Decision details

Planning Application No.SL/2018/0814 - Lower Allithwaite - Land at Green Lane/Vicarage Lane, Allithwaite, Grange-over-Sands LA11 7QN

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of 23 dwellings with associated infrastructure (Russell Armer Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0814 which sought full planning permission for 23 dwellings on land at Green Lane/Vicarage Lane, Allithwaite, Grange-over-Sands. He displayed photographs and plans which outlined the proposals and he referred to the site visit. He advised Members that the Local Development Plan document had allocated the site for residential development and he outlined the affordable housing provision of the application and the viability appraisal which had been submitted by the applicant. In addition he referred to the proposal to provide an extension to the existing cemetery area and the impact of the development on a mature Ash tree, which overhung the site and which was protected by a Tree Preservation Order. The Interim Development Management Team Leader informed Members that the principle of the development, the affordable housing provision, the design and layout and the provision for access and highways had been accepted. He advised Members that due to negotiations that had been ongoing between the previous case officer and the applicant, it was likely that several of the recommended pre-commencement conditions listed in the report would be resolved before any decision notice was issued, pending the time required to deliver a signed S106 agreement. A degree of flexibility in addressing the conditions was sought from Committee Members.

 

Members gave consideration to the maintenance and drainage of the grassed area and the lack of affordable housing provision. In response to a request for the inclusion of viability appraisal in the agenda reports pack, the Interim Development Management Team Leader advised Members that the National Planning Policy Framework made it clear that viability appraisals had to be publicly available and he undertook to provide, for future applications, a summary with key points.

 

RESOLVED – That the application be granted subject to

 

(1)        the completion of a Section 106 Planning Obligation with regard to the provision of affordable housing and the provision and maintenance of a surface water drainage scheme; and

 

(2)        the following conditions:-

 

Standard Control

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

 

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

 

List to be confirmed.

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Pre-Commencement/Occupation

 

Condition (3)

 

a)         No superstructure of the dwellings hereby approved shall be erected 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:-

 

·         means of enclosure;

·         hard surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); and

·         details of future maintenance and management of the landscaped areas

 

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.

 

b)         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 erection of the superstructure of the dwellings 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 (4)  a)          No superstructure of the dwellings hereby approved shall be erected until samples and details of the materials to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. 

 

b)         Development shall be carried out in accordance with the approved details of materials unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:           To ensure the development is of a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy and saved Policy S2 of the South Lakeland Local Plan. 

 

Condition (5)   The carriageway, footways, footpaths, shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced other than those associated with the site setup including the provision of a compound until a full specification has been approved. Any works so approved shall be constructed before the development is complete.

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (6)   The development shall not commence other than the those associated with the site set up including the provision of a compound until visibility splays providing clear visibility of 60 metres measured 2.4 metres down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure or object of any kind shall be erected or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (7)   a)         No dwelling hereby approved shall not be occupied until the surface water and sewage disposal works serving that dwellings have been completed on site in accordance with the approved plans. 

 

b)         The approved works shall be retained as such thereafter.

 

Reason:           To ensure adequate provision is made for the management of surface water and sewage disposal in accordance with saved Policy S26 of the South Lakeland Local Plan and Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (8)   Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule shall be submitted to the Local Planning Authority for approval prior to development other than those works associated with site set up including the provision of a compound being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule.

 

Reason:           To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere.

 

Condition (9)   No development other than those works associated with site set up including the provision of a compound shall take place until an assessment of the nature and extent of contamination impacts of the adjacent burial ground on the proposed development has been submitted to and approved in writing by the Local Planning Authority.  This assessment must be undertaken by a competent person, and shall assess any contamination on the site.  Moreover, it must include:

 

(i)         A survey of the extent, scale and nature of contamination.

 

(ii)        An assessment of the potential risks to:

 

           human health;

           property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

           adjoining land;

           ground waters and surface waters;

           ecological systems;

           archaeological sites and ancient monuments.

 

Reason:           These details are required to be approved before the commencement of development to prevent harm to human health and the environment in accordance with the provisions of the National Planning Policy Framework.

 

Other Conditions

 

Condition (10)No dwellings shall be occupied until the estate road including footways and cycleways to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

 

Reason:           In the interests of highway safety, in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (11)The development shall not proceed except in accordance with the strategy described in the Pre-development Arboricultural Report prepared by Treescapes Consultancy Ltd and deposited with the Local Planning Authority on the 3rd October 2018 unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:           For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and saved Policies C11 and S18 of the South Lakeland Local Plan.

 

Condition (12)No work for the construction of these developments, including demolition, shall take place on the site, except between the hours:

08.00 - 18.00 Monday to Friday; and

08.00 - 13.00 on Saturdays;

unless otherwise agreed in writing with the Local Planning Authority.   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:           To safeguard the amenity of neighbouring occupiers in accordance with the provisions of the National Planning Policy Framework.

 

Condition (13)The development shall not proceed except in accordance with the Traffic Management Plan prepared by Russell Armer Ltd and deposited with the Local Planning Authority on 11th December 2018.

 

Reason:           For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and saved Policies C11 and S18 of the South Lakeland Local Plan.

Publication date: 29/01/2019

Date of decision: 09/01/2019

Decided at meeting: 09/01/2019 - Planning Committee

Accompanying Documents: