Decision Maker: Planning Committee
Decision status: Recommendations approved
Is Key decision?: No
Is subject to call in?: No
Erection of an open market single dwelling (Outline Planning Application with all matters reserved) (Mr and Mrs P Grayless).
The Planning Officer presented Planning Application No. SL/2018/0684 which sought outline planning permission, with all matters reserved, for the erection of an open market dwelling on land to the west and adjoining the property known as The Orchard, White Ghyll Lane, Bardsea. He made reference to the site visit and displayed photographs and a location plan which outlined the proposals. He drew Members’ attention to the line of development, the topography and the designated limestone pavement. The Planning Officer advised Members that the key issues were the consideration of infilling and rounding off and how this related to current and emerging planning policies.
The Planning Officer answered questions raised by Members of the Committee. Members gave consideration to the landscape impact and the fact that the site had formerly been an agricultural field that had gained an established use as garden land.
The majority of Members agreed that the proposal sat comfortably on the landscape and were happy to support the application.
RESOLVED – That the application be approved subject to the following conditions:-
Condition (1) The development to which this permission relates must be begun not later than whichever is the later of the following dates:
a) FIVE YEARS from the date of this permission; or
b) the expiration of TWO YEARS from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.
Application for the approval of the reserved matters must be made not later than THREE years from the date of this permission.
Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.
Condition (2) Details of the:- access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
Reason: To ensure a satisfactory standard of development on site.
Condition (3) The development hereby permitted shall be carried out in accordance with the following approved plans:
1:1250 – Location Plan – Received 03/08/2018
Reason: For the avoidance of doubt and in the interests of proper planning.
Condition (4) Any details pursuant to Condition 2 above shall show a development featuring the following elements:
• located on the lower eastern section of the site
• single storey or 1½ storeys in height;
• a roof covering of natural slate;
• a roof symmetrically pitched of not less than 35°; and
• predominantly rectangular in shape with traditional gable ends.
Reason: To ensure that the development is of a high quality design in accordance with Policy CS8.10 of the South Lakeland Local Plan and Saved Policy S2 of the South Lakeland Local Plan.
Condition (5) a) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:-
• existing and proposed finished levels or contours;
• means of enclosure(walls & hedges);
• car parking layouts;
• hard surfacing materials; and
• retained landscape features such as trees together with details of how they will be protected during construction.
Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities; and an implementation programme.
The agreed scheme shall be carried out as approved to the agreed timetable. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.
Reason: These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.
Condition (6) Prior to the first occupation of the development, the approved access parking layout and turning space shall be constructed, marked out and made available for use and shall be retained as such thereafter. The vehicular access, parking and turning provision 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: In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.
Condition (7) The development hereby approved shall not be occupied until the access drive is surfaced in bituminous or cement bound materials, or otherwise bound for a distance of at least 5 metres inside the site, as measured from the carriageway edge of the adjacent highway
Reason: In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.
Condition (8) a) No development shall take place until details of the implementation, adoption; maintenance and management of the sustainable drainage system have been submitted to and approved in writing by the Local Planning Authority. Those details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime.
b) The system shall be implemented and thereafter managed and maintained in accordance with the approved sustainable drainage details / plan.
Reason: These details are required to be approved before the commencement of development to ensure surface water is managed in a sustainable way in accordance with Policy CS8.8 of the South Lakeland Core Strategy.
Condition (9) A validation report and statement from a competent person detailing contamination assessment, including any found during development, and any remediation undertaken, will be required to be submitted and approved by the Local Planning Authority upon completion of the development. This will require reference to a Phase One Assessment, including gas protection considerations, which should be undertaken prior to any work commencing.
Reason: To remove any risk or concerns for future occupants or owners of the development.
Condition (10)The proposed package treatment plant is required to be compliant with Building Regulations (including minimum distances e.g. the package treatment plant to be 10 metres from any building. The filtration soakaway to be 15 metres from any building) Confirmation of this shall be submitted in writing for approval by the Local Planning Authority prior to occupation.
Reason: In order to ensure that sewerage infrastructure is carefully managed and provided timeously, in the interests of public health and environmental protection.
Condition (11) Noise:
No work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.
Reason: Standard protection from noise disturbance.
Publication date: 29/01/2019
Date of decision: 09/01/2019
Decided at meeting: 09/01/2019 - Planning Committee