Decision details

Planning Application No. SL/2019/0253 - Land Adjacent to Foxfield Business Park

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of two storey building for Duddon and Furness Mountain Rescue Team (Duddon and Furness Mountain Rescue Team)

 

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.

 

The Planning Officer presented Planning Application No. SL/2019/0253 which sought permission for the erection of a two storey building for Duddon and Furness Mountain Rescue Team (DFMRT). He explained that the application was considered to be a departure from adopted policy, as the proposed location was on land outside of the identified Business Park allocation and therefore located in open countryside. The Planning Officer advised Members that South Lakeland District Council (SLDC) had an interest in the application, as access and servicing arrangements were across land owned by SLDC. The Planning Officer displayed plans and photographs which outlined the proposals and he drew Members’ attention to the existing businesses within the Business Park and the proximity of the Business Park to the Duddon Estuary. Further slides were displayed which outlined the proposed site plan.

 

The Planning Officer informed Members that the proposed building would be used as the permanent base for the voluntary search and rescue service. It would provide a garage, storage space, offices, a control room and training facilities in an accessible and sustainable location. He went on to highlight that the proposed site was located in Flood Zone 3 and was athigh risk of tidal flooding, unlike the Business Park which was slightly elevated. The Planning Officer explained that the Flood Risk Assessment (FRA) submitted with the application had indicated that the development should be regarded as ‘less vulnerable’ use, as the storage facility was not required to be operational during tidal flooding. However, the Environment Agency (EA) had classed the development as ‘highly vulnerable’ and had sought further clarification on the operational status of the building and on the basis of the information provided, the EA had confirmed that the flood risk vulnerability could be revised to ‘less vulnerable’.

The Planning Officer displayed further photographs and outlined the extent of the existing planting and explained that the proposed access point would involve the removal of a section of the existing screen planting, which could be mitigated by additional planting.

The Planning Officer went on to explain the principle of paragraph 12 of the National Planning Policy Framework (NPPF) and stated that planning permission should be determined in accordance with the development plan unless material considerations indicated otherwise. He stated that Core Strategy Policy CS1.1 required that developments should accord with a sequential approach of using: existing buildings and brownfield land within developments; and other suitable infill opportunities within settlements. Furthermore Core Strategy CS1.2 required that development was concentrated in Principal, Key and Local Service Centres with only a small proportion accepted in smaller hamlets. However, CS1.2 allowed exceptionally for new development in the open countryside if it was demonstrated that there was an essential requirement for a rural location. The Planning Officer informed Members that DFMRT had provided a detailed assessment and comprehensive justification of the selection process for the site, all of which were considered to carry weight and provided compelling justification. He highlighted that the DFMRT were a registered charity, run by volunteers and funded by donations from individuals and organisations and that they were not a profit making or speculative business.

In concluding his presentation the Planning Officer summarised the details of the planning application. He explained that it was considered to be a departure from adopted policy, by virtue of being located on land outside of the identified Business Park allocation. However, the proposal could be supported as DFMRT provided an essential non-statutory specialised search and rescue service within the local area and that the proposed site was centrally located within the area covered by DFMRT and would facilitate access and response times. The design and layout was acceptable in the context of the surrounding Business Park development and the flood mitigation measures for the site were acceptable to the Environment Agency. The Planning Officer went on to highlight the importance of Policy DM1, in relation to Morecambe Bay and the Duddon Estuary, which required a development to ensure the protection and maintenance of designated wildlife sites and explained that Natural England had advised that any harm could be mitigated by a Construction Management Plan. In addition, in response to comments made by Natural England, the applicant had provided a Habitat Regulations Assessment under the terms of the European Habitats Directive.

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Nigel Lister, the Chairman of Duddon and Furness Mountain Rescue, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Lister and informed him that he had three minutes in which to make his address.

Mr Lister addressed the Committee in support of the application.

Members gave consideration to the application including the location, access, design and flood resilience. Members felt the location was excellent with good access roads and agreed that DFMRT provided an invaluable service and Members hoped the development would ensure DFMRT’s continued great work.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, 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

(1)        authority be delegated to the Director of Customer and Commercial Services to GRANT planning permission subject to no objection, adverse comment or direction being received from Natural England regarding the content of the Habitats Regulation Assessment and any further conditions provided by Natural England; and

(2)        the following conditions:-

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

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 sole occupant of the building shall be the Duddon and Furness Mountain Rescue Team (and successors) with the permitted use of the building as being a Mountain Rescue Team Base/Headquarters. To define the terms of the planning permission and in recognition of the specific exceptional circumstances of the Duddon and Furness Mountain Rescue Team.

Reason            The proposed development is a departure from the adopted development plan and this condition acknowledges the special justification for permitting a departure in the particular circumstances, in the interests of safeguarding the development strategy contained in the South Lakeland Core Strategy.

Condition (3)   The development hereby permitted shall be carried out in accordance with the following approved plans:

1:1250 scale – Location plan – Received 26/03/2019

1:50/1:100 scale – Ground floor and elevations – Dwg No 541/01 – Received 26/03/2019

1:50/1:100 scale – First floor and elevations – Dwg No 541/02 Received 26/03/2019

1:50/1:100 scale – Site plan – Dwg No 541/03 Rev Rev D  -  Received 19/05/2020

1:200 scale – Roof plan – Dwg No 541/04 Rev B - Received 19/05/2020

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

Condition (4)   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:-

           proposed finished levels or contours

           means of enclosure

           car parking layouts

           other vehicle and pedestrian access and circulation areas

           hard surfacing materials

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

           communications cables, pipelines etc. indicating lines, manholes, support 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 Policies DM1, DM2 and DM4 of the of the Development Management Policies Development Plan Document.

Condition (5)   No development shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall include details of:

a) No development shall take place, until a Construction Method Plan has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors;

ii. loading and unloading of plant and materials;

iii. storage of plant and materials used in constructing the development;

iv. pollution prevention measures to include storage and use of materials, machinery, biosecurity, and the control and management of noise, fugitive dust, surface water run-off and waste to prevent any surface water drains and the SAC from sediment, and pollutants such as fuel and cement

v. wheel washing facilities;

vii. a scheme for recycling / disposing of waste resulting from demolition and construction works; and

viii. measures to control noise and vibration.

b) The approved Construction Method Statement shall be adhered to throughout the construction period.

Reason            These details are required to be approved before the commencement of development to safeguard the amenity of neighbouring occupiers and to protect the protected wildlife assets.

Condition (6)   All hard and soft landscape works shall be carried out in accordance with the approved details.  The works shall be carried out before any part of the development is occupied or in accordance with a programme to be agreed in writing with the Local Planning Authority prior to any development commencing.  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            To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM1, DM2 and DM4 of the Development Management Policies Development Plan Document.

Condition (7)   No development shall commence until details of surface water management works have been submitted to and approved in writing by the Local Planning Authority.

a) Such details shall include;

1.         Information about the lifetime of development, design storm period and inter 100 year +30% allowance for climate change discharge rates and volumes, methods employed to control and delay surface water discharge and measures taken to prevent flooding and pollution of the receiving groundwater including and /or any watercourses.

2.         Any offsite improvement works to watercourses

3.         Flood exceedance routes

4.         Timetable for implementation; and

5.         Details of water quality controls where appropriate.

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) The approved works shall be retained as such thereafter.

Reason            To ensure adequate provision is made for the management of surface water disposal in accordance with Policies DM1, DM6 and DM7 of the Development Management Policies Development Plan Document and Policy CS8.8 of the South Lakeland Core Strategy.

Condition (8)   The development hereby permitted shall be constructed entirely of materials details of which are shown on plans No. 541/01 & 541/02.

Reason            To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy...

Condition (9)   Prior to the first occupation of the development, the approved parking layout [and turning space] shall be constructed, marked out and made available for use and shall be retained as such thereafter.  The parking spaces shall be used solely for the benefit of the occupants and visitors of the development hereby approved and for no other purpose.

Reason            In the interests of highway safety in accordance with Policy DM9 of the Development Management Policies Development Plan Document

Condition (10)A scheme showing the proposed lighting plan (including all external building lights and car park lighting) for the development shall be submitted to and agreed in writing with the Local Planning Authority prior to development commencing.  This shall show the location, number and type of units proposed, their orientation and brightness in lux and proposed hours of operation.The development shall be carried out in accordance with the approved lighting scheme and retained as such thereafter.

Reason            These details are required to be approved before the commencement of development to minimise the visual impact of light on nearby residential properties in accordance with To ensure adequate refuse provision is made for the customers of the business and to prevent harm to the character of the area resulting from littering in accordance with Policy DM2 of the Development Management Policies Development Plan Document and The National Planning Policy Framework Chapter 2 - Achieving sustainable development, para 8 and  Chapter 12 - Achieving well-designed places, para 127.

P & P Statement                    

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.

Publication date: 10/09/2020

Date of decision: 30/07/2020

Decided at meeting: 30/07/2020 - Planning Committee

Accompanying Documents: