Decision details

Planning Application No. SL/2018/0898 - Phase 2 - 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:

Mixed use development comprising extra care apartments and standalone dwellings (Use Class C3) (up to 90 units), and commercial space (Use Classes E (Shops, Restaurants and Cafes and Non-residential institutions) and Sui Generis (Hot food takeaways) (up to 495 sq metres gross floor space) – Phase 2 (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 SL/2018/0898 which sought outline consent, with all matters reserved, in relation to Phase 2 of an overall scheme to develop land south of Allithwaite Road, Grange. He displayed plans and photographs which outlined the proposal. The Planning Officer explained that the application sought permission for up to 90 Extra Care Units (use class C3) which were currently indicated as partially stand-alone bungalows and partly extra-care apartments. The proposal also included a separate retail unit comprising up to 495m² commercial space for use classes E and Sui generis. The Planning Officer advised Members that the final layout would be determined at the reserved matters stage. He highlighted that the layout plan had a slight overlap with the Phase 1 plan, on the western part of the site, which was the location of the proposed commercial units. However, the layout plan for Phase 2 was purely indicative and the precise layout would be determined in the reserved matters application.

 

The Planning Officer highlighted the issues regarding the proposed development. He informed Members that concerns had been raised about the provision of a care unit on the site, when Policy LA3.2 of the Land Allocations DPD had allocated the site for mixed housing and B1 and B2 employment development, and that the proposal would also introduce a range of uses that were not specified in Policy LA3.2. The Planning Officer informed Members that the applicant had provided an account of the marketing activities associated with the site and had confirmed that there had been no reasonable offers in relation to the employment use. The marketing had been carried out over a three year period and had only received one positive line of enquiry from a veterinary practice, which did not fall within B1 or B2 us class, as required by the proposed allocation.

    

The Planning Officer drew Members’ attention to paragraph 3.3.8 of the Council’s Development Brief of the site, which stated that it was considered that the development could be a suitable location for the provision of Extra Care Housing, which could be delivered in association with the site’s affordable housing contribution. However, the Planning Policy Team had raised concerns regarding the provision of a care unit on the site and paragraph 89 of the Planning Framework stated that when assessing applications for retail and leisure development, which were not in accordance with the current plan, an impact assessment could be required. However, as the proposal was below the policy limit of 500m² an impact assessment was not required. The Planning Officer explained that he had concluded that the employment allocation of the site was based on a mature policy which did not accurately reflect the current market reality and the proposal was a viable market opportunity which would provide an alternative use for a recognised need and for employment.

 

The Planning Officer advised Members that the proposal included 35% affordable housing which complied with policy CS6.3 and this had been further outlined in Condition 5 of the recommendation.

 

The Planning Officer concluded his presentation by responding to a number of objections which had been raised, which he had detailed in his report. These included concerns regarding public transport links; commercial use; flood risk; and landscape impact.

 

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); 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 and Tom Whitehead, the applicant’s agent, addressed the Planning Committee in support of the application.

 

The Planning Officer responded to concerns raised during public participation.

 

The Planning Officer responded to questions raised by Members.

 

Members gave consideration to the application and acknowledged that it was for outline consent, with all matters reserved and also the difficulties associated with the take up of the site for industrial use. In addition Members agreed that the proposal met the need for Extra Care housing and 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 application be granted subject to the following conditions:

Condition (1)   Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced.

Plans and particulars of the reserved matters referred to above, relating to the siting, design and external appearance of any building to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

Reason:           To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

Condition (2)   a) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

b) The development hereby permitted shall be begun before the expiration of two years from the date of this permission, or before the expiration of three years from the date of approval of the last of the reserved matters to be approved, whichever is the later

Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended)

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

4824_SK001_E Existing Site Plan

4824_SK002_M Indicative Site Plan

4824_SK010_B Location Plan

Design and Access Statement Rev B

10-877-r1 Phase 1 Geo-Environmental Assessment

K32662-04_A Preliminary Ground Investigation Report

Flood risk assessment and drainage strategy report K32662/05/FRA/RH ISSUE A 3RD OCTOBER 2018

K32662-06 Operation & Maintenance Plan for Sustainable Drainage Systems

K32662/A1/21_A Indicative Drainage Layout Phase 2

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

Condition (3)   At the submission of an application for the reserved matters for the extra-care facility, a statement setting out the on-site amenities and services intended to be provided by the extra-care operator shall be submitted to and approved by the Local Planning Authority. The development shall be fully implemented in accordance with the approved details.  In the event that a separate standalone commercial unit to be run by another operator is proposed, then the statement should also indicate an expected timeframe for the construction and operation of that commercial facility.” 

Reason:           In order that, should the extra-care facility be delivered first, prospective users of the extra-care facility will understand what facilities will be on offer on the site before they commit to live at the development.

Condition (4)   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 Design and Access Statement.

Reason:           To ensure the approved dwellings are fully accessible in accordance with Policy DM11 of the Councils Development Management Policies. 

Condition (5)   No development shall take place until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing should be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2: Glossary of National Planning Policy Framework or any future guidance that replaces it. The scheme shall include:

i. The numbers, type, tenure and location on the site of the affordable housing provision to be made, which shall consist of not less than 35% of residential  units, unless otherwise agreed in writing with the LPA.

ii. The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

iii. The arrangements for the transfer of affordable housing to an affordable housing provider or the arrangement of the management of the affordable housing if no RSL is involved;

iv. The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing;

v. The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria should be enforced.

The affordable housing shall be retained in accordance with the approved scheme.

Reason: In order to ensure affordable housing is provided as part of this scheme and in accordance with Policy CS6.3 of the Councils Core Strategy 

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)   As part of the submission of the first reserved matter a sustainable surface water drainage scheme shall be 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 K32662/05/FRA/RH ISSUE A 3RD OCTOBER 2018 and:

(i) 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;

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

(iii) shall include a timetable for its implementation; and

(iv) shall include a strategy for any temporary arrangements during construction of the development.

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 (8)   As part of the submission of the first reserved matter a foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The foul water drainage scheme shall include the following as a minimum:

(i) Full details of any connections to the foul sewer network and any necessary infrastructure;

(ii) Ground and finished floor levels in AOD;

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

(iv) The timing arrangements, storage requirements and rate of discharge for any pumped foul discharge; and

(v) A strategy for any temporary arrangements during construction of the development.

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. This condition is imposed in light of policies within the NPPF and NPPG.

Condition (9)   All 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 (10)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 (11)The carriageway, footways, footpaths, cycle ways etc. shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. 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 complete.

Reason:           To ensure a minimum standard of construction in the interests of highway safety.

Condition (12)The development shall not commence until the second (eastern) access off Allithwaite Road, as per drawing reference 4824_SK002 M, has been constructed 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 general development of the site commences so that construction traffic is safeguarded.

Reason:           In the interests of highway safety.

Condition (13)Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule.

Reason:           To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere.

Condition (14)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 (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.

       the control of noise during construction,

       a scheme which specifies the provisions to be made for the control of noise emanating from any plant, machinery, odour control or ventilation equipment

       a scheme for the installation of equipment to control the emission of odours from the premises

       a scheme to demonstrate how refuse and recycling will be stored and managed within the site

       a scheme showing the proposed lighting plan for external building lights and car park lighting for the development

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

Condition (16)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:

1)         An archaeological evaluation

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

3)         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.

Note – The Committee voted to adjourn for a break at 12.15 p.m. and reconvened at 12.25 p.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: 16/02/2021

Date of decision: 17/12/2020

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

Accompanying Documents: