Decision details

Planning Application No. SL/2018/0845 - Pennington - Land at Carley Lane, Ulverston

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of one dwelling on land adjacent to Low Carley Lodge, Carley Lane, Ulverston (Oliver Prosser).

 

Note – Councillor Janette Jenkinson declared a non-pecuniary interest in this item by virtue of the fact the applicant’s father was known to her. She remained in the meeting during discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0845 which sought permission for the erection of one dwelling. He referred to the meeting of 7 February 2019 when the Committee resolved to defer the outline planning application for two dwellings on the site, to enable the applicant to submit a revised application for a single dwelling house. The Planning Officer referred to the previous site visit and displayed plans and photographs which detailed the revised proposal. Members’ attention was drawn to the late representations which had been circulated prior to the meeting.

 

Kate Bellwood, the applicant’s agent, addressed the Committee. She informed Members that she addressed them today to reiterate the key points of the revised application. She explained that the applicant and his family were local and lived in Ulverston and that their current house was too small for their growing family and the applicant wished to build a family home close to his parents, whose health was in decline. Ms Bellwood went on to outline the location of the proposed dormer bungalow on the revised plan and explained that the location of the dwelling was indicative and the applicant would be happy to have it orientated as the Planning Officer suggested. Ms Bellwood reminded Members that the application had been under consideration since 2018 and following the deferral in February, both she and the applicant had understood that the revised application had been delegated to Officers for approval and they had both been disappointed that they had to wait two and a half months for the revised application to come back to Committee. Ms Bellwood concluded her address by stating that the need for self-build remained and that the defensible boundaries of the application would stop further development in three directions and would not set an undesirable precedent for further development. She asked Members to support a local family who wanted to build a home in their local community close to family and friends.

 

In further presenting his report, the Planning Officer advised Members that at the meeting of Full Council on 28 March 2019 the new Development Management Policies Development Plan Document had been formally adopted. He went on to explain that the previous infill and rounding off policies had been superseded by policy DM13 and by way of clarification he stated that the site had never represented infilling or rounding off. The Interim Development Management Team Leader advised Members that the new policy set out five criteria and that Self Build Policy DM12 no longer referred to infill and he cross-referenced Policy DM13 and summarised the five criteria of the policy as outlined in the Planning Report.

 

In response to a query raised by a Member, the Interim Development Management Team Leader clarified that applications within and on the edge of small villages and hamlets should be in accordance with Policy DM13. He and the Solicitor to the Council informed Members that since the original application and the adoption of the Development Plan Document, with its superseding policies and the fact that the minutes of the meeting of 7 February 2019 (Minute P/89 refers) were not clear as to whether the principle of the original application had been agreed, the Members were open to reach a decision based on the application before them.

 

Members gave consideration to the principle of the development, the Officer recommendation of the original application and the new adopted Policy DM13, its associated criteria and whether the dwelling was connected would integrate with and form part of the existing settlement.

 

A motion to refuse the application based on the fact the proposed development was not part of the hamlet and did not comply with Policy DM13 was put to the vote and lost.

 

RESOLVED – That the application be granted 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 follow the general layout as

shown on the approved indicative plan:

1:500 scale – Site Plan Indicative Only – Dwg No MVC312-01 Rev B – Received 21/03/2019

 

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:

       walls finished predominantly in a white/off-white wet-dash render/smooth coursed cement render and or natural stone;

       a roof covering of natural slate, or dark grey coloured tile

       single storey or 1 ½ storeys in height;

       windows with a strong vertical emphasis;

       a roof symmetrically pitched of not less than 35 and not greater than 45°; and

       predominantly rectangular in shape with traditional gable ends.

 

Reason:           To ensure a satisfactory standard of development on site.

 

Condition (5)   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:-

       proposed finished levels or contours;

       means of enclosure;

       car parking layouts;

       hard surfacing materials;

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.

 

Condition (6)   No development shall begin unless and until visibility splays providing a 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 constructed 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, vehicle or object of any kind shall be erected, parked or placed  and no trees, bushes or other plants shall be planted or be permitted  to grow within the visibility which obstructs the visibility splays. The visibility splays shall be constructed before general

development of the  site commences so that construction traffic safeguarded.

 

Reason:           These details are required to be approved before the commencement of development in the interests of highway safety and in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (7)   The development hereby approved shall not be occupied until the means of vehicular access has been constructed in accordance with the approved plans.

 

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

 

Condition (8)   The development hereby approved shall not be occupied until the access drive is surfaced in bituminous or cement bound materials, or otherwise bound and shall be constructed and completed before the development is brought into use. This surfacing shall extend  for a distance of at least 5 metres back 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 (9)   a)         Prior to development being commenced details of all measures to prevent surface water discharge onto or off the highway shall be submitted to and approved in writing by the Local Planning Authority.

b)         The approved surface water discharge works shall be implemented prior to the development being occupied and shall be maintained thereafter.

 

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

 

Condition (10) No development shall begin until full details of the arrangements to be

made for the provision of a vehicle turning space within the site, which

allows vehicles visiting the site to enter and leave the highway in a

forward gear, shall be submitted to and approved in writing by the Local

Planning Authority.

 

The approved details of parking, turning, loading and unloading of  

                        vehicles shall be implemented prior to the first use of the development

hereby approved and retained as such thereafter.

 

Reason:           These details are required to be approved before the commencement of development in the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (11)a)         The development shall not be occupied until details of surface water management works have been submitted to and approved in writing by the Local Planning Authority. 

b)         The development shall not be occupied until the approved surface water management works have been provided on the site to serve the development.

c)         Before any dwelling is occupied / the building is first brought into use, a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan) must be submitted to the Local Planning Authority.

d)         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 Policy DM6 of the South Lakeland Local Plan Development Management Policies.

Publication date: 12/06/2019

Date of decision: 25/04/2019

Decided at meeting: 25/04/2019 - Planning Committee

Accompanying Documents: