PLANNING COMMITTEE
Meeting: Tuesday 31st March, 2015
at 2.30 p.m. (Drawing Room)
PRESENT:- Councillors M. A. Thomson (Chair), C. Thomson (Vice-Chair),
Derbyshire, Johnston, R. McClure, Murphy, Preston, Sweeney and Thurlow.
Officers Present:- Charles Wilton (Principal Planning Officer), Helen Watkin (Senior
Technical Administrator) and Sharron Rushton (Democratic Services Officer).
446 – Declarations of Interest
Councillor Johnston declared a disclosable pecuniary interest in Planning Application
No. 2014/0657 – Sherborne Avenue, Barrow-in-Furness (Minute No. 471) as her
husband worked for the applicant. She left the meeting during consideration of that
item.
Councillor McClure declared a disclosable pecuniary interest in Planning Application
No. 2015/0094 – 5 Laurel Drive, Barrow-in-Furness (Minute No. 468) as the
applicant was a relative. He left the meeting during consideration of that item.
Councillor Murphy declared a disclosable pecuniary interest in Planning Application
No. 2015/0033 – The Plantation, Pit Lane, Lindal-in-Furness (Minute No. 472) as the
applicant was a close associate. He left the meeting during consideration of that
item.
447 – Apologies for Absence/Attendance of Substitute Members
Apologies for absence were received from Councillors Husband, Murray and Wilson.
Councillor Sweeney had substituted for Councillor Murray for this meeting only.
448 – Minutes
The Minutes of the meeting held on 10th March, 2015 were taken as read and
confirmed.
449 – Unauthorised Change of Use of Warehouse (B8 use) to retail use for the
sale of furniture – 1B Forge Close, Barrow in Furness
The Development Services Manager submitted a report to inform Members that the
site was being used for retail purposes, despite a previous refusal of consent. The
occupier had ignored the request to relocate the business to more appropriate
premises.
The building was a relatively modern warehouse located within a cluster of industrial
units on Forge Close. Approved in phases (2006/556 and 2010/438), the site was
developed into a shared yard arrangement with vehicle turning areas, external
storage areas, and truck parking spaces along with parking for employees and trade
customers. The early application was for two buildings one each for light and
general industrial uses (B1, B2) and warehouse (B8). The latter approval was for a
warehouse (B8) which was the subject of the report.
The premises were being run as ‘The Sofa Group’, which sold sofas and other
furniture as a retail unit, with customers visiting the site to make purchases. As an
out of town location it meant greater reliance by customers on using their cars
compared with more sequentially superior sites. It should be noted that there was a
number of sequentially better vacant premises in and around the town centre within
which this business could potentially locate. This would be in accordance with local
policies and national guidance which encouraged support for established retail
centres. Furthermore, the unit had the potential to attract large numbers of potential
customers to an area intensively used and shared by industrial vehicles. It therefore
represented a danger to visiting customers.
An application (2011/0149) was previously received in 2011 relating to 1A Forge
Close, for change of use from a warehouse to A1 retail use for the sale of carpets
and other floor coverings, furniture, beds and bedding and household fabrics. This
was refused on the basis that it was located outside of the town centre and there
was no sequential testing undertaken by the applicant with regard to alternative
premises within and adjacent to the town centre.
A letter was sent from the Enforcement Officer on 13th November, 2014 identifying
the unlawful use of the premises and requesting that the business relocated to a
more suitable location. Following contact from the Federation of Small Businesses
on behalf of the occupier, which failed to resolve any of the above issues, the
Development Services Manager also sent a letter, dated 22nd January, 2015,
explaining that the site was being operated as a retail unit contrary to national
guidance and local policy. Despite this correspondence, the premises continued to
be extensively advertised, via unauthorised signs positioned around the town.
Whilst it was the Councils general aim to support regeneration and promote local
businesses it was considered that in view of the previous refusal of planning
consent, the lack of any subsequent appeal, and the number of vacant premises in
and around the town centre that enforcement was now appropriate. In order to
enable the business to seek alternative premises it was suggested a compliance
time of 6 months.
RESOLVED:- That the Development Services Manager be authorised to take any
enforcement action deemed necessary to secure cessation of the business, subject
to a 6 month period for compliance.
Town and Country Planning Acts
The Assistant Director of Regeneration and Built Environment submitted for
information details of planning applications in this report which he had determined
under delegated authority (Minute No. 254, Planning Committee, 3rd September,
2002, confirmed by Council 24th September, 2002). The decisions are reported for
your information. The plans recommended for approval under the Town and Country
Planning Acts will be subject to the standard conditions referred to in Minute No. 208
(April 1971) of the Plans Sub-Committee, Barrow-in-Furness, County Borough
Council, in addition to any conditions indicated hereunder. Applications with a (P)
beside the applicant’s name denotes those applications that were reported to the
Planning Panel.
RESOLVED:- (i) To note the decisions made under the Town and Country Planning
Act 1990 (as amended) as follows:450
2014/0842
Application for approval of details reserved by Condition No. 1
(bat boxes) of planning permission 2014/0079 (Reinstatement of
the shore bank using a clay and stone mix binded with sand to
prevent future erosion (retrospective)) at Shoreline, Marsh Farm,
Duddon Road, Askam-in-Furness.
451
2015/0060
Attached garage with utility room at Cardross, Harris Street,
Askam-in-Furness.
452
2014/0873
Application for a Certificate of Lawfulness of Proposed Use or
Development (CLOPUD) for the installation of non-domestic
micro-generation equipment at Poaka Beck Water Treatment
Works, Moor Road, Marton.
453
2015/0004
Rear ground floor kitchen and toilet extension (Resubmission of
planning permission 2014/0624 in a revised form) at 47 Monk
Street, Barrow-in-Furness.
454
2015/0019
Application to discharge Condition No. 12 (Bat Roosting Boxes)
of approved planning permission 2014/0022 (Demolition of
existing school and construction of new school building) to
provide roosting boxes for bats prior to occupation of the
development at St James Junior CE School, Blake Street,
Barrow-in-Furness.
455
2015/0017
Prior Notification of proposed demolition, Town and Country
Planning (General Permitted Development) Order 1995
Schedule 2 part 31 of modular structures on Network Rail Land
to the rear of Elizabethan Way, Barrow-in-Furness.
456
2014/0839
Application for works to a Sycamore Tree subject of Tree
Preservation Order 2013 No. 1 namely the reduction of the trees
height by 4m-5m and crown radius by 2-3m, and submission of a
Section 211 notification for the felling of one Sycamore trees
located within the Conservation Area at Abbey Manor, Abbey
Approach, Barrow-in-Furness.
457
2014/0881
Part two storey rear extension forming existing bathroom over
ground floor kitchen and lounge extension at 140 Hollow Lane,
Barrow-in-Furness.
458
2014/0643
Proposed installation of a 4.99 MW solar farm and associated
development at Proposed Solar Farm Development, Bank Lane,
Barrow-in-Furness.
459
2015/0069
Application for a Non-Material Amendment following the grant of
planning permission 2014/0403 (Rear living room and kitchen
extension with side utility room and shower room extension) to
allow internal repositioning of utility room and shower room and
replace front window with double doors at 33 Laburnum
Crescent, Barrow-in-Furness.
460
2015/0028
Erection of a rear ground floor utility room and wc and alterations
to existing conservatory at 113 Rampside, Barrow-in-Furness.
461
2015/0089
Approval of details reserved by Condition No. 7 (details of
external cladding) for planning permission 2014/0550 (Erection
of a general purpose agricultural building) at Yarlside Road,
Barrow-in-Furness.
462
2014/0868
Raising rear portion of main roof by 1500mm to accommodate a
first floor loft conversion creating a bedroom with en-suite at 2
Azalea Walk, Barrow-in-Furness.
463
2015/0054
Notification for proposed works to Willow trees numbered T15
and T16 located within North Vickerstown Conservation Area at
Vickerstown School, Mill Lane, Barrow-in-Furness.
The following EIA was required:464
2014/0874
Town and Country Planning under Regulation 5 (Environmental
Impact Assessment) Regulations 2011 – Screening Opinion –
Proposed O&M Facility at Cavendish Dock, Ramsey Way,
Barrow-in-Furness.
The following County Matters were considered:465
2015/9999
Proposed Remediation and Servicing of land at Barrow
Waterfront (County Matter – Screening 2015) on land east of
Walney Channel and NW of Ramsden Dock, Barrow Waterfront,
Barrow-in-Furness.
466
2015/9001
Section 73 application to amend Condition 1 and 2 of planning
permission 6/12/9009. To extend the time limit for
implementation until 2018 and allow revised design of the
proposed building (County Matter) at Wicks Limited, Scarth
Road, Barrow-in-Furness.
The following application was refused:467
2015/0002
Proposed two storey side extension at 2 Himalaya Avenue,
Barrow-in-Furness.
(ii) To note the decisions made under the Building Act 1984/The Building
Regulations 2010 as submitted by the Principal Building Control Surveyor.
Town and Country Planning Acts
The Assistant Director of Regeneration and Built Environment reported on the
following planning applications:468 – 5 Laurel Drive, Barrow-in-Furness
From Mr K. Morrison in respect of a ground floor lounge and first floor bedroom
extension to front elevation at 5 Laurel Drive, Barrow-in-Furness as shown on plan
number 2015/0094.
RESOLVED:- That planning permission be granted subject to the Standard Duration
Limit and the following conditions:2.
The development shall be carried out and completed in all respects in
accordance with the hereby approved plans and drawings shown as
KCM 001, 002, 003, 0004, 005, 006, 007, 008, 009 and defined by this
permission, and notwithstanding the provisions of the Town and
Country Planning (General Permitted Development) Order 1995 (or any
Order revoking or re-enacting that Order with or without modification),
there shall be no variation without the prior written consent of the
Planning Authority.
Reason
To ensure that the development is carried out only as indicated on the
drawings approved by the Planning Authority.
3.
The materials to be used in the construction of the external surfaces,
including walls, roofs, doors, and windows, of the extension hereby
permitted shall be of the same type, colour, and texture as those used
in the existing building.
Reason
To ensure a satisfactory appearance to the development, and to
minimise its impact upon the surrounding area.
469 – Furness House, Duke Street, Barrow-in-Furness
From Mr A. Pabani Denbrook Limited in respect of the conversion of office block to
64 bedroomed hotel (Outline with all matters reserved for subsequent approval) at
Furness House, Duke Street, Barrow-in-Furness as shown on plan number
2015/0108.
The results of consultations were reported.
RESOLVED:- That planning permission be granted subject to the Standard Duration
Limit and the following conditions:1.
No development whatsoever shall take place until full details of the
appearance, landscaping and layout of the development have been
submitted to and approved by the Planning Authority and the
development shall conform to such approved details.
Reason
Required to be imposed pursuant to Section 92 of the Town and
Country Planning Act 1990, as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004.
2.
Application for approval of Reserved Matters must be made not later
that the expiration of three years beginning with this permission and the
development must be begun not later than whichever is the later of the
following dates:
a) The expiration of three years from the date of this permission; or
b) expiration of two years from the final approval of the Reserved
Matters or in the case of approval on different dates, the final
approval of the last such matter to be approved.
Reason
Required to be imposed pursuant to Section 92 of the Town and
Country Planning Act 1990, as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004.
3.
Should a kitchen facility be incorporated in the development at any
stage full details of the system must be submitted to and approved in
writing prior to the beneficial use of those facilities. The details must
demonstrate that emissions from any cooking processes are to be
extracted through a properly designed and constructed exhaust
ventilation system, adequately filtered and discharged to an appropriate
height (at least 1 metre above eaves level) to prevent cooking odours
being observed at any neighbouring properties. The exhaust gas flow
must not be restricted by any plate etc. at the outlet which might affect
dispersion. The approved system must thereafter be retained as
approved and operated and maintained in accordance with the
manufacturer's instructions.
Reason
In the interests of the amenities of the occupants of neighbouring
properties.
4.
On site facilities for the storage of recycling receptacles and a wheeled
refuse storage bin of suitable capacities to serve the development must
be provided before the beneficial use of the premises begins; the
details of such facilities must be submitted to and approved by the
Planning Authority prior to the commencement of the development, and
thereafter permanently maintained to the satisfaction of the Authority.
Reason
In the interests of environmental amenity by ensuring a suitable
provision of refuse storage on the site.
5.
Drainage must be on the separate system with all foul drainage
connected to the foul sewers and only uncontaminated surface water
connected to the surface water system.
Reason
In order to ensure that the site is adequately drained and in order to
control the potential for pollution of the water environment.
6.
Noise from the development, in particular ventilation, extraction, air
conditioning condensers, plant and equipment, must not exceed Noise
Rating Curve NR 30 in daytime hours (0700 - 2300) and NR 25 in night
time hours (2300 - 0700) in any noise sensitive property.
Reason
In order to minimise the potential for noise pollution and thereby
conforming to Saved policy D58 of the Barrow Local Plan 1996-2006.
470 – Crooklands Brow (adjacent to Crooklands Gardens), Ulverston Road,
Dalton-in-Furness
From Mrs S. Stoker in respect of the construction of four Business Units – Outline
(Appearance, layout and scale reserved for subsequent approval) at Crooklands
Brow (adjacent to Crooklands Gardens), Ulverston Road, Dalton-in-Furness as
shown on plan number 2015/0038.
Representations received and the results of consultations were reported.
The Committee had undertaken a site visit prior to the meeting.
RESOLVED:- That Outline planning permission be granted subject to the Standard
Outline Duration Limit and the following conditions:2.
The development hereby permitted shall be carried out in all respects in
accordance with the application dated 8th December 2014 and the
hereby approved documents defined by this permission as listed below,
except where varied by a condition attached to this consent.
Reason
In order to link the permission to the submitted application and as
recommended by the DCLG document ‘Greater Flexibility for Planning
Permissions’.
3.
The premises shall be used for Business, and for Storage and
Distribution purposes only and for no other purpose (including any
other purpose in Classes B1 and B8 of the Schedule to the Town and
Country Planning (Use Classes) Order, 1987 (as amended), and the
Town and Country Planning (General Permitted Development Order)
1995 (as amended) or in any provision equivalent to those Classes in
any Statutory Instrument revoking or re-enacting such Orders with or
without modification).
Reason
To ensure that inappropriate uses do not take place on the site due to
the proximity of the site to residential properties and the need to protect
residential amenities, and also due to the site location being outside of
Dalton town centre.
4.
No development shall take place until a Preliminary Investigation (desk
study, site reconnaissance and preliminary risk assessment), to
investigate and assess the risk of potential contamination, is submitted
to and approved in writing by the Local Planning Authority. This
investigation must be undertaken by a suitably qualified contaminated
land practitioner, in accordance with established procedures (BS10175
(2011) Code of Practice for the Investigation of Potentially
Contaminated Sites and Model Procedures for the Management of
Land Contamination (CLR11)).
Reason
To ensure that risks from land contamination to the future users of the
land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that
the development can be carried out safely without unacceptable risks to
workers, neighbours and other offsite receptors in accordance with
Saved policy D56 of the Local Plan Review 1996-2006.
5.
If the Phase 1 study that is subject to a condition attached to this
consent does identify any potential for contamination, then a site
investigation/Phase 2 report based upon the study shall be
implemented. The method and extent of this investigation, together with
any programme of phasing, shall be agreed in writing with the Planning
Authority prior to the commencement of any work, but should contain;
a. A survey of the extent, scale and nature of contamination,
b. An assessment of the potential risks to;
i. Human health
ii. Property (existing and proposed)
iii. Adjoining land
iv. Groundwaters and surface waters
v. Ecological systems.
c.
An appraisal of remedial options and proposal of the preferred
option(s).
d. A programme of implementation (including any phasing of the
works).
This must be conducted in accordance with the “CLR11 Model
Procedures for the Management of Land Contamination” (DEFRA
2004).
If, during the remediation works any contamination is identified that has
not been considered in the original submission, then additional
remediation proposals for this material shall be submitted to the
Planning Authority for written approval prior to those measures being
implemented. Any further approved proposals shall thereafter form part
of the remediation strategy.
The development shall not proceed until the subsequently agreed
works have been carried out by the developer to the written satisfaction
of the Planning Authority, and there shall be no beneficial occupation of
the site (unless otherwise subject to prior written agreement with the
Planning Authority) until there has been the submission of a
remediation validation report and risk assessment strategy, with all
appropriate certification that the proposed works have been completed.
Reason
To ensure that risks from land contamination to the future users of the
land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that
the development can be carried out safely without unacceptable risks to
workers, neighbours and other offsite receptors in accordance with
Saved policy D56 of the Local Plan Review 1996-2006.
6.
Prior to the commencement of any development, details of the foul
drainage scheme shall be submitted to and approved in writing by the
Planning Authority. Foul shall be drained on a separate system. No
building shall be occupied until the approved foul drainage scheme has
been completed to serve that building, in accordance with the approved
details. This development shall be completed maintained and managed
in accordance with the approved details.
Reason
In order to ensure that the site is adequately drained and in order to
control the potential for pollution of the water environment.
7.
With the exception of the land reasonably required for the site access,
the frontage to Ulverston Road shall be enclosed with a limestone wall,
the written details of which shall be subject to prior approval by the
Planning Authority. The wall shall be constructed in accordance with
those details and completed prior to beneficial occupation of any part of
the development, and thereafter permanently retained.
Reason
In the interests of the visual amenities of the area and in order to meet
the requirements of Saved policy D21 of the development plan.
8.
All planting, seeding or turfing comprised in the approved details of
landscaping shall be carried out in the first planting and seeding
seasons following beneficial occupation of any part of the development,
or in accordance with the phasing of the scheme as agreed in writing
with the Planning Authority. Any trees or plants which within a period of
five years from the completion of the development die, are removed, or
become seriously damaged or diseased, shall be replaced by the
landowner in the next planting season with others of a similar size and
species, unless the Planning Authority gives prior written consent to
any variation.
Reason
In the interests of the visual amenities of the area.
9.
Prior to the commencement of any development, a surface water
drainage scheme and means of disposal, based on sustainable
drainage principles with evidence of an assessment of the site
conditions (inclusive of how the scheme shall be managed after
completion) shall be submitted to and approved in writing by the
Planning Authority. The surface water drainage scheme must be
restricted to existing runoff rates and unless otherwise agreed in writing
by the Planning Authority, no surface water shall discharge to the public
sewerage system either directly or indirectly. The development shall be
completed, maintained and managed in accordance with the approved
details.
Reason
In order to ensure that the site is adequately drained in accordance with
the sustainable principles found in the NPPF.
10.
No building permitted to the erected under this permission shall be first
occupied until works required for a footway running the entire length of
the site frontage and connecting with the adjacent footway, which is
designed and constructed to Cumbria County Council adoptable
standards, have been completed by the developer in conformity with
prior detailed proposals submitted to and approved in writing by the
Planning Authority.
Reason
In order to comply with Saved policy E17, by ensuring that the
development is linked to the existing footway network from Dalton and
thus providing a suitable level of permeability for pedestrians visiting
the site, and in order to ensure that the development is carried out in an
orderly and satisfactory manner.
11.
The development shall not be brought into any beneficial use until the
parking, loading, unloading and manoeuvring facilities have been
constructed in accordance with the approved details. The parking,
loading, unloading and manoeuvring areas shall be kept clear of any
obstructions and made available for those purposes at all times and
shall not be used for any other purpose, unless the Planning Authority
gives prior written consent for any variation.
Reason
In the interests of highway safety, and to ensure that it is available at all
times for the parking and manoeuvring of all service vehicles
associated with the use of the development.
12.
There shall be no external storage of refuse or other waste materials,
except within purpose built containers and no external storage of any
other materials except within appropriately screened areas, details of
which shall be subject to prior written agreement with the Planning
Authority. The development shall thereafter be carried out in
accordance with the approved details.
Reason
In the interests of the visual amenities of the area, due to the close
proximity to dwellings and the prominent location of the site on the main
road into Dalton town centre.
471 – Sherborne Avenue, Barrow-in-Furness
From Mulberry Homes Ltd in respect of an application for Outline planning
permission for the erection of 90 houses with access roads (layout and access not
reserved for subsequent approval) (resubmission of refused application reference
2014/0105 in a revised form) at Sherborne Avenue, Barrow-in-Furness as shown on
plan number 2014/0657.
Representations received and the results of consultations were reported.
The Committee had undertaken a site visit prior to the meeting.
RESOLVED:- That (A) It be agreed that the development subject of application
2014/0657 is not EIA development for the purposes of the Town and Country
Planning (Environmental Impact Assessment) Regulations 2011 and issue a
screening opinion to that effect;
(B) If the surface water drainage issue has not been resolved by the date of your
meeting, to an extent sufficient to confirm that the layout can accommodate the most
sustainable form of drainage for the site in accordance with the Ciria SuDs Manual
(C697), that the applicant be informed that this Authority is Minded To Refuse the
planning permission for the following reason:
1.
The scheme does not take account of the recommendations of the
Flood Risk Assessment and Outline Surface Water Drainage Strategy
Report which accompanies the application in that there is no indication
that the scheme has taken account of a range of techniques required to
achieve a Sustainable Urban Drainage scheme (SuDs) which ‘should
be developed in conjunction with a site layout sympathetic to the SuDS
philosophy’. Approval of the proposal would therefore conflict with the
implementation of SuDs and the advice of both the Environment
Agency and the strategic planning guidance of the County Council, but
will delegate the final decision to the planning manager in consultation
with the Planning Panel to allow the applicant time to investigate the
matter further. Should the sustainable issue be resolved then;
(C) Subject to the applicant completing S106 Obligations as detailed below;
Proposed general heads of terms of the 106 as follows:
1.
That those public accessible open areas to be transferred to the
Council and which shall include the open space area adjacent to plots
201-203, and the site of the equipped children's play area (adjacent to
plots 41-43) be transferred to the Council within a timescale and in a
condition to be defined within the obligation and including the payment
by the developer to the District Council of the capital cost of laying out
and equipping the play area. Also, a commuted sum covering the
maintenance of all transferred areas and based upon a period of
maintenance, including grounds maintenance, litter bin emptying/litter
picking and a proportion of the cost of replacing the play equipment and
the cost of litter picking the adjacent section of greenway. That the sum
included within the obligation will be subject to increase to take account
of inflation to cover the period between the date of the agreement and
payment of the sum(s),
2.
A commuted sum payable to the County Council in relation to a
contribution to the cost of future adaptation for homes which do not
meet Lifetime Homes Criteria 10, and 12 part A) based upon the
contribution calculation contained within the County’s Technical
response dated 20/11/14 and which is attached to this report as
appendix B and in accordance the County Council’s Planning
Obligations Policy,
That Outline planning permission be granted subject to the Standard Duration Limit
and the following conditions:1.
No development whatsoever shall take place until full details of the
appearance, landscaping, and scale of the development have been
submitted to and approved by the Planning Authority and the
development shall conform to such approved details.
Reason
Required to be imposed pursuant to Section 92 of the Town and
Country Planning Act 1990, as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004.
2.
Application for approval of Reserved Matters must be made not later
that the expiration of three years beginning with the date of this
permission and the development must be begun not later than
whichever is the later of the following dates:
a) The expiration of three years from the date of this permission; or
b) expiration of two years from the final approval of the Reserved
Matters or in the case of approval on different dates, the final
approval of the last such matter to be approved.
Reason
Required to be imposed pursuant to Section 92 of the Town and
Country Planning Act 1990, as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004.
3.
With respect to layout and access the development shall proceed in
accordance with the application dated 06/10/2014 as amended by the
submission of the revised layout plan drawing no FL/N/PH3/100 Rev L.
Reason
To ensure the development only proceeds as approved.
4.
As there are potential unacceptable risks, a Field Investigation and Risk
Assessment, conducted in accordance with established procedures
(BS10175 (2011) Code of Practice for the Investigation of Potentially
Contaminated Sites and Model Procedures for the Management of
Land Contamination (CLR11)), shall be undertaken to determine the
presence and degree of contamination including ground gas, and must
be undertaken by a suitably qualified contaminated land practitioner.
The results of the Field Investigation and Risk Assessment shall be
submitted to and approved by the Local Planning Authority before any
development begins.
Reason
To protect the environment and the health of the public from potential
hazards that may arise as a direct result of the redevelopment of the
land.
5.
Where contamination is found which poses unacceptable risks, no
development shall take place until a detailed Remediation Scheme has
been submitted to and approved in writing by the Local Planning
Authority. The scheme must include an appraisal of remedial options
and proposal of the preferred option(s), all works to be undertaken,
proposed remediation objectives, remediation criteria and a verification
plan. The scheme must ensure that the site will not qualify as
contaminated land under Part 2A of the Environmental Protection Act
1990 in relation to the intended use.
Reason
To protect the environment and the health of the public from potential
hazards that may arise as a direct result of the redevelopment of the
land.
6.
The approved Remediation Scheme shall be implemented and a
Verification Report submitted to and approved in writing by the Local
Planning Authority, prior to occupation of the development.
Reason
To protect the environment and the health of the public from potential
hazards that may arise as a direct result of the redevelopment of the
land.
7.
In the event that contamination is found at any time when carrying out
the approved development, that was not previously identified, it must
be reported immediately to the Local Planning Authority. Development
on the part of the site affected must be halted and Field Investigations
shall be carried out. Where required by the Local Planning Authority,
remediation and verification schemes shall be submitted to and
approved in writing by the Local Planning Authority. These shall be
implemented prior to occupation of the development.
Reason
To protect the environment and the health of the public from potential
hazards that may arise as a direct result of the redevelopment of the
land.
8.
No soil material is to be imported to the site until it has been tested for
contamination and assessed for its suitability for the proposed
development. A suitable methodology for testing this material should be
submitted to and approved by the Local Planning Authority prior to the
soils being imported onto site. The methodology should include the
sampling frequency, testing schedules, criteria against which the
analytical results will be assessed (as determined by the risk
assessment) and source material information. The analysis shall then
be carried out as per the agreed methodology with verification of its
completion submitted to and approved in writing by the Local Planning
Authority.
Reason
To protect the environment and the health of the public from potential
hazards that may arise as a direct result of the redevelopment of the
land.
9.
Prior to the commencement of any development, a landscape scheme
for the site, showing the trees, shrubs and hedgerows, including verges
and other open spaces, together with details of any phasing of such a
scheme and including a landscape management plan for all areas other
than privately owned residential curtilages, covering management
responsibilities and maintenance schedules for a minimum period of 5
years, must be submitted to and approved in writing by the Planning
Authority. The scheme shall be submitted on a plan not greater that
1:500 in scale and shall contain details of numbers, locations and
species of plants to be used. All planting and subsequent maintenance
shall be to current British Standards. The approved scheme must be
implemented and maintained in accordance with the agreed details.
Reason
In the interests of the visual amenities of the area and to ensure a
management plan is put in place.
10.
Prior to the commencement of any development a habitat
creation/enhancement and management plan and programme has
been submitted to and approved in writing by the planning authority.
The approved habitat creation/enhancement and management plan
shall be implemented in full accordance with the approved programme.
Reason
To accord with the NPPF paragraph 109 which requires net gains in bio
diversity where possible.
11.
Prior to the commencement of any development drainage plans and
information for the disposal of surface water taking account of the
SUDs hierarchy (CIRA SUDS Manual) and foul sewerage, inclusive of
how the scheme shall be maintained and managed after completion,
have been submitted to and approved in writing by the Planning
Authority. The scheme shall be implemented in accordance with the
approved details prior to the occupation of any dwelling which is reliant
on that section of drainage.
Reason
To ensure that the dwellings are drained in the most sustainable way
practicable.
12.
Prior to the commencement of any development a Construction
Management Method Statement (CMMS) shall have been submitted to
and approved in writing by the Planning Authority and the development
shall then be carried out in accordance with the approved CMMS. The
CMMS shall cover the following areas:
i) details of the phasing of the construction work
ii) a traffic management plan to include all traffic associated with the
development, including site and staff traffic
iii) procedures to monitor and mitigate noise from construction and
monitor any properties at risk of vibration as well as taking account
of noise from plant, machinery, vehicles and deliveries, with
reference to BS 5228 – Code of Practice for noise and vibration on
construction and open sites. All measurements should make
reference to BS 7445 – Description and measurement of
environmental noise.
iv) hours of working and deliveries
v) mitigation measures to reduce adverse impacts on residential
properties from construction compounds including visual impact,
noise, dust and light pollution
vi) mitigation measures to control the emissions of dust and dirt during
construction and demolition
vii) a written procedure for dealing with complaints regarding the
construction or demolition; A site log book to record details and
action taken in response to exceptional noisy incidents or dustcausing episodes. It should also be used to record the results of
routine site inspections
viii) details of lighting to be used on site
ix) mitigation measures to ensure that no harm is caused to protected
species during construction
x) the provision of facilities for the cleaning of vehicle tyres where haul
routes meet the public highway to avoid deposition of mud/debris on
the public highway and the generation of dust.
Reason
To ensure any potential adverse impacts on amenity are appropriately
considered and mitigated as necessary.
13.
Prior to the commencement of any development details of any reprofiling of the site in terms of existing and proposed levels together
with the finished floor levels of the proposed dwellings shall have been
submitted to and approved in writing with the planning authority. The
details shall include an assessment on the surface water drainage
implications associated with the south east corner of the site which has
been identified as being at flood risk. The development shall then
proceed in accordance with the agreed details).
Reason
In order assess the implication of any re-profiling of the site including
on its appearance, hydrology, and relationship to adjacent land
including the operational railway.
14.
Prior to the occupation of any dwelling hereby approved details of
trespass proof fencing for the full length of the site’s boundary with the
operational railway shall have been submitted to and approved in
writing by the planning authority including a programme for its
installation and which in the case of residential curtilages shall be prior
to the occupation of the respective dwelling.
Reason
To protect the adjacent railway from unauthorised access as advised
by Network Rail.
15.
Prior to the construction of any highway the developer shall have
submitted to and have approved in writing a risk assessment in relation
to the risk of vehicle incursion and any measures considered necessary
to mitigate any identified risk. The assessment shall be based upon and
take account of the following:
Design Manual for Roads and Bridges – TD19
Managing the accidental obstruction of the railway by road vehicles –
DfT Feb 2003.
Reason
On the advice of Network Rail it is necessary that the risks associated
with traffic travelling adjacent to the railway are appropriately
considered and mitigated.
16.
No dwellings shall be occupied until the wearing course has been
added to the greenway in relation to its full length from Flass Lane to a
point level with the northern boundary of the application site.
Reason
In the interests of delivering sustainable transport modes.
17.
The residential travel plan which forms part of the Traffic Impact
Assessment/Transport Assessment (Supplementary Report) dated
15/12/2014 by VTC (Highway and Transportation Consultancy) shall be
implemented in accordance with a scheme which must have been
submitted to and approved in writing by the Planning Authority.
Reason
To secure the implementation of the agreed travel plan and a timescale
for its implementation.
472 – Chapel House, Newton Road, Newton-in-Furness
From Mr P. Wakefield in respect of Outline application for the erection of 8 dwellings
(all matters reserved for subsequent approval) at Chapel Houses, Newton Road,
Newton-in-Furness as shown on plan number 2014/0507.
Representations received and the results of consultations were reported.
The Committee had undertaken a site visit prior to the meeting.
An objector, a representative in favour of the application, the applicant and the agent
attended the meeting and made representations to the Committee.
RESOLVED:- That planning permission be refused for the following reasons:1.
Approval of the proposal would be contrary to the development plan
due to conflict with Saved policies B3 and B10 in that the site is located
outside the built up area and outside the residential development
cordon in an area dependent upon the private motor car. Approval
would also conflict with a core principle of the NPPF which requires
decisions to recognise the intrinsic character and beauty of the
countryside and saved policy D1 insofar as it is consistent with the
NPPF. This is due to the urbanising effects of the proposed housing on
the countryside setting of Newton village which would be aggravated by
its ribbon development form. These findings accord with the previous
appeal decision for part of the site.
2.
The site is remote from any surface water sewer and the practicality of
any ground filtration system is questionable given the identification of
part of the site and part of the adjacent field being shown as being at
risk of surface water flooding. In the absence of a drainage scheme
which addresses such matters, the development is likely to lead to
pressure to discharge surface water into the foul/combined sewer
contrary to the advice of United Utilities.
473 – The Plantation, Pit Lane, Lindal-in-Furness
From Mr S. Davies in respect of Outline application with all matters reserved for a
proposed new dwelling at The Plantation, Pit Lane, Lindal-in-Furness as shown on
plan number 2015/0033.
Representations received and the results of consultations were reported.
The Committee had undertaken a site visit prior to the meeting.
Two objectors, the applicant and a representative in favour of the application
attended the meeting and made representations to the Committee.
RESOLVED:- That planning permission be refused for the following reasons:1.
The site is within a woodland covered by a Tree Preservation Order
and includes many valuable trees. Because of their proximity on all
sides, their shading effect and associated problems, these trees would
be likely to cause unreasonable inconvenience to future occupiers,
leading inevitably to requests for consent to fell. Approval would
thereby conflict with saved policy D31 of the Borough of Barrow in
Furness Local Plan Review 1996 – 2006.
2.
Ground work in association with the proposed building would be likely
to damage or destabilise trees near to the dwelling. Approval would
thereby conflict with saved policy D30 of the Borough of Barrow in
Furness Local Plan Review 1996 – 2006
3.
Because of the elevated position of the site, a bungalow would clearly
visible in views from within the Conservation Area. This would spoil the
green backcloth to the Conservation Area and change the character of
the woodland unacceptably. It would diminish the visual separation
between The Green and ribbon development further up Pit Lane.
Approval would conflict with saved policy D15 and the duty to be
followed under section 72(1) of the Act.
4.
Approval of the proposal would conflict with saved policies B3, B10 and
D1 being development outside of the residential development cordon
for Lindal.
474 – Withdrawn Application
The following application had been withdrawn from the Agenda:2015/0059 – Erection of a 9 metre section of rose trellis on boundary wall between
no. 28 and 30 North Scale achieving a height of 2.38-2.48 metres
(retrospective) at 30 North Scale, Barrow-in-Furness.
The meeting closed at 3.45 p.m.