Decision details

Planning Application No. SL/2018/0311 - Land Adjacent to Marl Business Park, Watery Lane, Ulverston

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Residential development of up to 28 dwellings (Mr A Cooke (Blake Henderson Ltd))

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

Councillor David Webster declared a non-pecuniary interest in the item by virtue of the fact that he was Ward Councillor for Ulverston East. He explained however, that he was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

Note – The Chairman advised Members that Simon Turner, Planning Viability Consultant, Lambert Smith Hampton (LSH), had been dialled into the meeting in order to answer any questions Members may have in relation to the viability assessment review at Appendix 1 to the Planning Officers Report.

 

The Planning Officer presented Planning Application No. SL/2018/0311 which sought outline planning permission, with all matters reserved, for up to 28 dwellings on a small allocated site in Ulverston. He displayed plans and photographs which outlined the proposals and drew Members’ attention to the late representations which had been circulated prior to the meeting. The Planning Officer outlined the proposal which was for up to 28 dwellings, the application having been re-publicised in March 2020 to draw attention to the proposed reduction in affordable housing.  He drew Members’ attention to the proximity of the development to Furness Railway, Ulverston Conservation Area and Marl Business Park and he explained that the site was within the development limits of Ulverston and was allocated for development under policy LA1.3 of the South Lakeland Land Allocations Development Plan Document. The Planning Officer displayed an illustrative site layout which showed a configuration of the 28 dwellings, which were considered to be a good mix of units, and which had been used to assess the potential impacts of the development on the character of the area. It had also been considered that the random arrangement show on the illustrative plan would need to be tightened up.

The Planning Officer drew Members’ attention to the requirements of Network Rail and their concerns regarding the protection of its assets, he advised Members that this could be addressed through a Basic Asset Protection Agreement. He went on to outline the proposed Sustainable Drainage System scheme (SuDs) and the requirement for permeable driveways.

The Planning Officer advised Members that CS6.3 of the Core Strategy required that on developments of nine or more units no fewer than 35% of units should be affordable homes and that the application was not compliant in this respect due to abnormal costs. The applicant had offered 20% affordable homes. He drew Members’ attention to the independent viability assessment which had been carried out by Lambert Smith Hampton and which had concluded that the abnormal costs associated with developing the site justified a lower requirement for affordable housing. However, Lambert Smith Hampton felt that the scheme was capable of viably providing an affordable contribution of 25% and this had subsequently been agreed by the applicant.

In concluding his presentation the Planning Officer informed Members that slow worms, a protected species, may occupy the site and that an Ecological Appraisal had been submitted earlier this year and a slow worm survey was underway, with the ecologist report due to be available at the end of July 2020.

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Jonathan McDermott, the applicant’s agent be dialled into the meeting to make his representation.  The Chairman welcomed Mr McDermott and informed him that he had three minutes in which to make his address.

Mr McDermott addressed the Planning Committee in support of the application. He explained that the application had been the culmination of three years’ work, which had seen the submission of a refined scheme for an allocated development site and he stated that the application was outline planning permission with all matters reserved.

The Planning Officer and Simon Turner (LSH) responded to questions raised by Members.  The Planning Officer confirmed that the viability appraisal had been based on the illustrative plan of 28 units and that the affordable housing provision would remain as a percentage and not a specific number of units. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) advised Members that a Section 106 agreement would be required to secure the delivery of affordable housing to the agreed percentage.

In response to a question regarding the provision of electric charging points, the Planning Officer advised Members that there was no policy in place to insist on the installation of electric charging points. However, it was an area where developers were being encouraged to consider their installation.

Members thanked the Planning Officer for a well written and balanced report and the clear and comprehensive presentation.  Members gave consideration to the outline application and it was considered that the site was in an excellent location. Some Members agreed that maintaining the 25% affordable housing provision, even if the number of units on the site was reduced, was commendable. However, other Members were less satisfied regarding the reduction in the percentage of affordable housing.

A motion to approve the application was proposed and seconded and a vote was taken on the application, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was

RESOLVED – That the Director Customer and Commercial Services be delegated authority to grant outline planning permission subject to:

a.         A section 106 agreement to secure 25% affordable housing with: (i) a tenure split of 50% for social rent and 50% shared ownership / discounted market housing, of which shared ownership shall form no more than 25% of the total; and (ii) a mix of housing types to meet evidence of need.

b.         Completion of a reptile survey and the incorporation of any necessary mitigation into additional planning conditions. If the survey proves that reptiles are present and that suitable mitigation is not possible in the context of the scheme as currently proposed then the application will be returned to the Planning Committee for further instructions.

c.         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:

           Location Plan “Prepared by: Jonathan McDermott, 10-04-2018”

(All other drawings and related information, including the latest Proposed Site Plan, reference WLC117/FE/001C, have been considered as illustrative only).

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

Broadband

Condition (4)   None of the dwellings hereby approved shall be first occupied until connected to the necessary infrastructure to enable access to high speed (superfast) broadband.

Reason            To comply with policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

Accessible and Adaptable Homes

Condition (5)   The dwellings hereby approved shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes.

Reason            To comply with policy DM11 (Accessible and Adaptable Homes) of the South Lakeland Development Management Policies Development Plan Document.

Archaeology

Condition (6)   No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority:

The written scheme will include the following components:

i.          An archaeological evaluation;

ii.          A recording programme of the archaeological assets impacted upon by the permitted development, the scope of which will be dependent upon the results of the evaluation;

iii.         Where significant archaeological assets are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the local planning authority, completion of an archive report, and submission of the results for publication in a suitable journal.

Reason            To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remarks.

Land Contamination

Condition  (7)  No development approved by this permission shall commence until a Phase One Assessment from a competent person and, if recommended in that Assessment, a further Phase Two Assessment and Remediation Statement, to be submitted to, and approved in writing by, the Local Planning Authority.

Thereafter, a validation report and statement from a competent person detailing the contamination assessment, including any found during development, and any remediation undertaken, will be required to be submitted to, and approved in writing by, the local planning authority upon completion of the development. This will require reference to the Phase One Assessment and if required any subsequent Phase Two and Remediation Statement.

Reason            To remove any risk or concerns for future occupants or owners of the development, and to ensure that site workers are not exposed to the unacceptable risks from contamination during construction.

Noise

Condition (8)   Those reserved matters listed in condition 2 that relate to the final design of the proposed dwellings shall include noise attenuation measures demonstrated to ensure compliance with the relevant  design criteria in BS 8233:2014 for achieving the following:

           living rooms / bedrooms not exceeding an internal ambient noise level of 35dB LAeq 16hour (0700 – 2300):

           bedrooms not exceeding an internal ambient noise level of 30dB LAeq 8hour (2300 – 0700); and

           no internal areas exceeding  an internal ambient noise level of 45 dB LAmax more than 15 times during the period 2300 – 0700.

Thereafter, no individual dwelling shall be first occupied until its approved attenuation measures have been completed.

Reason            To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition  (9)  No dwelling with a curtilage abutting the boundary of the railway line and/or the Marl Business Park shall be first occupied until the entire length of the boundaries of the application site with the railway line and the Marl Business Park have been enclosed with an acoustic barrier, the details of which shall first have been submitted and approved as a reserved matter in compliance with condition 2. The acoustic barrier shall either be 2.6m in height, or such other height as shall be justified by an acoustic report accompanying the details submitted in compliance with condition 2.  

Reason            To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition (10)No construction plant and/or machinery shall be operated on the premises before 0800 on weekdays and 0900 on Saturdays, nor after 1800 on weekdays and 1300 on Saturdays, nor at any time on Sundays or recognised public holidays.

Reason            To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Landscape detail and implementation

Condition  (11) Matters of landscaping reserved for further approval by condition 2 shall comprise details of both hard and soft landscaping.  The hard landscaping details shall comprise: (i) proposed finished levels or contours; (ii) means of enclosure; (iii) finishes for car parking areas, and other vehicle and pedestrian access and circulation areas not proposed for adoption; (iv) incidental structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); and (v) an implementation timetable. The soft landscaping scheme shall include details of: (i) planting plans; (ii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iii) an implementation timetable; and (iv) a schedule of landscape maintenance proposals for a period of not less than five years from the date of completion of the scheme. Thereafter, the approved landscaping scheme shall be implemented and maintained in accordance with the agreed details and timetables.

Reason            To safeguard and enhance the character of the area.

Condition  (12) Those reserved matters listed in condition 2 relating to the design of the proposed houses shall include details of finished floor levels.

Reason            To safeguard and enhance the character of the area.

Biodiversity

Condition (13)No development shall commence until a scheme for biodiversity enhancement associated with the proposed development, including management proposals for the lifetime of the development, has been submitted to, and approved in writing by the local planning authority. The scheme must demonstrate a net gain in biodiversity unless it can be demonstrated that it is not possible. The scheme must be prepared in the context of: (1) the relevant advice in the Government’s Planning Practice Guidance and any other relevant best practice; and (2) the baseline conditions and recommendations contained within the Preliminary Ecological Appraisal, ‘Land adjacent to Watery Lane’, Ulverston, South Lakes Ecology, 18th March 2020, submitted in support of this application. Thereafter, the site shall be developed and maintained in accordance with the approved management proposals.

Reason            To meet the requirements of policy DM4 of the South Lakeland Development Management Policies Development Plan Document and paragraph 170 of the National Planning Policy Framework.

Access

Condition (14)Matters of access reserved for further approval by condition 2 shall comprise details of the design, construction, drainage and method of lighting for the proposed carriageway, footways, footpaths, cycleways etc., including the new footway proposed along Watery Lane connecting the site entrance to the A5087. These details must include longitudinal/cross sections. The details also need to accord with the standards laid down in the current Cumbria Development Design Guide, except where those standards are exceeded by the requirements to accommodate the refuse collection vehicles operated by South Lakeland District Council.

No individual dwelling hereby approved shall be first occupied until the carriageway, footways, footpaths, cycleways etc. serving it, including the new footway proposed along Watery Lane, have been completed in accordance with the agreed details.

Reason            In the interests of highway safety.

Condition (15)No other development shall not commence until visibility splays providing clear visibility of 40 metres measured 2.4m 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), 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 splays in a manner that would obstruct them. Where required to be demolished, the existing natural stone boundary wall to Watery Lane shall be reconstructed in reclaimed or matching natural stone, and in a matching style, along the back edge of the new visibility splay.

Reason            In the interests of highway safety.

Condition (16)The existing boundary wall to Watery Lane and the A5087 shall be retained except where demolition is necessary to achieve the necessary visibility splays.

Reason            To maintain local distinctiveness in accordance with policy DM2 of the South Lakeland Development Management Policies Development Plan Document.

Parking

Condition (17)Matters of layout reserved for further approval by condition 2 shall include car parking at a ratio of two spaces per dwelling plus one visitor’s space for every five dwellings. No individual dwelling shall be first occupied until parking to this ratio has been provided to serve its needs.

Reason            In the interests of amenity and highway safety.

Construction Environment and Traffic Management Plan

Condition (18)No development shall commence until a Construction Environment and Traffic Management Plan (CE&TMP) has been submitted to, and approved in writing by, the local planning authority. The CE&TMP shall include details of:

           the pre-construction road condition established by a detailed survey for accommodation works within the highways boundary;

           proposed crossings of the highway verge;

           arrangements for the parking of vehicles of site operatives and visitors;

           arrangements for loading and unloading of plant and materials;

           storage arrangements for plant and materials used in constructing the development;

           proposed wheel washing facilities;

           the arrangements for the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

           construction vehicle routing;

           the management of junctions to and crossings of the public highway and other public rights of way/footway;

           measures to control noise and vibration from plant, equipment and development processes– this to include any rock pecking and excavations;

           measures to control the emission of dust and dirt during construction;

           a scheme for recycling / disposing of waste resulting from excavations and

           construction site lighting designed to negate light spillage from the site boundary.

Thereafter, development shall proceed in accordance with the relevant TA/CTMP.

Reason            In the interests of amenity and highway safety.

Surface water

Condition (19)No development shall commence until a surface water drainage scheme, based upon the hierarchy of drainage options listed in policy DM6 of the South Lakeland Development Management Policies Development Plan Document, together with an assessment of the site conditions, has been submitted to, and approved in writing by, the local planning authority.

The surface water drainage scheme must accord with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards.

None of the dwellings hereby approved shall be first occupied until the approved surface water drainage scheme has been completed and made operational.

Reason            To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 of the South Lakeland Development Management Policies Development Plan Document.

Condition (20)None of the dwellings hereby approved shall be first occupied until a management and maintenance plan for the surface water drainage scheme for the lifetime of the development has been submitted to, and approved in writing by, the local planning authority. As a minimum the plan shall include:

a.         Arrangements for adoption by an appropriate public body, statutory undertaker, or private management company; and

b.         Arrangements for inspection and ongoing maintenance of all elements of the surface water drainage scheme to secure its effective operation for the lifetime of the development. 

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

Reason            To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 of the South Lakeland Development Management Policies Development Plan Document.

INFORMATIVES

Note (1)           In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

Note (2)           In preparing the details of the reserved matters required by condition 2 and/or the details required to comply with other conditions on this permission, the developer’s attention is drawn the contents of the email from Network Rail dated 05 March 2020 submitted as a consultation response to this planning application. Network Rail’s requirements, and in particular the need for a BAPA (Basic Asset Protection Agreement), could impact significantly upon the details of this scheme.

Note (3)           The developer’s attention is drawn to the provisions of the Wildlife and Countryside Act 1981 and the obligations this imposes, separate from the planning process, in respect of protecting wildlife. 

Note (4)           In preparing the surface water drainage scheme required by condition 19 Cumbria County Council has confirmed, in its dual roles as local highway authority and Lead Local Flood Authority, that permeable surfaces would be acceptable for all roads, including those proposed for adoption. This could be significant in ensuring that scheme satisfies the hierarchy of drainage options listed in policy DM6 of the South Lakeland Development Management Policies Development Plan.

Note  (5)          This Decision Notice is to be read alongside the legal agreement made pursuant to Section 106 of the Town and Country Planning Act 1990, as amended.

Note – The Committee voted to adjourn for a break at 11.13 a.m. and reconvened at 11.20 a.m. when a roll call was taken, all Members confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.

Publication date: 10/09/2020

Date of decision: 11/06/2020

Decided at meeting: 11/06/2020 - Planning Committee

Accompanying Documents: