Agenda item

PLANNING APPLICATION NO. SL/2020/0783 - LAND OFF BRIGSTEER ROAD, KENDAL

To consider an application for the erection of 88 dwellings and associated works on the land off Brigsteer Road, Kendal.

Minutes:

Note – The Principal 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.

 

Note – The Committee voted to adjourn for a break at 11.27 a.m. and reconvened at 11.36 a.m. when the same Councillors were present.

 

Note – A Late Representation from Public Participant Mr Dearlove was circulated to Members and Officers.

 

The Principal Planning Officer presented Planning Application No. SL/2020/0783 which sought permission for the erection of 88 dwellings and associated works on the land off Brigsteer Road, Kendal. He displayed plans and photographs which outlined the proposal and summarised the application, full details of which were included within his report. The Principal Planning Officer drew Members’ attention to the principal issues which were as follows. The site in question was part of a SLDC land allocation for residential development. In 2014, Planning Application No. SL/2014/1146, Erection of 35 dwellings with associated open space, landscaping and vehicular access, was refused on 25 February 2015 on the grounds of principled objection. On 15 February 2016 this refusal was overturned on appeal and Planning Permission was granted. Further points of significance highlighted by the Principal Planning Officer were that the northern part of the allocation was well-contained, comparably the south side was very open. He stated that during his presentation he was mostly referring to the land use proposals map, and highlighted that the Applicant’s intention was to retain the north-east corner for open space alongside other significant areas of green spaces around the proposal. The Principal Planning Officer covered the planning history of the site. He stated that due to this history, the Planning Committee ought to refrain from revisiting the issues covered in 2014 on this occasion.

 

The Principal Planning Officer presented the key issues covered in the report, namely: public rights of way, flood risk, affordable housing, road access to the site, the loss of trees and protected trees on the site, open space, landscape impact, archaeology, and comprehensiveness. He recommended to the Committee that the application be approved.

 

The Principal Planning Officer presented Mr Dearlove’s Late Representation which concerned contamination and flood risk. He stated that it was the developer’s responsibility that the land be safe from contamination, and that it was the Council’s responsibility to hold the applicant accountable. Regarding flood risk, he stated that experts’ opinion was that as far as possible the characteristics of draining on the site should remain unchanged and that this was indeed what was being done in this proposal.

 

Note – The Committee voted to adjourn the meeting for 5 minutes at 12.17 p.m. to read the submitted Late Representation. The meeting reconvened at 12.21 p.m.

 

Local residents Gareth Dearlove, Susan Reynolds and John Studholme addressed the Committee, on behalf of themselves and other local residents, in opposition to the application. They expressed many concerns, particularly with regards to land contamination, the change of character to the site which was significant due to its close proximity to the Lake District National Park which was a UNESCO designated heritage site, the lack of public transport in the area which would mean that there would be a significant increase of traffic, affordable housing (the concern being due to the difficulty of the development that the proposed affordable housing may be abandoned later in the development phase due to unforeseen costs), and the fact that this development was not a green development

 

Siobhan Sweeney, the Applicant’s agent, addressed the Committee in support of the application.

 

Councillor Giles Archibald addressed the Committee in opposition to the application. He further highlighted issues that had been raised in respect to the increases of traffic. He stated that the Council’s recommendation was for developers to provide 35% affordable housing, the Applicant had agreed to 20%. He stated that the problem was that the viability study was based on a pricing for land that was historic and that it was not reasonable for the community to have to bear the cost that was to come from the cost of the difficulty to develop the land, not merely the historical price of the land itself.

 

Note – Councillor Archibald withdrew from the Assembly Room for the remainder of this item.

 

The Principal Planning Officer responded to concerns raised during public participation. He addressed the fact that most objection to the proposal was an objection to the inappropriateness of developing the site in principle. He stated that the issue here lay in the fact that the principle of developing this site had been established in 2014, and the purpose of this hearing was to discuss the details of development, not the principle. He stated that the Council would find it very difficult to refuse the application in principle since that principle had long been established by the authority. He addressed concerns regarding the provision of affordable housing, stating that there was now a standardised methodology for calculating viability issues and applicants as well as consultants could use this methodology. He highlighted that at the beginning, the Applicant were offering no affordable housing, and now had changed their proposal to include just above 20% affordable housing. The Principal Planning Officer agreed that the site in question was a difficult site to develop. He turned to the issue of traffic, stating that were this application refused on these grounds it would go to appeal, where the question would come down to the fact that whilst local concerns were understandable, there was no evidence to support these concerns; the available and necessary rules and methodologies had to be followed and they had been followed in this case.

 

The Principal Planning Officer responded to questions raised by Members. He reiterated that the Highway Authority were content with the reports regarding traffic submitted to them by the Applicant. He stated that the methodology was explained in detail in the report, and that if the Highway Authority found no problems with the report, it would be difficult to hold up in a Planning Inquiry were the application to be refused on these grounds. He further stated that the 20% provision of affordable housing would be enshrined in the Section 106 agreement, however, the applicant retained their right to challenge this in the future,

 

During the debate, Councillors stressed the fact that the 35% affordable housing targets need to be met from now on. Councillor Jenkinson urged Councillors to contribute their concerns to the upcoming Council’s Local Plan to improve things for the future. Many Councillors stated that they would reluctantly be voting for the application since there was no feasible way to refuse it. The Principal Planning Officer stated that following the Committee meeting, some of the wording in the conditions was to be adjusted to strengthen the condition for affordable housing as well as provide more support for protected trees.

 

A motion to approve the application was proposed and seconded and it was

 

RESOLVED – That the application be approved subject to:-

 

a) adoption by the Planning Committee of the “Habitat Regulations Assessment (Appropriate Assessment), Urban Green, 31 March 2021 ” to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019);

 

b) a section 106 agreement to secure the following:

(i) Affordable housing

A minimum of 18 units of affordable housing, based upon: (1) a tenure mix of nine units for rent and nine for intermediate tenure (5 shared ownership and 4 discounted sale) in the locations indicated on the Affordable Homes Layout drawing (40014.03.11, Revision B) received 06 May 2021; and (2) the Council’s other standard clauses.

Not to allow the disposal of and/or occupation of:

·       More than 19 full market value units to be occupied until 4 affordable units have been made ready for occupation and written notification of such has been made to the council;

·       More than 32 full market value units to be occupied until 6 affordable units have been made ready for occupation and written notification of such has been made to the council;

·       More than 36 full market value units to be occupied until 10 affordable units have been made ready for occupation and written notification of such has been made to the council;

·       More than 66 full market value units to be occupied until all affordable units have been made ready for occupation and written notification of such has been made to the council.

(ii) On-site recreation and SuDS

A management company, or companies, to manage all of the on-site open space and SuDS in accordance with an “On-Site Open Space Management Plan” and a “SuDS Management Plan” to be first agreed.

(iii) Off-site recreation

A financial contribution of £44,625 towards off-site open space. [This is a pro rata calculation based on the £15,000 agreed for 34 dwellings in the 2016 section 106 agreement, plus inflation.] The contribution to be used towards: (1) the provision / improvement of open space and recreation/play space provision within the main Stainbank Green allocation; or (2) the provision / improvement of open space and recreation/play space provision within the “Vicarage Road green wedge” if the remainder of the Stainbank Green allocation is not substantially complete by the end of 2030.

 

(iv) Public right of way improvements

A contribution of £11,000 towards off-site public right of way improvements; specifically, upgrading the surface of footpath no. 536042 to improve accessibility to Underwood Road.

 

(v) Travel Plan monitoring

A contribution of £6,600 to fund CCC monitoring of the submitted Travel Plan

(vi) Access to remainder of the Stainbank Green allocation

A commitment to the provision of three adoptable highway links to the application site boundary, or the applicant’s ownership interest if different, in the positions shown on the approved layout. [The objective of this is to ensure no ransom strips that might otherwise frustrate future phases of the development.]

(vii) Biodiversity net gain

A financial contribution of £20,800, for onward transmission to Cumbria Wildlife Trust, for the establishment and future maintenance of 1.1 hectares of species rich wet and acidic pasture on former agricultural land on the south side of Foulshaw Moss Nature Reserve.

(viii) Mitigation of impacts on Scout and Cunswick Scars Site of Special Scientific Interest (SSSI): part of the Morecambe Bay Pavements Special Area of Conservation (SAC). The provision of signage and information boards and the provision of dog waste bins in the main parking areas serving Scout and Cunswick Scars SSSI, all in accordance with a scheme to be first submitted to, and agreed in writing by, the local planning authority. The scheme to be fully funded by the developer.

c) requests being passed onto the applicant and the local highway authority encouraging them to work collaboratively to achieve the minimum street lighting standards necessary for road adoption; and

d) 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.

 

Approved plans

 

Condition (2): The development hereby permitted shall be carried out in

accordance with the following approved plans:

 

·       Location Plan, 40014.03.092, Rev B A0

·       General Arrangements Layout plan (40014.03.01

·       Revision T)

·       Affordable Homes Layout, 40014.03.11, Revision C

·       Landscape Structure Plan, 6219.01, Revision F

·       Boundary Treatments, 40014.03.03, Revision F

·       Boundary Details Plan, 40014.03.BDP

·       Standard Boundary Treatments Layout, 40014.03.03ST

·       Elevation Treatments, 40014.03.02, Revision D

·       Finish Floor Levels Layout, 40014.03.FFL, Revision A

·       Hard Surfaces, 40014.03.04, Revision C

·       Pond Section Layout, 40014 516

·       Site Section, East Boundary, BRS-SS-003

·       Section B-B, BRS-SS-001B, Revision A

·       Section C-C, BRS-SS-001C, Revision A

·       Section D-D, BRS-SS-001D, Revision A

·       Section E-E, BRS-SS-001E Revision A

·       Section G-G, BRS-SS-001G

·       Section H-H, BRS-SS-001H

·       Drainage Layout Phase 1, 40-01-01 Revision P3

·       Southern Parcel Highway Surface Water Drainage

·       Strategy Layout, 40014 517

·       Swept Path Analysis, 40014-515

·       House type Fulford (A) (Plot 15)

·       House type Fulford (A) (Oher plots)

·       House type Rutherford (A)

·       House type Belford (A)

·       House type Branford (A)

·       House type Castleford (A)

·       House type Cranford (A)

·       House type Hartford (A)

·       House type Linford (A)

·       House type Milford (A)

·       House type Stanford (A)

·       House type Wexford (A)

·       Single Garage 1, GB-PLP1/2 Revision A

 

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

 

External materials

 

Condition (3 ): External walls and roofs of the dwellings hereby approved shall

be finished in accordance with the materials shown on the  approved Elevation Treatments plan (40014.03.02 Revision D), and in accordance with natural stone and natural slate specifications that shall first have been submitted to, and approved in writing by, the local planning authority.

Reason: To ensure compliance with: (1) policy CS8.10 (Design) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development) and DM2 (Achieving Sustainable High Quality Design) of the South Lakeland Development Management Policies Development Plan Document.

 

Plot boundaries

 

Condition (4): No individual dwelling shall be first occupied until its boundary

has been enclosed in accordance with the details shown on the approved Boundary Treatments plan (40014.03.03 Revision F).

 

Reason: To ensure compliance with: (1) policy CS8.10 (Design) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development) and DM2 (Achieving Sustainable High Quality Design) of the South Lakeland Development Management Policies Development Plan Document.

 

Landscaping

 

Condition (5): No development shall commence until a detailed soft landscaping scheme based upon the principles established in the submitted Landscape Structure Plan (6219.01, Revision F) has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of:

(i) planting plans; (ii) existing vegetation to be retained; (iii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iv) any essential external lighting; (v) an implementation timetable; and (vi) a schedule of landscape maintenance proposals for a period of not less than thirty 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 in accordance with policies LA1.3 (Housing Allocations) and LA2.7 (Stainbank Green) of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the

South Lakeland Development Management Policies Development Plan Document.

 

Tree protection

 

Condition (6): No development shall commence until physical tree protection measures have been put in place (and confirmed as acceptable following a site inspection by the local planning authority’s representative) in accordance with the details in: (1) the Arboricultural Impact Assessment (AIA), Brigsteer Road Phase 1 and 2, Urban Green, October 2020, Revision 06 (May 2021);and (2) the Arboricultural Method Statement (AMS), comprising the following drawings:

 

·       Arboricultural Method Statement – Excavations and Root Pruning, UG_23_ARB_AMS_01, Revision P05 Arboricultural Method Statement – Cellular Confinement System, UG_23_ARB_AMS_02, Revision P05

·       Arboricultural Method Statement – Boundary Treatments,

·       UG_23_ARB_AMS_03, Revision P05

·       Arboricultural Method Statement – Arboricultural Monitoring

·       Schedule, UG_23_ARB_AMS_04, Revision P01.

 

Thereafter, the protection measures shall be kept in place for the duration of the construction phase of the development, and development shall proceed in accordance the further measures detailed in the AIA and AMS.

 

Reason: To protect existing trees in accordance with policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

 

On-site open space

 

Condition (7): No individual dwelling hereby approved shall be first occupied until a timetable for the laying out and completion of all areas of on-site open space has been submitted to, and approved in writing by, the local planning authority. Thereafter, all areas of on-site open space shall be laid out and completed in accordance with the agreed timetable.

 

Reason: To ensure the timely provision of public open space in accordance with policies CS8.3a (Accessing open space, sport and recreation) and CS8.3b (Quantity of open space, sport and recreation) of the South Lakeland Core Strategy.[The long-term maintenance of on-site open space will be addressed by a planning obligation]

 

Accessible and adaptable homes

 

Condition (8): All of the dwellings hereby approved shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes.

 

Reason: To secure an appropriate level of compliance with Policy DM11

of the Development Management Policies Development Plan Document.

 

Broadband

 

Condition (9): No individual dwelling 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 Development Management Policies Development Plan Document. Highways

 

Condition (10): No development shall commence until visibility splays providing clear visibility of 70 metres measured 2.4 metres down the centre of the access road and the nearside channel line of the carriageway edge have been provided at the junction of the access road with the county highway (Brigsteer Road).

Thereafter, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (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 grown within the visibility splay which obstruct the visibility splays.

 

Reason: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (11): No dwellings shall be occupied until the estate road including footways, cycleways, parking, and turning spaces, to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

 

Reason: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (12): No individual dwelling hereby approved shall be first occupied until the 30mph speed limit on Brigsteer Road has been extended and defined by a ‘Gateway’/traffic calming feature in accordance with a scheme that shall first have been submitted to, and approved in writing by, the local planning authority.

 

Reason: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (13): No individual dwelling hereby approved shall be first occupied until the new footpath link along Brigsteer Road to the junction with Underwood has been constructed and made available for use in accordance with the General Arrangements Layout plan (40014.03.01 Revision T) and a further specification that shall first have been submitted to, and approved in writing by, the local planning authority.The specification must include details of the construction methods and working practices necessary to retain the protected sycamore identified as T9 in the Arboricultural Impact Assessment submitted in support of this application and prepared by Urban Green - October 2020, Revision 05.

 

Reason: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (14): No work on the construction of the main estate road at the point where it crosses footpath no. 536043 shall begin until a specification for the crossover of the footpath with the road has been submitted to, and approved in writing by, the local planning authority. Thereafter, the crossover shall be constructed in accordance with the approved specification.

 

Reason: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (15): No individual dwelling hereby approved shall be first occupied until the emergency vehicle access shown in the north-west of the site on the General Arrangements Layout plan (40014.03.01 Revision T) has been constructed and made available for use in accordance with a specification that shall first have been submitted to, and approved in writing by, the local planning authority.

 

Reason: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

 

Travel plan

Condition (16): A final travel plan shall be submitted to the local planning authority for written approval in accordance with the Action Plan and timescales set out in section 4.4 of the submitted Framework Travel Plan, produced by Croft, and dated May 2021.

 

Reason: To encourage the use of more sustainable modes of transport.

 

Parking

 

Condition (17): No individual dwelling shall be first occupied until its parking provision, as indicated on the General Arrangements Layout plan (40014.03.01 Revision T) and, where applicable, integral garages shown on the relevant house type designs, has been constructed and made available for use. All dwellings with garages shall be provided with charging points for electric vehicles.

 

Reason: To ensure the timely provision of car parking in accordance with policy DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

 

Drainage

 

Condition (18): Foul and surface water shall be drained to separate systems.

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

 

Condition (19): No development shall commence until full details of a sustainable drainage system consistent with the principles established in:

1)    the Flood Risk Assessment & Outline Drainage Strategy, Brigsteer Road, Kendal, Report Ref. 881960-R1(03)-FRA, RSK, October 2020;

2)     881960-R2(00)-FRAAddendum, RSK, 23 March 2021;

3)    Drainage Layout Phase 1

4)    drawing, 40-01-01 Revision P3; and

5)    Southern Parcel Highway Surface Water Drainage Strategy Layout drawing, 40014 517,

have been submitted to, and approved in writing by, the local planning authority. The full details must incorporate:

(1) hydraulic design;

(2) treatment design; and

(3) must be inclusive

of all off-site features. Treatment design must be in accordance with the recommendations of the SuDS Manual. The full details must also include an implementation timetable The existing exceedance proposals shall be updated when detailed design levels are available and should show a dropped kerb or similar near plot 47 to allow spill to the east, and near plot 10 to allow spill to the north east. Thereafter, the sustainable drainage system must be installed in accordance with the approved details and timetable.

 

Reason: To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

 [The long-term maintenance of the SuDS system will be addressed by a planning obligation]

 

Condition (20): No development shall commence until a surface water drainage validation strategy has been submitted to, and approved in writing by, the local planning authority. The strategy must include a timetable for the phased submission of validation reports in respect of the main sustainable drainage system and exceedance routes. No dwelling shall be first occupied until the

validation report for the relevant phase of the development has been submitted to, and approved in writing by, the local planning authority.

 

Reason: To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (21): No work on the construction of the southernmost of the two

SuDS basins shown on the General Arrangements Layout plan (40014.03.01 Revision T) shall commence until a specification for the construction and maintenance of the access track serving it has been submitted to, and approved in writing by, the local planning authority. Thereafter the access track shall be constructed and maintained in accordance with the approved

specification.

 

Reason: To support the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Construction management

 

Condition (22): Construction work shall not take place outside the hours of 0800

– 1800 Monday to Friday or 0900 – 1300 on Saturdays, nor at any time on bank holidays.

 

Reason: In the interests of safeguarding the amenity and ecological interest of the existing area in accordance with: (1) policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy; and (2) policies DM4 (Green and Blue Infrastructure and Open Space) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (23): No blasting shall be undertaken as part of the construction

process.

 

Reason: To safeguard the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document. Construction environment management plan

 

Condition (24): No development shall take place, including any works of demolition, until a Construction Environment Management Plan (CEMP) has been submitted to, and approved in writing by the Local Planning Authority. The objectives of the CEMP must be to reduce the impacts of the development on the amenity of the local area in general and, specifically, to

 

a. Demonstrate the potential impacts on protected/notable fauna and habitats anticipated and confirmed to be on site and within the wider area (such as the River Kent SAC and Blind Beck) in  relation to the proposed construction activities;

 

b. Describe the proposed measures in order to minimise debris and dust from entering the River Kent SAC via Blind Beck using protective fences, exclusion barriers and warning signs;

 

c. Describe the installation of silt control devices to catch sediment water run-off where appropriate;

 

d. Demonstrate the locations of “Biodiversity Protection Zones” and outline the working methods to be followed during the construction phase, regarding on site habitats and associated fauna, as well as the River Kent and Blind Beck;

e. Demonstrate physical measures and sensitive working practices to avoid or reduce impacts during construction on protected/notable habitats.

 

In addition, and consistent with the above, the CEMP shall

provide for:

 

(i) a phasing scheme for the construction of the development, including timescales for the installation of the access roads, parking and turning areas;

(ii) safe visibility at the access during the construction period;

(iii) details of proposed crossings of the highway verge;

(iv) dedicated areas for the parking of vehicles of site operatives and visitors;

(v) dedicated areas for loading and unloading of plant and materials;

(vi) dedicated areas for storage of plant and materials used in constructing the development;

 (vii) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

(viii) wheel cleaning facilities;

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

(x) cleaning of site entrances and the adjacent public highway;

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

(xii) the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman/escort details;

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

(xiv) measures to control surface water run-off during construction;

(xv) a rock pecking method statement;

(xvi) measures to control noise and vibration

 

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

 

Reason: To safeguard the amenity of the area in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Land contamination

 

Condition (25): No development shall commence until a method statement for the removal of the two instances of arsenic contamination identified at locations TP109 and TP110 in the submitted Phase I and Phase II Geo-Environmental Site Assessment (e3p, June 2018) has been submitted to, and approved in writing by, the local planning authority. Thereafter, the removal of the arsenic shall proceed in accordance with the agreed method statement.

 

Reason: To safeguard the amenity of existing and proposed dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (26): If during the course of development any visible contaminated or odorous material (for example, asbestos containing material, stained soil, petrol / diesel / solvent odour, underground tanks or associated pipework) not previously identified, is found to be present, development shall immediately cease. Thereafter, development shall only recommence in accordance with a method statement detailing the nature and degree of the contamination and the techniques proposed to remove it. The method statement must be prepared by a suitably qualified independent consultant and must first have been submitted to, and approved in writing by the local planning authority.

 

Reason: To safeguard the amenity of existing and proposed dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Noise

 

Condition (27): No individual dwelling hereby approved shall be first occupied until a validation report has been submitted to, and approved in writing by, the local planning authority confirming that ambient noise levels do not exceed: (a) 35dB LAeq 16hour within the dwelling’s living room(s) and bedroom(s); and (2) do not exceed 30dB LAeq 8hour within the dwelling’s bedroom(s) between the hours of 2300 and 0700.

 

Reason: In the interests of safeguarding the amenity of the proposed dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Archaeology

 

Condition (28): No development shall commence until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which shall first have been submitted to, and approved in writing 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, or within such timescale 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, in accordance with (1) policies CS2 (Kendal Strategy) and CS8.6 (Historic environment) of the South Lakeland Core Strategy; and (2) policy DM3 (Historic Environment) of the South Lakeland Development Management Policies Development Plan Document.

 

Biodiversity

 

Condition (29): None of the dwellings hereby approved shall be first occupied until an information pack to be made available to future residents, highlighting the significance and sensitivity of the nearby Scout and Cunswick Scars Site of Special Scientific Interest (SSSI) (part of the Morecambe Bay Pavements Special Area of Conservation (SAC)), has been submitted to, and approved in writing by, the local planning authority. Thereafter, the information pack shall be made available to all future residents for the lifetime of the development.

 

Reason: To reinforce compliance with policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy.

 

Condition (30): No development shall commence until an ecological strategy document, prepared by a qualified ecologist, has been submitted to, and approved in writing by, the local planning authority. The document shall set out a strategy for the provision of site-wide biodiversity improvements, including specific proposals for the two approved SuDS basins shown on the approved General Arrangements Layout plan (40014.03.01 Revision T). The strategy must link to the detailed landscaping scheme required by condition (5) and must include a schedule of maintenance proposals for a period of not less than thirty years from the date of completion of the development.

 

Thereafter, the improvements shall be implemented and maintained in accordance with the approved strategy.

 

Reason: To contribute towards the net gain in biodiversity required by:(1) policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) 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.

 

Note – The Committee voted to adjourn the meeting for 30 minutes at 1.31p.m.

 

Note – Councillors Archibald, Cooper and Holmes left the meeting at 2.00p.m.

 

Note – The meeting reconvened at 2.05p.m.

Supporting documents: