Decision details

Planning Application No. SL/2018/0897 - Phase 1 - Land South of Allithwaite Road, Kents Bank, Grange over Sands

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of 87 dwellings and associated infrastructure (Phase 1) (Lancet Homes)

 

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/2018/0897 which sought permission in relation to Phase 1 of a residential development which comprised of 87 dwellings. He displayed plans and photographs which outlined the proposal and summarised the application, full details of which were included within his report. The Planning Officer drew Members’ attention to the principal issues which were: the principle of the development; the impact upon the character of the settlement and landscape; the impact upon the residential amenity of existing and future residents; ecology; surface water drainage; and highway safety.

 

The Planning Officer informed Members that the site formed part of an allocated site within the Council’s Land Allocations Development Plan Document (LADPD) and the proposal would contribute to the five year housing supply. In addition the site had previously been identified as representing a sustainable location for housing, given its proximity to a range of key services, and stated that the proposal was acceptable in land use and sustainable development terms as the scheme had significant economic, environmental and social benefits. He drew Members’ attention to paragraph 11 of the National Planning Policy Framework (NPPF) which outlined the presumption in favour of sustainable development.

 

The Planning Officer outlined the applicant’s proposal for nine affordable units (10.3%) which would comprise of five for social rent and four for shared ownership. He highlighted that policy CS6.3 required, on all schemes of three or more dwellings in local service centres, not less than 35% of the total number of dwellings proposed to be affordable. However, the policy also stated that exceptionally, a lower requirement for affordable housing would be acceptable where there was clear evidence that it would make the development unviable. He explained that the applicant had submitted a viability assessment which demonstrated that the 35% level was not achievable. Furthermore the applicant had amended the layout of the dwellings and reduced the number of proposed dwellings from 92 to 87 in order to be Policy DM11 compliant.

 

The Planning Officer went on to address a number of areas of concern which had been highlighted in the neighbour responses received and advised Members that the proposal included the retention of a green gap, which would provide a degree of separation between Grange and Allithwaite. The site had been assessed by the Council’s Landscape Officer and Natural England and it had been concluded that the green gap was sufficient and would provide significant bio-diversity gain. United Utilities and the Local Lead Flood Authority had raised no objection to the proposals and had provided final comments and observations in respect of Phase 1 and Phase 2 of the scheme, although it was noted that there was lack of detail regarding the proposals for Phase 3. The Planning Officer advised Members that Shamus Giles, representing Cumbria County Council, Local Lead Flood Authority, was present in the meeting to respond to any questions Members may have and he confirmed that details of the Phase 3 development were currently unknown. The Planning Officer informed Members that the proposal would see 24 dwellings per hectare and the dwellings were mainly two storey and had a good separation distance of 30 metres from neighbouring properties. There were good links to the train station at Kents Bank with the southern end of the site within easy walking distance.

 

The Planning Officer concluded his presentation by highlighting concerns raised by Councillor Robin Ashcroft, who was unable to attend the meeting, in particular that of foul water drainage and the adequacy of the green gap. In addition Grange Town Council had, following a meeting on Monday, 14 December 2020, reaffirmed their objections, particularly regarding the lack of affordable housing and the proposed travel plan.

 

Note – at this point in the proceedings the Chairman requested that the public participants, speaking in opposition to the application, be dialled into the meeting to make their representations.

Valerie Kennedy (speaking on her own behalf and on behalf of 47 residents); Sonia Whittaker; Frank McCall (on behalf of Grange over Sands Civic Society); and Robin Le Mare addressed the Planning Committee in opposition to the application.

 

Note – at this point in the proceedings the Chairman requested that the public participant, speaking in support of the application, be dialled into the meeting.

Allen Gibb, Chief Executive of Holker Estates addressed the Planning Committee in support of the application.

 

The Planning Officer responded to concerns raised during public participation.

 

The Planning Officer, the Interim Development Management Team Leader and Shamus Giles responded to questions raised by Members.

 

Members thanked the Planning Officer for a well written report and gave consideration to the application. Members agreed that the site was on allocated land and was in accordance with the Development Plan, it was a high quality development of moderate density and had raised no objections from statutory consultees. However, concerns were raised by a number of Members regarding the reduction in the affordable housing provision.

 

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 authority be delegated to the Director of Customer and Commercial Services to grant planning permission subject to

(1)        Completion of a S106 agreement with regard to:

a)     delivery of affordable housing,

b)     the management of the open space,

c)     the improvement of a footpath/bridleway in the form of a contribution of £65,000 for improving the routes surface condition to provide a crushed stone surface route to improve the amenity value and provide a sustainable transport link [walking and riding] to the promenade area for the new development.

d)     and to fund the provision of a Traffic Regulation Order to the value of £6,500; 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 development hereby permitted shall be carried out in accordance with the following approved plans: 

 

Architecture:

17070_00_P1 Site Location Plan

17070_01_P1 Proposed Site Layout

17070_02_P1 Site Sections

17070_03_P1 Boundary Treatments Layout

17070_04_P1 Illustrative Street Scenes

17070_05_P1 Character Areas Plan

17070_06 P1 Existing Site Plan

17070_D01_P1 Boundary Treatments Details

HT_P1_DM11 DM11 Compliance Statement

HT_P1_Amended Housing Type Package

 

Landscape:

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-01 Rev F

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-02 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-03 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-04 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-05 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-06 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-07 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-08 Rev E

 

Engineering:

K32662/A1/04_E External Works Layout_1 of 3

K32662/A1/05_E External Works Layout_2 of 3

K32662/A1/06_E External Works Layout_3 of 3

K32662/A1/07_A External Works Details_1 of 2

K32662/A1/08_A External Works Details_2 of 2

K32662/A1/25A Surface Water Drainage Longitudinal 1 of 4

K32662/A1/26 Surface Water Drainage Longitudinal 2 of 4

K32662/A1/27 Surface Water Drainage Longitudinal 3 of 4

K32662/A1/28 Surface Water Drainage Longitudinal 4 of 4

K32662/A1/100_D Proposed Levels and Retaining Walls_1 of 3

K32662/A1/101_D Proposed Levels and Retaining Walls_2 of 3

K32662/A1/102_E Proposed Levels and Retaining Walls_3 of 3

K32662/A1/104 Highway Longitudinal Sections_1 of 3

K32662/A1/105 Highway Longitudinal Sections_2 of 3

K32662/A1/106 Highway Longitudinal Sections_3 of 3

K32662/A1/110 S278 Works layout

K32662/A1/119A Section Infiltration Basin

K32662/A1/120_E Proposed Drainage Layout Phase 1

K32662/A1/122_B Proposed Soakaway Construction Details

K32662/A1/124 Typical Soakaway Construction Details

K32662/A1/125 Catchment Plan

 

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

 

Condition (3)   The landscaping scheme shall be implemented fully in accordance with the following plans:

 

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-01 Rev F

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-02 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-03 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-04 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-05 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-06 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-07 Rev E

Green Infrastructure & Landscape Concept Plan for Phase 1 ATH-08 Rev E

 

a)         Prior to the commencement of development a phasing and delivery plan setting out the relative phases of development, together with a timetable for the implementation of the approved landscaping scheme shall be submitted to and approved by the Local Planning Authority. The phasing and delivery plan and timetable for the landscaping scheme shall be fully implemented in accordance with the approved details.

 

b)         All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification -for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428(1989) Code of Practice for General Landscape Operations (excluding hard surfaces).

 

c)         All new tree plantings shall be positioned in accordance with the requirements of Table A.1 of BS5837:2012 Trees in Relation to Design, Demolition and Construction (Recommendations)

 

d)         All trees to be planted in this development are to be planted in accordance with the recommendations contained within BS8545 Trees: from nursery to independence in the landscape – Recommendations.

 

e)         Any trees, shrubs or hedges planted in accordance with this condition which is removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

 

Reason:          To ensure the successful establishment of the trees in the landscape as part of the green infrastructure elements of the development.

 

Condition (4)   No trees, shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior written consent of the Local Planning Authority. Any trees, shrubs or hedges removed without such consent, or which die or become severely damaged or seriously diseased with five years from the completion of the development hereby permitted shall be replaced with trees, shrubs or hedge plants of similar size and species until the Local Planning Authority gives written consent to any variation.

 

Reason:          To ensure the continued well-being of the trees in the interests of the amenity and environmental quality of the locality.

Condition (5)   Before the commencement of the superstructures samples panels of the materials to be used for the external surfaces of the dwellings hereby approved shall be erected at the application site and no external walling shall be erected until written approval for the materials has been given by the Local Planning Authority. The approved details shall be fully implemented.  

 

Reason:          In the interests of visual amenity.

 

Condition (6)   Prior to the erection of any superstructure plans shall be submitted to the Local Planning Authority for written approval to the proposed biodiversity net gains in respect of Swift bricks / bird and bat boxes. The approved details shall be fully implemented and retained thereafter.

 

Reason:          To ensure the development meets its objective to accord with the DM DPD Policy DM4, and in accordance with the National Planning Policy Framework paragraphs 174(b).

 

Condition (7)   No construction work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. 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 future residents and protect amenity of nearby residents from noise disturbance.

 

Condition (8)   The dwellings hereby approved shall be constructed to meet the Building Regulations M4(1) M4(2) and M4(3) standards for accessible and adaptable homes.  as per the Policy DM11 Compliance Statement submitted to the Local Planning Authority on 13th February 2020.

 

Condition (9)   No development shall commence until a foul and surface water drainage scheme based upon sustainable development principles has been submitted to and approved in writing by the Local Planning Authority.

The surface water drainage scheme shall be in accordance with the principles within the submitted flood risk assessment and drainage strategy report K32662/02/FRA/RH ISSUE C dated 8th OCTOBER 2018 and shall be designed to meet the requirements of the non-statutory technical standards for sustainable drainage systems (March 2015) or any subsequent replacement national standards.

The foul and surface water drainage scheme shall include the following:

 

(i) the proposed foul connection points to the existing public sewerage infrastructure;

(ii) no surface water, highway drainage or land drainage shall discharge to the public sewerage system either directly or indirectly;

(iii) a timetable for its implementation;

(iv) a strategy for any temporary arrangements for foul and surface water drainage during construction of the development;

(v) ground and finished floor levels in AOD; and

(vi) identify any parts of the site where foul pumping is necessary. Thereafter the scheme shall minimise the number of pumping stations throughout the site.

The development hereby permitted shall be carried out only in accordance with the approved drainage scheme and retained thereafter for the lifetime of the development.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

 

Condition (10) The foul and surface water shall be drained on separate systems.

 

Reason:          To secure proper drainage and to manage the risk of flooding and pollution.

 

Condition (11) All private paths, private driveways and other private hardstanding areas shall be constructed of permeable surfaces. The details for these permeable surfaces shall be submitted to the Local Planning Authority and approved in writing prior to the commencement of development. The development shall be constructed in accordance with the approved details and the permeable surfaces shall be retained thereafter for the lifetime of the development.

 

Reason:          To promote sustainable development and to reduce the risk of flooding and pollution.

 

Condition (12) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or an Order revoking or re-enacting that Order, with or without modification), no hard surfaces shall be constructed within the curtilages of the dwelling houses at any time, other than those expressly authorised by this permission.

 

Reason:          To secure proper drainage, promote sustainable development and to reduce the risk of flooding and pollution.

 

Condition (13) Prior to the commencement of development details for the adoptable carriageway, footways, footpaths, cycleways, lighting etc shall be shall be submitted to the Local Planning Authority for approval. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is first occupied and shall be retained thereafter.

 

Reason: In the interests of highway safety.

 

Condition (14) Unless otherwise agreed in writing by the Local Planning Authority, the development shall not commence until the access off Allithwaite Road has been constructed in accordance with the approved drawings providing visibility splays of 60 metres measured 2.4 metres down the centre of the access road and the nearside channel line of the major road. 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 grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before development of the site commences so that construction traffic is safeguarded and the visibility splays shall be retained thereafter.

 

Reason:           In the interests of highway safety.

 

Condition (15) Prior to the commencement of development a Construction Phase Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the local planning authority. The CTMP shall include details of:

• pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;

• details of proposed crossings of the highway verge;

• retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;

• cleaning of site entrances and the adjacent public highway;

• details of proposed wheel washing facilities;

• 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;

·  the sustainable use of soil during construction in accordance with the Defra Construction Code of Practice.

Condition (16) No development shall commence until a construction surface water management plan has been submitted and agreed in writing with the local planning authority. The approved construction surface water management plan shall be fully implemented.  

 

Reason:           To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems.

 

Condition (17) No development 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.

 

This written scheme will include the following components:

 

An archaeological evaluation

An archaeological recording programme the scope of which will be dependent upon the results of the evaluation.

Where significant archaeological remains are revealed by the programme of archaeological work, there shall be carried out within one year of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority 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 remains.

Publication date: 16/02/2021

Date of decision: 17/12/2020

Decided at meeting: 17/12/2020 - Planning Committee

Accompanying Documents: