Impacts

8.4.1 No additional impact.

8.5 Residential Amenity

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8.6 Built Environment


8.7 Infrastructure





10.1.1 The following matters have been considered but no issues are judged to arise.



10.3 Environment




10.5 Children


10.6 Human Rights


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The proposed removal of the local occupancy condition is considered to be acceptable in principle as directed by the requirements of the NPPF. The development would have no material impact on the landscape, neighbouring amenity or highway safety. In the absence of any significant or demonstrable material adverse impact the proposal is considered to be in accordance with the NPPF and the development plan.


Background Papers: Planning File


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Item 3


Planning Application No: 16/0921 Date Received: 14 October 2016

OS Grid Ref: 3797 5128 Expiry Date: 15 December 2016

Parish: Hesket Ward: Hesket


Proposal: Proposed 2 storey gable extension to provide garage at ground floor and master en suite bedroom at first floor.

Location: Eden Chase, High Hesket

Applicant: Mr S McKenzie

Agent: Mr Chris Davidson

Case Officer: Nick Atkinson

Reason for Referral: The recommendation is contrary to the views of the County Highway Authority.

Plan 1 – Location Plan

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Plan 2 – Wider Location Plan

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1. Recommendation

It is recommended that planning permission be granted subject to the following conditions:

Time limit for commencement1. The development permitted shall commence before the expiration of three

years from the date of this permission.

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans2. The development hereby permitted shall be carried out strictly in accordance

with the following drawings and documents hereby approved by the Local Planning Authority:

i. Application Form dated 12 October 2016, received 14 October 2016;ii. Location Plan (ref: 16-19-03), received 14 October 2016;iii. Block Plan (ref: 16-19-04), received 14 October 2016;iv. As Proposed Floor Plans, Elevations & Sections (ref: 16-19-02) dated

October 2016, received 14 October 2016;v. Visibility Splays (ref: 16-19-05) dated December 2016, received 05

December 2016.Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pre-Commencement Conditions

3. The development hereby approved shall not commence until visibility splays have been provided in accordance with the plan ‘Visibility Splays (ref: 16-19-05) dated December 2016, received 05 December 2016’, at the junction of the access road with the County Highway. Thereafter, the visibility splays shall be maintained free of obstruction.

Reason: In the interest of highway safety.

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.

Reason: In the interest of highway safety.


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2.1.1 The application is for full planning permission for the construction of a two storey gable extension to an existing property to create a master en suite bedroom at the first floor and to provide a garage at the ground floor.

2.1.2 The proposed extension would be brick built to match the host building. The extension would be 6.3 metres x 7.2 metres covering a total floorspace of 45.36 square metres. The proposed extension would have a pitched, concrete tiled roof extending to the same ridge line and eaves height as the existing host building. The extension would have white UPVc window and door openings, which would also mirror the host building.

2.1.3 The proposed development would also include the creation of a second access point onto the adjacent public highway. The new access point would not result in an intensification of vehicle movements to the property, being used only by the existing vehicles at the property. The new access point would be required in order for vehicles to access the proposed new garage, which could not be achieved via the existing access due to a drop in topography and site levels.


2.2.1 The application site lies approximately 300 metres to the south east of the village of High Hesket, which is a Local Service Centre and the nearest settlement.

2.2.2 The host building is a medium to large sized bungalow set in a sizeable plot which sited in a relatively remote and rural location. The host building is brick built, with a pitched tiled roof. The host building is of a simple design and of subtle architectural merit which enables the property to be appropriately developed.

2.2.3 The property is enclosed by a 1.5 to 2 metre high wooden fence partially surrounded by mature trees and hedges. The land subject of this application currently forms part of the front/side garden of the property.

2.2.4 The application site has no other specific designation and is not affected by any planning constraints which would be considered relevant to the determination of this planning application


Consultee ResponseHighway Authority Responded advising that the required visibility splays

for the new access do not achieve the current highway standards (2.4m by 215m in each direction) for a derestricted highway. No evidence has been provided by means of a speed survey to demonstrate that vehicles travel slower than 60mph on the highway. Therefore, the standards for visibility splays onto a 60mph highway apply in this instance. As such, the Highway Authority objects to the proposal.

However, it was noted that should the Local Planning Authority be minded to approve the application,

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conditions should be included relating to:

Laying out and maintaining the visibility splays, in the interests of highway safety;

The access road, gates and visibility splays to be constructed to appropriate specification in the interest of highway safety; and

Measures to be submitted to prevent surface water drainage onto the highway – this condition is not considered to be appropriate or necessary due to the small-scale nature of the proposed extension.

4. Parish Council Response


ExpressedHesket Parish Council

5. Representations5.1 The application was advertised by way of a site notice posted on 03 November 2016

and the following letters of consultation were sent to nearby neighbours:


5.2 No letters of representation were received to the advertisement of this application.

6. Relevant Planning HistoryThere is no relevant planning history to the determination of this planning application.


Saved Local Plan Policies:

NE1 - Development in the open countryside


CS1 - Sustainable Development Principles CS2 - Locational Strategy CS3 - Rural Settlements and the Rural Areas CS7 - Principles for Housing

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CS16 – Principles for the Natural Environment CS18 - Design of New DevelopmentSupplementary Planning Documents:

Housing (2010)7.2 Other Material Considerations


Core Planning Principles Presumption in favour of sustainable development Delivering a wide choice of high quality homes Requiring good design



8.1.1 Whether the principle of the development is acceptable and accords with the Development Plan. In particular, whether or not the proposed development would adversely impact upon the character of the area, upon local residential amenity, visual or otherwise or the local highway network.

8.2 Principle

8.2.1 The Core Strategy, Eden Housing SPD and the National Planning Policy Framework, support appropriate extensions to existing dwellings which display appropriate design and reflect the character of the local area.

8.3.2 The proposed extension would be of a simple design so as to reflect the character and appearance of the host building. Although the proposed extension would be two storey, the development would not increase or alter the height of the roof of the property due to the topography and ground levels of the site. The proposed extension would be brick built with a render finish and a pitched tiled roof that would merge into the host building’s roof line.

8.3 Design and Appearance

8.3.1 The proposed extension is of an appropriate size and scale so as to be subservient to the host building and appear as a natural annex of it. The proposed construction materials are partially in-keeping with those of the host building, which would help the extension to integrate with the host building and appear sympathetic in appearance. The proposed extension is of a simple design so as to reflect the character and appearance of the host building and other properties within the locality.

8.3.2 Although the proposed extension would be sited adjacent to the public highway, due to the rural nature of the application site and the existence of a number of trees and hedgerows along the boundary of the property, the proposed extension is likely to be relatively discreet. Whilst the proposed extension would not be entirely screened from public views, the remaining vegetation and trees would partially screen and soften the visual impact of the development.

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8.3.3 Therefore, for the reasons detailed above, it is considered that the proposed development would harmonise with the host building and have a negligible impact upon the character of the area.


8.4.1 Due to the slight rural setting and location of the host building, there would be only one neighbouring residential property in the immediate vicinity of the application site. This property would be set back approximately 30 metres from the application site, with no clear views available due to the existence of a number of mature trees. Furthermore, both properties are bungalows with no high level windows facing each other.

8.4.2 Therefore, due to the stand-off distance that exists, the lack of facing views and the discrete nature of the proposed extension, it is considered that the proposed development would have a negligible impact upon the amenity of any neighbouring properties, visual or otherwise.

8.5 Local Highway Network

8.5.1 An objection to the application has been received from the Highway Authority in relation to the limited and substandard visibility splays available from the proposed new access point. In accordance with current highway design guidance contained within the ‘Cumbria Design Guide and Manual for Streets’, the Highway Authority requires that due to the derestricted nature of the highway, the required visibility splays to be provided should be 2.4 metres by 215 metres in each direction. The applicant has demonstrated that only 2.4 metres by 17 metres could be achieved in this instance.

8.5.2 Whilst the views of the Highway Authority are noted, and that the proposed visibility splays are well below the required standards within Cumbria, it is considered that taking into account site specific circumstances, in this instance sufficient material considerations exist so that a refusal would not be appropriate on highway grounds alone. The reasons and considerations are detailed and discussed below.

8.5.3 Firstly, although the proposed access does not meet the current visibility standards of the Local Highways Authority, it is noted that the formation of a new access road onto an unclassified public highway would not normally require the prior grant of planning permission. In this instance the access is included within the development due to its link to the garage element of the proposed extension. However, it is usually the case that the proposed access is permitted development. On this basis, the limited visibility splays are not considered to be justification for the refusal of this application.

8.5.4 Secondly, the host property currently benefits from an existing access onto the public highway which is in a location where visibility conditions are not too dissimilar from those proposed. The proposed access would only be used by the owners, to utilise the proposed new garage. Due to the nature of the proposed development being a small-scale extension to an existing residential dwelling, it is unlikely that there would be any intensification in the number of vehicles accessing the site or using the local highway network. As such, it is considered that the proposed development would not result in any significant harmful impacts upon the highway network.

8.5.5 Finally, although the public highway is a restricted public highway, upon which vehicles can travel at speeds of up to 60mph, the size, nature and alignment of the road means that it is unlikely that such speeds are travelled. The road is an unclassified county highway which does not directly access any villages or other settlements. The public

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highway is very rural in nature and winds arounds the back of High Hesket, predominantly accessing farms and a small number of rural properties. The proposed new access would be located approximately 30m to a bend in the road to the south west and approximately 95 metres to a bend in the road to the north east, reducing the speeds that cars would be travelling past the proposed access. As such, it is considered that the proposed development is unlikely to result in any adverse impacts upon highway safety.

8.5.6 Therefore, due to the nature of the public highway, the limited levels of vehicular traffic associated with the development and that the proposed access does not in itself require planning permission, it is considered that sufficient planning merit exists to over-ride the concerns and objection raised by the Highway Authority.







10.3 Environment




10.5 Children


10.6 Human Rights

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The proposed development represents an appropriate and acceptable extension to the host property, which would result in no adverse or demonstrable harm upon local amenity or the character of the area. Whilst issues and an objection have been raised by the Highway Authority on the impact of visibility splays, it is considered that the nature and alignment of the road, its use and the lack of intensification of vehicular use arising from the development, are factors which mitigate any localised impact. As such, the development is unlikely to result in an adverse impact upon the local highway network, nor result in conditions prejudicial to highway safety.

In the absence of any significant or demonstrable material adverse impact the proposal is considered to be in accordance with the NPPF and the development plan.




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Item 4


Planning Application No: 16/0964 Date Received: 1/11/16

OS Grid Ref: 3683 5202 Expiry Date: 25/1/17

Parish: Appleby Ward: Appleby

Application Type: Listed Building Consent

Proposal: Reinstatement of Extension Following Impact Damage

Location: 13 Doomgate, Appelby

Applicant: Mr M Bailey

Agent: Thomasons

Case Officer: Mat Wilson

Reason for Referral: The Officer’s recommendation is contrary to the comments of the Parish Council

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1. Recommendation

It is recommended that planning permission be refused for the following reason:

The design, proportions and external finish of the proposed extension is at odds with the character of the Listed Building. The development would be an inappropriate addition which fails to preserve the character of the Conservation Area or the setting of the Listed Building, and is therefore contrary to Policies CS17 and CS18 of the Core Strategy, the NPPF and the Planning (Listed Building and Conservation Area) Act 1990.


2.1.1 The application is for Listed Building Consent for the construction of a two storey extension to the rear of 13 Doomgate, Appleby.

2.1.2 The extension proposed is 3m wide and would extend 3.2m from the rear elevation. Although flat-roofed, it would project above the eaves level of the dwelling. The extension would have a render finish and windows would be white UPVC.

2.1.3 The supporting statement with the application indicates that the proposal is to reinstate a previous extension of similar scale and appearance, which was demolished after being struck by a vehicle.


2.2.1 This is an end terrace property with an access drive to the side leading to a number of properties to the rear.

2.2.2 Appleby is designated a Key Service Centre. Situated within the Appleby Conservation Area, the property is a Grade II Listed Building. The site is just beyond the flood zone.


Consultee ResponseHighway Authority N/A


Consultee ResponseTown Council Appleby-in-Westmorland Town Council supported

the planning application.



Expressed

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Appleby-in-Westmorland Town Council


1 December 2016.


6. Relevant Planning History None



CS17 - Principles for the Built (Historic) Environment CS18 - Design of New Development

7.2 Other Material Considerations


Requiring good design Conserving and enhancing the historic environmentNational Planning Practice Guidance

Other Relevant Legislation Planning (Listed Building and Conservation Area) Act 1990



Impact on the Historic Environment Residential Amenity

8.2 Principle

8.2.1 Listed Building Consent is required for any proposal that affects the character or appearance of a listed building. The District Council will support proposals which preserve or enhance the built (historic) environment through the use of high standards of design and careful choice of sustainable materials for all development (Policy CS17).

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8.2.2 The proposed development also requires planning permission since it exceeds the Permitted Development allowances for two storey rear extensions. Should Listed Building Consent be granted, the agent will be requested to submit a follow-up application for Planning Permission.


8.4.1 The proposed development is to the rear of the property and whilst it will be seen from a number of dwellings, it will not be visible from the road. In terms of the wider landscape therefore, the extension will have no impact.


8.5.1 It is not considered that the extension would result in any unacceptable loss of privacy or amenity for neighbouring residents. No windows are proposed in the side elevation facing the adjoining terraced properties, and due to the short projection of the extension from the rear wall, it would not be unduly overbearing or give rise to excessive overshadowing. The property facing the site from the east, a converted barn, is set much higher and would see only the upper floor bathroom window in the rear elevation, which would be obscure glazed. One window to a kitchen in the south elevation would face the frontage of The Old Brewery at 10m; this window could also be obscure glazed if permission is granted since the kitchen would retain an outlook from a second window opening.

8.5.2 Concern has been raised from a neighbouring resident that a gate should be reinstated to the ginnel across the rear of the terrace. The plans do not indicate a gate being installed and so in the interests of crime prevention this could be secured through conditions should permission be granted.

8.6 Built Environment

8.6.1 The Planning (Listed Buildings and Conservation Areas) Act requires that special regard is had to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest.

8.6.2 The terrace of properties is built in sandstone with a slate roof. Whilst the two dwellings comprising the southern half of the terrace have unfortunately concealed the sandstone elevations beneath a render finish, the application property retains its historic interest through the characteristic vernacular fenestration and the rear elevation, not rendered, which exhibits the historic fabric of this 18th Century terrace.

8.6.3 The proposed extension would have rendered blockwork elevations, a flat roof and white UPVC casement windows, all at odds with the character and appearance of this listed building. The incongruous form of the extension would be exacerbated by the window design which would have no connection to the vernacular detailing of the terraced property. The form and detailing of what is proposed would neither reflect nor respect the general character and distinctiveness of the listed building. As such, it would fail to preserve the significance of the building as required by the Act, or to preserve or enhance the built (historic) environment as stipulated by Policy CS17.

8.6.4 The NPPF requires that where a development proposal would lead to less than substantial harm to the significance of a designated heritage asset, as in this case, the level of harm should be weighed against the public benefits of the proposal including securing its optimum viable use. Retaining the application site as a residential property

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is its optimum use but there is no evidence that the property could not be retained as a dwelling without the addition of the extension. The damage caused to the property is not considered significant and could be rectified, and the building restored as a dwelling, without the extension. The benefits of the scheme carry limited weight, and are not sufficient to outweigh the harm it would cause.

8.6.5 The supporting information suggests that the proposal is merely reinstating what was there before the vehicle strike, however the previous extension did not benefit from planning permission or listed building consent and it is unlikely this would have been granted had an application been made. In any case, the previous extension has almost entirely been demolished and therefore, in planning terms, no longer exists. The proposed development must be considered on its own merits; it is immaterial that a similar extension was previously there.

8.7 Infrastructure








10.3 Environment




10.5 Children

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10.6 Human Rights


11. Conclusion11.1 It is considered that the proposal does not accord with the Development Plan for the

following reasons which are not outweighed by material considerations:

The reinstatement of the previous extension would constitute a poorly related addition to the Listed Building in terms of its design, proportions and external finish. It would detract from the character of the Listed Building and the wider Conservation Area, and would therefore be contrary to Core Strategy Policies CS17, CS18 and the NPPF and the Planning (Listed Building and Conservation Area) Act 1990.




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Item 5


Planning Application No: 16/0960 Date Received: 31 October 2016

OS Grid Ref: Expiry Date: 20 January 2017

Parish: Kings Meaburn Ward: Crosby Ravensworth


Proposal: Erection of 9 dwellings including 2 affordable dwellings (partly retrospective)

Location: Land adjacent to Prospect House, Kings Meaburn, Penrith

Applicant: Willan Trading Ltd

Agent: Daniel Addis, Burnetts

Case Officer: David Wright

Reason for Referral: Recommendation contrary to parish council

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1. Recommendation

It is recommended that delegated authority is given to the Head of Planning Services to agree a S106 agreement securing two affordable homes on the site and subject to the following conditions:Time Limit for Commencement1. The development permitted shall be begun before the expiration of three years

from the date of this permission.Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans2. The development hereby granted shall be carried out in accordance with the

drawings hereby approved:i) Design Information Plan, received 31st October 2016, scale 1:500ii) Detention Basin Plan, received 31st October 2016, reference number KMD-

CAP-00-XX-DR-C-008-C01iii) Drainage Layout Plan, received 31st October 2016, scale 1:250i) Location Plan, scale 1:2500, received 31st October 2016ii) Longitudinal Profiles Showing Drainage Plan, received 31st October 2016iii) Proposed Elevations, scale 1:100, received 31st October 2016iv) Proposed Elevations and Sections, scale 1:100, received 31st October

2016v) Proposed Layout Plan, scale 1;250, received 31st October 2016vi) Proposed Ground Floor Plans, 1:200, received 31st October 2016vii) Proposed First Floor Plans, scale 1:200, received 31st October 2016viii) Standard Details Plan, received 31st October 2016ix) Cross Sections Plan, received 31st October 2016Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pre-Occupancy or Other Stage Conditions3. Prior to occupation of the development a sustainable drainage management

and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

a. Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and

b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface

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water drainage scheme throughout its lifetime.The development shall subsequently be completed, maintained and managed in accordance with the approved plan.Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.

Ongoing Conditions4. The drainage for the development hereby approved, shall be carried out in

accordance with principles set out in the submitted Drainage Layout, ref: KMD-CAP-00-XX-DR-C-003 Revision C01, dated 22-3-16 which was prepared by Capita. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. The development shall be completed in accordance with the approved details.

Reason: To ensure a satisfactory form of development and to prevent an undue increase in surface water run-off and to reduce the risk of flooding.

5. No construction activity that can be heard beyond the site boundary shall take outside the hours 8am to 6pm Monday to Friday, 9am to 1pm on Saturdays. There shall be no construction activity taking place on site on Sundays or Bank Holidays.Reason: To protect residential amenity of nearby properties.

6. Prior to the completion of plot 1, samples of the external windows shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved scheme shall be implemented and retained in accordance with the approved details.Reason: To conserve the character of the conservation area.

Note to Developer1) The level of cover to the water mains and sewers must not be compromised

either during or after construction.2) A separate metered supply to each unit will be required at the applicant's

expense and all internal pipe work must comply with current water supply (water fittings) regulations 1999.

3) Should this planning application be approved, the applicant should contact United Utilities on 03456 723 723 regarding connection to the water mains or public sewers.

4) This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek formal pre application advice from the planning department of Eden District Council through their pre application advice service. For further information on seeking pre application advice visit http://www.eden.gov.uk/planning-and-development/planning/advice-before-

http://www.eden.gov.uk/planning-and-development/planning/advice-before-making-a-planning-application/

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making-a-planning-application/5) Separate approval for the works hereby granted permission/consent may be

required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Council’s Building Control Team should be consulted before works commence. You contact the team directly at [email protected]

6) Please note that if your property is a listed building or within a conservation area then any replacement windows or doors cannot be carried out under a competent person scheme and you must notify the Council's Building Control team directly at [email protected]


2.1.1 Part retrospective planning permission is seeked in full for nine two storey homes. Two of the proposed homes, plots 2 and 3 in the south western corner of the site are to be affordable homes.

2.1.2 The original stone boundary wall is to be rebuilt along the highway but at a reduced level to ensure sufficient visibility is provided to road users and pedestrians.

2.1.3 The design of the properties varies depending on how prominent the proposed dwellings are located in the Kings Meaburn Conservation Area.

2.1.4 A single detached house is proposed to be located in north western corner and fronts onto the highway. The proposed pIot would be the most visible in the conservation area and is designed to reflect the vernacular of other properties in the village utilising cut purple sandstone for elevations, slate for the roof and timber effect doors and windows.

2.1.5 The layout of the rest of the site aims to provide a farmyard arrangement to reflect other properties that are set back from the highway and so as to sit comfortably within the rural landscape. It is proposed to have linked blocks, a paved courtyard with arch-ways parking provided to the rear. An existing natural hedgerow of proposed to be retained on the eastern boundary. The elevations are proposed to have red brick finish on the elevations which are predominantly contained within the site or can not be directly viewed from the highway whilst entering the site. Whereas the elevations that will be clearly visible from the highway outside the site will have purple sandstone elevations to match the detached property and will utilise local design techniques such as sandstone quoins.


2.2.1 The 0.54 hectares site is located towards the southern side of linear village of Kings Meaburn and is located within the Kings Meaburn Conservation Area.

2.2.2 The site was formerly a woodyard and is currently a building site. The site is bounded the highway to the west, agricultural land to the east and residential properties to the north and south. The site is relatively flat but starts to naturally fall away to the east towards the River Lynett

http://www.eden.gov.uk/planning-and-development/planning/advice-before-making-a-planning-application/

mailto:[email protected]

mailto:[email protected]

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Consultee ResponseLocal Highway Authority No objections (refer to previous consultation on site)Lead Local Flood Authority No objections (refer to previous consultation on site)


Consultee ResponseHousing Officer Under current policy the Council would require a

commuted sum for a development of nine units outside the former Urban District of Penrith.

However, due to the unusual circumstances of this case, it would appear that the developer is willing to go ahead with on-site provision (of two affordable dwellings) as required by the original planning permission 13/0612.

The provision of two affordable dwellings for sale is welcomed in this location and I believe there is a demand, locally, for properties for low cost home ownership (having already received an enquiry about this particular development).

Environmental Health No objection subject to planning condition restricting hours of construction activity.

United Utilities No objection subject to planning conditionsCounty Archaeologist No objections

The following are detailed responses as outlined above:3.2.1 Name of Consultee – Details of response received4. Parish Council/Meeting Response


ExpressedKings Meaburn X

4.1 23 November 2016

Raised concern at the use of certain building materials. Noted that the original approved application 3/13/0612 stated the brickwork to be used must be in keeping with that of the existing buildings in the village. Where now the walls are to be finished in cut stone where visible from the south west road, elsewhere walls are to be finished in facing brickwork, colour red/brown.

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Kings Meaburn is in a conservation area and the blockwork to be used does not blend in with the existing village buildings. It would create a dangerous precedent should further development take place in the future.6 December 2016Confirmed that the Parish Council wish to formally object to the materials used in the proposed development as they are not in keeping with the conservation area.


11th November 2016.

No of Neighbours Consulted 10 No of letters of support 0No of Representations Received 4 No of neutral representationsNo of objection letters 4

5.2 Letters of support were also received which provided the following comments:5.3 Letters of objection raised the following material considerations to the application:

Use of brickwork harmful to the traditional appearance of the village/conservation areaOnly one other property in conservation area built of brick.Brick built elevation can be viewed from the roadsideUse of UPVC windows harmful to the traditional appearance of the village/conservation areaStone work is not in keeping a Cumbrian villageUse of plastic garage doors out of keeping with the conservation area.Design of the site is significantly different to previously approved scheme.

5.4 Letters of objection raised the following non-material considerations:Brick elevations should be rendered with stone quoinsStone work being used on site is not real stone/cut stone but a stone composite

6. Relevant Planning History

Application No Description Outcome13/0612 Development of nine dwellings including

two affordableGranted planning permission subject to planning conditions and s106 agreement

12/0880 Erection of 13 dwellings Refused on 6th December 2012


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Core Strategy DPD Policy: CS1 - Sustainable Development Principles CS2 - Locational Strategy CS7 - Principles for Housing CS8 - Making Efficient Use of Land CS10 - Affordable Housing CS17 - Principles for the Built (Historic) Environment CS18 - Design of New DevelopmentSupplementary Planning Documents: Housing (2010) Management of Conservation Areas (2011)


National Planning Policy Framework: Building a strong, competitive economy Delivering a wide choice of high quality homes Requiring good design Conserving and enhancing the historic environmentNational Planning Practice Guidance


8. Planning Assessment8.1 Main Planning Issues

8.1.1 Impact on the Kings Meaburn Conservation Area, affordable housing and the principle of the development.

8.2 Principle

8.2.1 The principle of the proposed residential development of 9 houses was established in the previous planning permission (13/0612) in November 2013.

8.2.2 Notwithstanding the above it is worth noting that the council is unable to demonstrate a 5 year housing land supply in accordance with the National Planning Policy Framework (paragraph 49) and therefore ‘relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a 5 year. The NPPF requires in paragraph 14 that ‘where the development plan is out of date, planning permission should be granted unless

The adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF; or

Specific policies in the NPPF indicate development should be restricted’.8.3 Affordable Housing8.3.1 Policy CS10 of the Core Strategy requires that on developments of 4 or more

residential units 30% of houses provided are affordable homes. However this percentage could change depending on the economic climate and the financial viability of the site.

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8.3.2 Therefore the 2013 planning permission was approved subject to a legal agreement that provided two affordable houses on site affordable housing. Since that planning application the national planning policy has changed and local planning authorities can no longer ask for an on-site affordable housing for new residential developments of 10 or less units (paragraph 17 “Planning Obligations”, National Planning Policy Guidance) following the Written Ministerial Statement dated 28th November 2014.

8.3.3 In response to this change in planning policy the Council adopted a policy of requiring an off-site financial contribution for development in rural areas of between 6 and 10 residential units. This would have applied to this new scheme. The aim of the Council’s new policy was to make up for the expected shortfall in affordable housing from the change in national policy through the financial contributions. However, the applicants voluntarily still wished to provide two affordable homes on site rather than provide a financial contribution. This has been supported by the Council’s housing officer.

8.4 Impact on the historic built environment

8.4.1 Policy CS17 of the Core Strategy requires that development within conservation areas and the setting of listed buildings conserves or enhances the affected heritage asset.

8.4.2 Policy CS18 requires that development protects and where possible enhances the area’s rural landscape and uses locally sourced materials where possible.

8.4.3 The Conservation Area Management SPD (2011) has no specific advice in relation to Kings Meaburn Conservation Area but states that development in conservation areas states that a high quality standard of design will be expected from proposals for new development and that development proposals should respect the context and prevailing scale of existing traditional buildings.

8.4.4 The National Planning Policy Framework states that where a development will lead to less than substantial harm to a significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use (para 134).

8.4.5 The applicants assert that their proposal reflects the character of the conservation area. The proposed detached property adjacent to the highway is the most sensitively designed. Furthermore the main elevations to the “L” shaped block on the south side of the access road and the west facing end of the courtyard will also be in stone with rear elevations in facing brick. All roofs will be covered with natural slate.

8.4.6 It must be noted that the prior to the 2013 scheme there was an application refused in 2012. It was considered harmful to the conservation area but this was due to the scale of development of 13 residential units and the layout not in keeping with the rest of the conservation area.

8.4.7 The majority of properties within Kings Meaburn are constructed in stone with slate roofs although there are some prominent properties that are located on highway running through the village that are finished in wet dash render, pebble dash render and even corrugated metal.

8.4.8 The 2013 scheme design was almost identical to what is proposed in terms of layout and design. The main difference in terms of the appearance has been summarised below:

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Concealed or partially conceal elevations are now proposed to be brick elevations rather than wet dash render.

Windows throughout the scheme are now proposed to be white upvc double glazed casement windows rather than factory painted timber double glazed.

No rooflights are now proposed on the front elevation of plot where previously there was proposed to be two rooflights facing the highway.

8.4.9 It is material planning consideration that the previous scheme was granted planning permission and therefore the main issue to address is whether the changes in the scheme continue to conserve or enhance the conservation area. Furthermore if the scheme is considered not to conserve or enhance the conservation area then how harmful is the development and does it outweigh the benefits of the residential scheme.

8.4.10 There have been a number of objections to the design of the scheme and focussed on the use of brick elevations, use of UPVC windows and the choice of stone for the prominent elevations.

8.4.11 There are some improvements to the design of this application in comparison to the 2013 planning permission. For example the removal of the roof lights from the front elevation of plot 1.

8.4.12 The use of UPVC windows is not usually supported in conservation areas but this is usually in reference to replacing existing windows on historic properties or the introduction of double glazing which can materially alter the appearance of a building. In this instance the proposed development is a new build rather than a conversion of existing properties. Furthermore there is a mixture of timber framed and upvc framed windows throughout the conservation area. The applicant, in receiving advice from the Council officers prior to submitting their application, indicated that they intended to have sliding sash windows on the prominent elevations of plot 1. This was not proposed in the previous scheme and would sit well within the conservation area. A planning condition has been recommended to enable the Council to control the proposed use of sash windows.

8.4.13 Most objectors have criticised the use of brick elevations on the proposed development. Although there are a variety of finishes to properties within the Kings Meaburn Conservation Area, including brick, and the brick elevations will be less prominent than the proposed stone elevations the proposed elevations will not blend in to the conservation as comfortably as the previously proposed elevations.

8.4.14 There have been a number of critical comments from objectors relating to stone elevations. It must be noted that the stone elevations on the plans are almost identical but the difference is that, because this is a partly retrospective planning application, works are ongoing and members of the public can view the scheme as it is at present. The type of stone used is a purple sandstone. Sandstone is a common building material throughout Eden District and the wider north west region. However this particular type of sandstone is less common than red St Bees sandstone within Eden District. Notwithstanding its rarity it does not detract from the conservation area and will be more in keeping with the conservation than some of the finishes of other prominent properties along the street.

8.4.15 On balance it is the officer’s opinion that the proposed development is not of the same quality design as the 2013 scheme but still complies with Policy CS17 by conserving rather than enhancing the conservation area.

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8.4.16 Notwithstanding the above if members disagreed the test would then be whether the development significantly and demonstrably harmed the conservation area that outweighed the benefit of 9 additional residential units two of which will be affordable homes. It is the officer’s opinion that the benefits of the scheme would still outweigh any perceived harm.




10.1.1 The following matters have been considered but no issues are judged to arise.10.2 Equality and Diversity


10.3 Environment




10.5 Children10.5.1 Under the Children Act 2004, the Council has a duty to safeguard and promote the

welfare of children in the exercise of any of its functions.10.6 Human Rights


11. Conclusion11.1 It is considered that the proposal accords with Policies CS1, CS2, CS10, CS17 and

CS18 of the Core Strategy and paragraphs 14 and 134 of the National Planning Policy Framework which are not outweighed by material considerations.

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Background Papers: Planning File 16/0960


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Item 6Date of Committee: 19/01/2017

Planning Application No: 16/0926 Date Received: 18th October 2016

OS Grid Ref: 367962, 527060 Expiry Date: 20/01/2017

Parish: Long Marton Ward: Long Marton

Application Type: Reserved Matters

Proposal: Reserved Matters application for appearance, layout and scale attached to outline approval 16/0513

Location: Site adjacent Knock Hall, Knock, CA16 6DN

Applicant: Mr and Mrs Dixon

Agent: Graham K Norman (Architect) Ltd

Case Officer: David Wright

Reason for Referral: Contrary to advice from statutory consultee (Cumbria Highways)

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1. Recommendation

It is recommended that planning permission be granted subject to the following conditions/for the following reasons:Time Limit for Commencement1. The development permitted shall be begun before the 29 July 2019.

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans2. The development hereby granted shall be carried out in accordance with the

drawings hereby approved:i) Location Plan received 9 December 2016, scale 1:1250ii) As proposed plan and elevations, drawing no 116-125-04C, received 9th

December 2016, scale 1:100iii) As proposed plan and elevations, drawing no 116-125-05C, received 9th

December 2016, scale 1:100iv) As proposed Site Plan, drawing no 116-125-02C, received 18th October

2016v) As proposed garage plan and elevations, drawing no 116-125-06 received

18tH October 2016Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the Development is Commenced1. 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 of those respective elements are commenced, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Development shall be carried out in accordance with the approved details.Reason: To ensure that the materials harmonise with the surroundings.

Pre-Occupancy or Other Stage Conditions4. That prior to the commencement of excavation works on site, the existing

boundary facing the highway shall be reduced to a height not exceeding 1.1m above the carriageway level of the adjacent highway in accordance with details submitted to the Local Planning Authority and which have subsequently been approved (before development commences) and shall not be raised to a height exceeding 1.1m thereafter.Reason: In the interests of highway safety and to support Local Transport Plan Policies: LD7, LD8.

Note to Developer

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1. Please note other planning conditions need to be complied with which were attached to outline planning permission reference 16/0513


2.1.1 The reserved matters application seeks permission for appearance, layout and scale.2.1.2 It is proposed to have the dwelling facing the private lane on the south western side of

the site to match the positioning of the neighbouring properties.2.1.3 Both the dwelling and garage are proposed to be finished with local salvaged

sandstone (pink/grey/buff) laid in the traditional manner (sandstone quoins) as well as Tyrolean cement render (off white/buff).

2.1.4 The roofs are to be finished in natural slate (blue/grey) laid in the local traditional manner. The south west facing roof pitch for the dwelling has a rooflight and dormer window proposed.

2.1.5 The windows and doors have been proposed to be constructed out of various materials but the finish is proposed to be grey/pale green.

2.1.6 Level free access has been provided into the property. The existing drystone wall is to be maintained but reduced in height to provide visibility when entering and leaving the site. The driveway is proposed to be constructed with compacted and crushed stone and finished with loose gravel permeable sandstone red paving blocks. The proposed driveway has a space for two parking spaces and a turning head.

2.2 Site Description2.2.1 Site adjacent to Knock Hall, Knock, Appleby in Westmorland, CA16 6DN2.2.2 The site is located to the north west of Knock Hall and is located on a prominent site at

the western entrance to Knock village. The site, and the rest of the village, is located on the edge of the North Pennines Area of Outstanding Natural Beauty.

2.2.3 The public highway runs along the north eastern boundary, and a private lane runs along the south western boundary of the site. A drystone wall runs along the perimeter of the site.


Consultee ResponseLocal Highway Authority Object – do not consent to the vehicle access

proposed (including visibility splays) unless supporting information can be provided to show that they acceptable (e.g. speed survey)

Lead Local Flood Authority No objection

The following are detailed responses as outlined above:3.1.1 Name of Consultee – Details of response received3.2 Discretionary Consultees

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Consultee ResponseParish Council No ObjectionNorth Pennines AONB No response receivedUnited Utilities No objection subject to conditions in outline planning

permission

The following are detailed responses as outlined above:3.2.1 Name of Consultee – Details of response received



ExpressedLong Marton X

4.1 On the 17th November 2016 Long Marton Parish Council responded to the Council’s consultation and made “No Objections” to the proposed development

5. Representations5.1 A site notice was posted on 1st November 2016.


6. Relevant Planning History

Application No Description Outcome16/0513 Outline application for proposed

dwelling and detached garageApproved subject to planning conditions – 29th July 2016


Saved Local Plan Policies: Policy NE2 Development in the North Pennines AONBCore Strategy DPD Policy: CS1 - Sustainable Development Principles CS7 - Principles for Housing CS16 - Principles for the Natural Environment CS17 - Principles for the Built (Historic) Environment CS18 - Design of New DevelopmentSupplementary Planning Documents: Housing (2010)

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An Accessible and Inclusive Environment (2007) North Pennines AONB Planning Guidelines (July 2011)


National Planning Policy Framework: Supporting a prosperous rural economy Delivering a wide choice of high quality homes Requiring good design Conserving and enhancing the natural environmentNational Planning Practice Guidance



8.1.1 Providing a safe access to and from the property8.1.2 Landscape and Visual Impacts8.1.3 Residential Amenity8.2 Principle

8.2.1 The principle of a residential use of the land has already been established when granting outline planning permission on the 29th July 2016.


8.3.1 The proposed site is located within a prominent location of Knock. Furthermore it is located within the North Pennines AONB and therefore the design, materials and siting should ensure that the development has a positive contribution on the appearance and character of built environment. Policy NE2 of the saved local plan states that all development within the North Pennines AONB must, through appropriate siting, design, materials and landscaping measures, minimise environmental impacts and contribute to the preservation or enhancement of the distinctive character of the landscape and of the area.

8.3.2 Policy CS16 of the Core Strategy requires that development reflect and where possible enhances the local landscape character.

8.3.3 Policy CS18 of the Core Strategy requires development to:• have a clear understanding of the district’s built and natural environment• reflects the existing street scene through the use of appropriate scale, mass, form,

layout and use of materials• use locally sourced materials8.3.4 The proposed development is at a scale that is appropriate in relation to the local area

and is not intrusive on the local landscape. The use of locally sources materials such as salvaged sandstone and the retention of the existing drystone wall ensures that the development reflects the local landscape character.

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8.3.5 It is therefore considered that the proposal complies with Policy NE2 of the saved local plan and policies CS16 and CS18 of the Core Strategy.


8.4.1 Policy CS18 of the Core Strategy requires that development protects the amenity of existing residents and provides an acceptable amenity for future occupiers.

8.4.2 The Housing SPD (2010) recommends that a distance of at least 21 metres is provided between principal elevations of houses where windows overlook one another. A distance of 13 metres should be faced between a main face of a dwelling and a blank gable wall.

8.4.3 The proposed plan shows a distance of 26 metres between the proposed dwelling’s south east facing elevation and the side elevation of the adjacent Knock Hall. The proposed plans have small windows proposed for a ground floor bedroom/study and an upstairs bathroom which could result in overlooking the two windows located on Knock Hall’s side elevation. However the distance between the two properties would reduce any impact on the amenity to both properties.

8.4.4 It is therefore considered that the proposal complies with Policy CS18 of the Core Strategy.

8.5 Providing a safe access to and from the property8.5.1 CS18 of the Cores Strategy requires development to provide safe access to sites and

meet the access needs of all users. CS7 of the Core Strategy requires that development that housing development has appropriate standards of accessibility.

8.5.2 At outline stage the applicant proposed visibility splays of 60 metres in each direction. Cumbria Highways objected to the outline application as they required a more robust visibility splay than what was being provided by the applicant. The visibility splays provided by the applicant would only be acceptable if the average speed in the area was 30 mph.

8.5.3 The required visibility splay was within the site boundary and therefore in the applicant’s control. As the boundary treatments were not being determined at the outline stage of the planning application the application was approved contrary to Cumbria Highways opinion. The application was not brought to the planning committee because Cumbria Highways were commenting on aspects of the development that were not being considered at outline stage.

8.5.4 The planning officer imposed a planning condition when granting outline planning permission in line with Cumbria Highways guidelines recommending a visibility splay of 90 metres for roads with speeds of up to 30mph. Users of the road can technically travel at the national speed limit but it is a narrow road and represents the beginning of the village of Knock. In the latest site plan the applicant has provided a plan that demonstrates that a 90 metres visibility splay will be provided.

8.5.5 Cumbria Highways object to the reserved matters application too stating that a speed survey would still be required. It is the planning officer’s opinion that this is not a reasonable requirement following the 90 metre visibility splay being provided. The planning condition imposed at outline stage along with the submitted plan will ensure safe access is provided to and from the site. The Cumbria Design Guide was produced in December 1996 and focuses on road designs for large residential developments rather than a single dwelling development such as this proposal. A planning condition

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will be recommended to ensure that the 90 metre visibility splay is provided prior to construction works starting and is maintained indefinitely.

8.5.6 It is therefore considered that safe access to and from the site has been provided by the applicants and the proposed development is in accordance with CS18 of the Core Strategy.




10.1.1 The following matters have been considered but no issues are judged to arise.10.2 Equality and Diversity


10.3 Environment




10.5 Children


10.6 Human Rights


11. Conclusion11.1 It is considered that the proposal accords with the Development Plan, specifically

policies CS18 and CS16 of the Core Strategy and saved policy NE2 of the Local Plan and there are no other material considerations.

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Background Papers: Planning File reference16/0926
