Decision details

Planning Application No. SL/2020/0189 - Land part of Flail Stones, Church Road, Little Urswick

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of a detached dwelling and detached timber garage and formation of a new access driveway (resubmission of SL/2019/0801) (Mr & Mrs Leonard)

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

The Planning Officer presented Planning Application SL/2020/0189 which sought permission for the development of a single four bedroom self-build family house within the extensive garden of an existing bungalow, Flailstones. He displayed plans a photographs which outlined the proposals and advised Members that the site was within the development boundary and was of acceptable scale and design. The Planning Officer drew Members’ attention to the development’s proximity to a Grade II listed house, The Gynring, which was located on the opposite side of the road junction. He went on to outline details of the site and explained that it was a small levelled area of garden within Flailstones. He informed Members that within the site there was an area of outcropping limestone pavement and confirmed that it was not protected under a Limestone Pavement Order. The Planning Officer went on to outline the revised access driveway, which would involve the reduction of the height of a section of the frontage wall and which would provide improved visibility for the proposed development and Flailstones and an improved view for vehicles approaching from the south. In addition he highlighted that the applicant had, in a previously withdrawn planning application, proposed the installation of foul water treatment plant. However, the block plans submitted by the applicant showed a connection from the development into the public sewer.

The Planning Officer displayed further plans which outlined the floor plan of the development and a visualisation produced by the applicant’s agent.

In summarising his assessment of the application, the Planning Officer advised Members that the proposal was in accordance with the Local Plan Land Allocations DPD Policy LA1.1 and other relevant policies contained within the South Lakeland Core Strategy and the Local Plan Development Management Policies DPD. He stated that the proposed house was located within the settlement boundary and was of an acceptable scale, size and design in the context of its surroundings and it would have a minor impact on the setting of the Grade II listed property, The Gynring. The Planning Officer concluded his presentation by confirming that further details had been requested by the Lead Local Flood Authority regarding the surface water drainage, in relation to the footprint of the house and roof water, and explained that it was considered that the matter could be dealt with via a condition.

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

Mr Aljarrah, on behalf of the applicants, addressed the Committee in support of the application.

The Planning Officer responded to questions raised by Members. In response to a question regarding the application having been Called In, Members sought clarity on the Call In procedure and the Chairman confirmed that there would be a review of the Call In process and the Legal, Governance and Democracy Lead Specialist agreed that, for the purpose of the Committee, it would be useful for the Planning Officer’s report to indicate by whom and why the application had been Called In.

Members gave consideration to the application and agreed it was a well thought out development which was perfectly reasonable.

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 the application be granted subject to 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 development hereby permitted shall be carried out in accordance with the following approved plans:

1:1250 – Location plan – Dwg No 19028-17 – Received 04/03/2020

1:500 – Block plan – Dwg No 19028-16 Rev E  Received 04/03/2020

1:200 – Visibility splay – Dwg No 20144_SCH_01 – Received 09/07/2020

1:100 – Ground floor  planDwg No 19028-10 Rev C – Received 23/03/2020

1:100 – First floor plan – Dwg No 19028-11 – Received 04/03/2020

1:100 – Elevation plan – Dwg No 19028-14 Rev A – Received 04/03/2020

1:100 – Topographical sections – Dwg No 19028-19 Rev A – Received 04/03/2020

1:1250 – Topographical street view – Dwg No 19028-18 – Received 04/03/2020

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

Condition (3)

a)         No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with Clause 7 of British Standard BS5837 - Trees in Relation to Construction - Recommendations has been submitted to and approved in writing by the Local Planning Authority. 

b)         The tree protection measures shall be carried out as described and approved, and shall be maintained until the development is completed.

Reason:           These details are required to be approved before the commencement of development to ensure the protection and retention of important landscape features in accordance with Policy DM4 of the Development Management Policies Development Plan Document and Policy CS8.1 of the South Lakeland Core Strategy.

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 following the principles as shown on Dwg No 19028-10 Rev C  - Received 23/03/2020.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

           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:           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 (5)   No development, other than works to implement the access, shall begin until the access and associated alterations have been implemented in accordance with the Visibility Splay drawing number 20144_SCH_01 Rev B- Received 10/07/2020.

Reason:           To ensure safe provision of the access for construction traffic and subsequent residential traffic in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS10.2 of the South Lakeland Core Strategy.

Condition (6)   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 (7)

a)         No superstructure 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 DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

Condition (8)

a)         A sample panel of the natural stone to be used for the external surfaces of the development hereby approved shall be erected at the application site and no superstructure shall be erected until written approval for the materials has been given by the Local Planning Authority.  The sample panel shall be of sufficient size to indicate the method of jointing and coursing to be used.

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 DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

Condition (9)

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 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 (10)The sole means of foul water disposal shall be via the public foul sewer.

Reason:           To prevent pollution of watercourses and to ensure adequate provision is made for the management of surface water 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 (11)No development shall commence until a scheme demonstrating an environmental net gain in biodiversity 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 be prepared in the context of the relevant advice in the Government’s Planning Practice Guidance. The use hereby approved shall not commence until the scheme has been implemented. Thereafter, the site shall be maintained in accordance with the approved management proposals.

Reason:           To meet the requirements of: (1) Policy DM4 of the of the South Lakeland Development Management Policies Development Plan Document; (2) paragraph 170 of the National Planning Policy Framework.; and (3) section 40 of the Natural Environment and Rural Communities Act 2006.

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: