Planning application number: 10/0746
Site address: LAND AT SOUTHEND ROAD/CASTLE HILL ROAD PENRITH
Description: Development of a mixed use scheme including retail superstore, retail development, housing, restaurants, cafes, building societies, offices, access roads, car parks, engineering operations and use of squares for events/markets as permitted under approval ref. 05/0954, but incorporating changes to the alignment of the retail units along the newly formed Brewery Lane link, revisions to the elevations of buildings; reduction to car parking provision; changes to the phasing of development and a reduction in the number of housing units to be provided.
Decision date: 21 December 2010
Decision type: Full Approval
Temporary expiry date:
Decision level/committee: Committee
Conditions / reason for refusal: 1) The development permitted shall be begun before the expiration of three years from the date of this permission. Reason - In order to comply with the provisions of the Town and Country Planning Act 1990.

2) The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (plan reference numbers as specified in the Hadfield Cawkwell Davidson Architects Document Issue Register received by the local planning authority on 26th November 2010) and shall not be varied other than by prior agreement in writing by the local planning authority. Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

3) i) Prior to the commencement of development a scheme of phasing of the implementation of the development shall be submitted to and approved by the local planning authority. The scheme of phasing shall ensure that an appropriate number of car and coach parking spaces are maintained within the development at all times. The development shall be carried out in complete accordance with the approved phasing scheme unless variation is first agreed in writing by the local planning authority. ii) Direct routes of access to and from the site for private and contractors traffic must be identified and direction signage provided and maintained throughout. iii) Reasonable access between the supermarket and the town centre shall be maintained at all times along a specified route to be agreed in advance of any works and at all times throughout construction, this shall be appropriately signed and where within the development site it shall be maintained in a safe condition for public use. Reason - To ensure that the development is undertaken in an orderly manner and that existing town centre is adequately served by car parking and that linkages with the town centre are maintained throughout the course of the development in the interest of protecting the viability and vitality of the existing town centre in accordance with Policy CS23 of the Eden Core Strategy.

4) The supermarket hereby approved shall be limited in floor area to 5109 sq m (55,000ft sq) gross internal area, which shall be divided between 3709 sq m of convenience sales floorspace and 1400 sq m ancillary comparison sales floorspace. Prior to the first opening of the supermarket a plan shall be submitted to and approved by the local planning authority showing how the floorspace will be distributed in accordance with these proportions and the supermarket shall be laid out in accordance with this plan. Thereafter the floor area devoted to convenience and comparison retail goods shall not be increased and no additional internal floorspace or mezzanine shall be created without the express written consent of the local planning authority, although the floor plan may be changed without any requirement for consent. For the purposes of this condition and to calculate the net floorspace, retail floorspace includes those areas to which customers have access, apart from the foyer area, checkouts, toilets, café and customer service desk. The term ‘comparison goods’ extends to all goods apart from food, drink, tobacco, newspapers, magazines, toiletries and personal hygiene products, soaps and cleaning materials. Reason - To ensure the floor space of the supermarket is within justifiable limits in the interest of protecting the viability and vitality of the existing town centre and all defined centres, in accordance with Policy CS23 of the Eden Core Strategy.

5) None of the units hereby permitted shall be used as a hot food takeaway or drinking establishment (uses that fall within Class A4 and A5 of the Town and Country Planning Use Classes Order (2005). No unit or part of a unit hereby approved shall be used for restaurant or café use (a use falling within Class A3 of the Use Classes Order until the following information has been submitted to and agreed by the local planning authority: i) The proposed hours of operation ii) Details of ventilation systems iii) Details of noise mitigation measures iv) Details of proposed servicing arrangements. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS23 of the Eden Core Strategy.

6) Samples of the materials to be used for the external surfaces of each block of the development, including materials to be used for all buildings and roofs of buildings and their windows of each block, shall be submitted to and approved in writing by the Local Planning Authority before development commences above ground level on that Block of the development, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Sample panels of the materials proposed shall be displayed on site, or at an agreed location, for approval by the Local Planning Authority and approved before the development is commenced. The sample panels shall be retained on site until the work is completed in accordance with the approved plans. Reason - To ensure that the materials harmonises with the surroundings in accordance with Policy CS18 of the Eden Core Strategy.

7) No part of the development shall be occupied until there has been submitted and approved in writing by the local planning authority full details of the artwork, art media and other features to be provided within the development. These details should include an artwork feature of sufficient scale positioned close to the pedestrian entrance to the car park as shown on the submitted plan to provide a focal point and enclosure to this part of the Square, and additional artwork features within each of the other newly created squares. The submitted detail is also to include means for the future provision of artwork and their maintenance and the development shall be carried out in complete accordance with the approved scheme. Reason - To ensure that such features of the development complement the style and character in accordance with Policy CS18 of the Eden Core Strategy.

8) The proposed windows shown to be obscurely glazed on the approved drawings shall be fitted with non-opening or top-hung windows fitted with obscure glazing in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority before any part of the development is occupied. The development shall be carried out in accordance with the approved details and shall be permanently retained. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

9) No development shall be occupied until full details of both hard and soft landscape works, including a phased programme of works, and maintenance programme have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out in the first planting season following occupation of any part of the development or in accordance with the programme agreed by the Local Planning Authority. Any trees or other plants which die or are removed shall be replaced during the next planting season in accordance with the agreed maintenance programme. Reason - To ensure that the development is landscaped in the interest of the visual character and appearance of the area in accordance with Policy CS18 of the Eden Core Strategy.

10) Block N as specified on the approved drawings shall maintain entrances from the main ‘Common Garden Square and from Kilgour Street in accordance with details that has been submitted to and approved by the local planning authority prior to the occupation of the unit. Thereafter access to the retail unit shall be in maintained in accordance with the approved details. Reason - In the interest of the vitality of the retail frontages on both frontages in accordance with Policy CS23 of the Eden Core Strategy.

11) Prior to the occupation of any retail units on the site full details of all gates to be fitted to side access ways and passageways between Blocks shall be submitted to and approved by the local planning authority and the development shall be carried out in full compliance with the approved details. The detail to be submitted shall include a scheme for the management and closure of newly created alleyways and recessed areas during the evening and night time hours including the mechanical means to be employed, hours of closure, and a management plan for the implementation of these measures. Reason - To safeguard safety of the public in accordance with secured by design principles in accordance with Policy CS18 of the Eden Core Strategy.

12) An archaeological watching brief shall be undertaken by a qualified archaeologist in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority in advance of the permitted development. 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 investigation and recording of such remains.

13) A programme of archaeological post-excavation assessment and analysis of all the archaeological material recovered by the archaeological investigations of the site, the preparation of a site archive ready for deposition at a store, the completion of an archive report, and the submission of the results to a suitable journal as approved beforehand by the Local Planning Authority (LPA) shall be carried out within two years of the date of commencement of the hereby permitted development or otherwise agreed in writing by the Local Planning Authority. Reason - To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

14) The proposed development shall be in accordance with the details outlined in the Penrith New Squares Flood Risk Assessment (FRA) prepared by WA Fairhurst & Partners and submitted with the application dated October 2005, the FRA Addendum Report dated 7 March 2005 and the Hadfield Cawkwell Davidson Penrith New Squares FRA and the FRA Addendum Report dated June 2010. Reason - To ensure that the development is subjected to the minimum risk of flooding in accordance with Policy CS1 and CS4 of the Eden Core Strategy.

15) No phase of development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works for that phase has been approved by the Local Planning Authority. The scheme shall be completed in accordance with the Hadfield Cawkwell Davidson Penrith New Squares Drainage Strategy dated 20 August 2010 and the Penrith New Squares FRA Addendum Report dated June 2010 and any approved plans. Reason - To ensure that the development is subjected to the minimum risk of flooding in accordance with Policy SE1 of the Eden Local Plan and Policy CS4 of the Eden Core Strategy. (See supplemental advice).

16) There should be no drainage of surface water from anywhere on the Penrith New Squares site into the existing Dog Beck culvert. Reason - To ensure that the development is subjected to the minimum risk of flooding in accordance with Policy SE1 of the Eden Local Plan and Policy CS4 of the Eden Core Strategy.

17) A scheme of measures to prevent any possible pollution, discharges or run-off reaching the River Eden via Thacka Beck during construction phase and future use of the site shall be submitted to and approved by the local planning authority and these measures shall be established and maintained in order to avoid any significant effect on the interest features of the SAC (Special Area of Conservation). In particular care should be taken to ensure that there is no risk of pollution or siltation arising from the working area reaching Thacka Beck. Reason - To ensure that there is no risk of any contamination reaching the River Eamont via Thacka Beck in accordance with Policy CS1 and CS4 of the Eden Core Strategy.

18) The carriageway, footways, footpaths, cycleways etc shall be designed, constructed, drained to the satisfaction of the Local Planning Authority and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work on the carriageway, footways, footpaths, cycleways etc commences on site. No work shall be commenced until a full specification has been approved. 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. To support Local Transport Plan Policies: LD5, LD7, LD8.

19) Before any of the approved buildings are occupied the new access roads as detailed on Drawing No. ARCH/2009-282/P010 and off-site highway improvements referred to in the Transport Assessment reference no. N01836 (August 2010) and Transport Assessment reference no. R/I/D/58399/08 (May 2006) shall be completed in accordance with such details that form part of an agreement with the Highway Authority under Section 278 of the Highway Act 1980, unless otherwise agreed in writing with the local planning authority. Reason - To ensure that the highway network can accommodate the traffic associated with the development. To support Local Transport Plan Policies: LD5, LD6, LD7.

20) The use shall not be commenced until the parking and servicing requirements have been constructed in accordance with the approved plans. Any such parking and servicing provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority. Reason - To ensure a minimum standard of access, parking and servicing provision when the development is brought into use.

21) No development pursuant to this planning application shall be brought into its intended use unless and until the full design and construction details for the improvements to the A66 Kemplay Bank Roundabout shown in outline drawing N01836/101 Revision F prepared by the transportation consultants, Savell Bird and Axon and dated September 2010, have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Agency. The details to be submitted shall include: (i) how the scheme interfaces with the existing highway alignment, details of the carriageway markings and lane destinations, (ii) full signing and lighting details, (iii) confirmation of full compliance with the current Departmental Standards (DMRB) and Policies (or approved relaxations/departures from standards), (iv) An independent Stage Two Road Safety Audit (to take account of any Stage One Road Safety Audit recommendations) carried out in accordance with current Department Standards (DMRB) and Advice Notes. Reason - To ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980, maintaining the safety of traffic on the road.

22) No development shall be brought into its intended use, unless and until the highway improvements, in accordance with the above, have been implemented to the satisfaction of the local planning authority in consultation with the Highways Agency. Reason - To ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980, maintaining the safety of traffic on the road.

23) The installation of fixed plant shall be such as to provide sound attenuation such that the noise emitted from fixed plant on the development site, to include every individual retail and commercial unit, shall not exceed the lowest measured night time background level (39dB(A) 2300 to 0700 hours) and lowest measured daytime level (45dB(A) 0700 to 2300 hours) by more than +5dB in accordance with BS4142:1997 at any noise sensitive receptor. The noise level shall be determined 1 metre from a façade containing a bedroom window. Verification in writing that this has been achieved shall be submitted to the local planning authority prior to any of the units or superstore being brought into use. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

24) Development shall not commence above ground level on any individual building until a scheme of sound attenuation between residential (existing and proposed) and any commercial/retail uses has been submitted and approved in writing by the Local Planning Authority. The scheme approved shall be fully implemented before any of the proposed residential dwellings are occupied. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

25) Development shall not commence above ground level on any individual building until a scheme of sound attenuation between residential (existing and proposed) and car parking areas has been submitted and approved in writing by the Local Planning Authority. The scheme approved shall be fully implemented before any of the proposed residential dwellings is occupied. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

26) The operating hours of the retail superstore shall be limited to the following: Supermarket trading and Home Shopping : 0700 to 2300 Mon - Sat and 1000 to 1600 Sunday. Deliveries 0700 to 2300, Mon - Sat and 1000 to 1600 Sunday. The operating hours of all other retail units shall be limited to the following: Trading hours: 0700 to 2300 Mon - Sat and 1000 to 1600 Sunday. Deliveries: 0700 to 2300 Mon - Sat and 1000 to 1600 Sunday. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

27) A Service Yard Noise Management Plan shall be submitted to and approved by the local planning authority prior to the first use of the retail units and supermarket hereby approved. Thereafter servicing shall be undertaken in complete accordance with the approved Management Plan. This Plan shall include: • An impact assessment of all the likely noise sources upon the nearest noise sensitive dwellings • Measures to be taken to ensure that noise from the Service Yard area shall not exceed the lowest measured night time background level (39dB(A) 2300 to 0700 hours) and lowest measured daytime level (45dB(A) 0700 to 2300 hours) by more than +5dB in accordance with BS4142:1997 at any noise sensitive receptor. The noise level shall be determined 1 metre from a façade containing a bedroom window. • Verification in writing that this has been achieved shall be submitted to the local planning authority prior to the service yard being brought into use. • Provision that delivery vehicles shall not use reversing alarms in the delivery areas between the hours of: 0700-0900 Mon- Sat and 1900-2300 Mon-Sat. At these times a non-audible alternative shall be used. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

28) The recycling centre must be closed and gated during the hours of 1900- 0800 and the collection and replacement of recycling containers, shall be limited to 0800 to 1800 Monday to Friday and 0900 to 1700 Saturday. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

29) The residential development hereby approved shall not be occupied until a scheme for protecting the proposed residential accommodation from noise from existing and future road traffic has been submitted to and approved by the Local Planning Authority; all works which form part of the approved scheme shall be completed before the residential accommodation is occupied. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

30) Blocks M and N shall not be occupied until a scheme of sound attenuation between the proposed residential dwellings above retail unit 25 and Toppers night club has been submitted and approved in writing by the Local Planning Authority. The scheme approved shall be fully implemented before any of the proposed residential dwellings is occupied. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

31) Prior to the commencement of each identifiable development phase a Construction Noise and Vibration Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan thereafter agreed shall be implemented in the approved manner. The Plan shall be submitted to the Local Planning Authority no less than 28 days prior to work commencing. Reason - To minimise disturbance and disamenity to residents from noise and vibration associated with construction/demolition works in accordance with Policy CS18 of the Eden Core Strategy.

32) Each premises/unit granted use for Use Class A3 shall have equipment installed to suppress and disperse fumes and/or smell produced by cooking and food preparation, and the equipment shall be effectively operated for so long as the use continues. Details of the equipment shall be submitted to, and approved by, the Local Planning Authority and the equipment shall be installed and be in full working order to the satisfaction of the Local Planning Authority prior to the commencement of use. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

33) No part of the development shall be brought into use until additional investigation and risk assessment, in addition to any assessment provided with the planning application, is completed in accordance with a scheme to assess the nature and extent of any contamination on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the vertical and lateral extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, including culverted sections of watercourse, • ecological systems, • archaeological sites and ancient monuments; (iii) the approved Remediation Specification, Sirius Report C2804 July 2008 shall be reviewed and revised in light of the findings of this additional investigation and risk assessment. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. 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 the provisions of PPS23 ‘Pollution Control’.

34) The approved remediation scheme must be carried out in accordance with its terms prior to any part of the development being brought into use, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. Until such documentation has been agreed with the Local Planning Authority the relevant phase of site shall not be occupied. 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 of the land after remediation. 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 the provisions of PPS23 ‘Pollution Control’.

35) 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 in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 33, and where remediation is necessary an additional remediation scheme must be prepared which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the additional approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 34. 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 the provisions of PPS23 ‘Pollution Control’.

36) Any soil/material to be imported to site for use in garden areas, soft landscaping, public open spaces, filling and level raising shall be tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material shall 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 risk assessment) and source material information. The assessment shall then be carried out and validated evidence submitted to and approved in writing by the Local Planning Authority. 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 the provisions of PPS23 ‘Pollution Control’.

37) During the demolition and construction phase of the development, the developer shall ensure that dust arising from these activities does not adversely affect neighbouring premises. Details of a proposed scheme of dust control shall be agreed in writing with the Local Planning Authority prior to the commencement of demolition on the site. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

38) A local scale air quality dispersion modelling study (an Air Quality Assessment), shall be undertaken and submitted to the Local Planning Authority prior to the occupation of any part of the development in respect to nitrogen dioxide and particulates. The assessment shall take account of the Air Quality (England) Regulations 2000 as amended and the guidance set out in the Local Air Quality Management Technical Guidance LAQM.TG(09) published by Defra. The Air Quality Assessment shall include all road networks which will be affected by the proposed development (the study area) as identified in the Penrith New Squares Transport Assessment 2010 any subsequent Transport Assessments prior to the scheme commencing.

39) The Air Quality Assessment shall demonstrate the likely changes in air quality as a result of the proposed development. In particular it shall (a) assess the existing air quality in the study area (existing baseline) (b) predict the future air quality without the development in the study area(future baseline) (c) predict the future air quality with the development in place in the study area (with development). The Air Quality Assessment including model verification shall take account of nitrogen dioxide (NO2) monitoring data obtained by Eden District Council during 2010. Should the assessment identify that an exceedence of the nitrogen dioxide and/or the particulates air quality objectives as set out in the Air Quality (England) Regulations 2000 and the Air Quality (England)(Amendment) Regulations 2002 due to the development is likely during it’s opening year and after each phase of the development is complete, the assessment shall set out mitigation measures that will be necessary to ensure the development does not cause an exceedence of the air quality objectives. The mitigation measures will be implemented within a timescale agreed by the Local Planning Authority. The assessment shall be subject to the written approval of the Local Planning Authority. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

40) Prior to each premises being brought into use for the purpose hereby permitted, a scheme providing adequate storage of refuse from this use shall be submitted to and approved by the local Planning Authority. The scheme shall be carried out and thereafter retained at all times, unless as otherwise agreed by the local planning authority. Reason - In the interests of the amenity of occupiers of adjoining properties in accordance with Policy CS18 of the Eden Core Strategy.

41) The use hereby permitted shall not commence until provision has been made within and in the vicinity of the site for the disposal of litter resulting from the use and such provision shall be in accordance with details agreed in writing with the Local Planning Authority. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

42) A Waste Management Regime Plan shall be submitted to and approved by the Local Authority prior to the occupation of any unit on the site, the Regime Plan shall cover methods of waste disposal and recycling of waste throughout the retail and residential parts of the development and the approved Plan shall be implemented in full upon completion of the development works, unless as otherwise agreed in writing by the local planning authority. Reason - To ensure there is a satisfactory regime for the management of waste in accordance with Policy CS18 of the Eden Core Strategy.

43) Notwithstanding the details submitted with the application full details of all external lighting of the site shall be submitted to, and approved in writing by, the Local Planning Authority prior to the occupation of any part of the development. This information shall include a layout plan with beam orientation and a schedule of equipment used in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operating in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation. Reason - In the interest of amenity, to ensure local residents are protected from potential light nuisance and to ensure that lighting levels complement and support the CCTV system that will operate in the area in accordance with CS18 of the Eden Core Strategy.

44) The measures included within the application designed to reduce carbon emission and maximise energy generation on the site that has been submitted to and approved by the local planning authority, including measures for rainwater harvesting and re-use systems; solar panels; biomass heat generation; insulation and use of recycled and recyclable materials shall be incorporated into the development hereby permitted as it is constructed and shall not be removed or altered in any way without the prior written consent of the local planning authority. Reason - To ensure that the development minimises energy use and maximises the use of energy-efficient technologies and energy from renewable sources in accordance with Policy CS19 of the Eden Core Strategy.

45) Prior to the opening of the supermarket hereby approved full details shall be submitted to and approved by the local planning authority of the improved pedestrian crossing over Great Dockray as shown on the submitted layout plan. This shall include the provision of raised pedestrian tables across the highway. The approved details shall be carried out in full prior to the opening of any unit in Phase 1B of the development. Reason - To facilitate ease of movement between the town centre and the approved development in accordance with Policy CS5 of the Eden Core Strategy.

46) The existing trees on the site shall not be lopped, felled or otherwise affected in any way (including raising or lowering soil levels under the crown spread of the trees) and no excavation shall be cut under the crown spread of the trees without the prior written permission of the Local Planning Authority. Reason - To safeguard the trees in the interest of visual character and appearance of the area in accordance with CS18 of the Eden Core Strategy.

47) Notwithstanding the submitted details provision for shop security open lattice shutters shall be made within the building shell of every Block so that shutters can be mounted on the inside of shop windows. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

48) All shop fronts including pilasters, console brackets and fascia panels approved within this development shall conform precisely to the details shown on the drawings hereby approved. Prior to the fitting of each shop front a drawing at 1:20 scale shall be submitted to and approved by the local planning authority showing the means of construction, materials, joints depth of window reveals and depth of door set back. The shop front shall then be fitted completely in accordance with the details approved. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

49) Within 12 months of the date of this permission a palette of colours shall be submitted to for the approval of the local planning authority from which the colour of the shop front, building and other detailing, including gloss work and render colours shall be chosen. Prior to the completion of each Block hereby approved the colour specification to be used for the front elevation of the Block, drawn from this palette of colours, shall be submitted to and approved by the local planning authority, and the building shall be coloured in accordance with the approved colours unless prior written consent is given for any variation. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

50) Within 12 months of the date of this permission full detail shall be submitted for the approval of the local planning authority of street furniture including seating, art work, decorative art work railings, children’s play equipment, information boards, street signs, litter bins, lighting columns and fittings, vehicle access controls and the means for protection of public buildings. The detailed design of the decorative gates and artwork shall be submitted at 1:20 scale and a sample of the artwork shall also be provided. The approved details shall be implemented in full prior to the opening of any unit on Phase 1B of the development unless the prior written consent of the local planning authority is given. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

51) Within 12 months of the date of this permission details at 1:20 scale shall be submitted for approval by the local planning authority showing the detail of all windows to be fitted within the development. For windows on front elevations of buildings and those that will be open to view from public areas these shall be timber framed, sliding sash and case windows and shall be recessed in accordance with the approved plans with a minimum 150mm recess. The windows shall then be fitted in full accordance with the approved details and retained thereafter. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

52) The upper floor of the multi story car park hereby approved shall be closed and the lighting switched off between the hours of 23.30 and 07.00, unless an alternative scheme for the protection of residential and visual amenity from light pollution has been submitted to and approved in writing by the Local Planning Authority. Any such scheme if approved shall be implemented in full and retained thereafter or otherwise the car park lighting shall be switched off between the hours specified above. Reason - To achieve a satisfactory form of development in the interests of visual and residential amenity and in accordance with Policy CS 18 of the Eden Core Strategy.

53) Prior to the commencement of the use of Blocks T and V (Supermarket and Car Park) the roof of each Block shall be painted or otherwise coloured in accordance with a scheme that has been submitted to and approved by the local planning authority, and the colour scheme shall be maintained in the approved colour unless the written consent of the local planning authority has been obtained. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

54) The public toilets shall be open for use by the public at all times when the supermarket is open for trading. Reason - To ensure adequate provision is made for replacement toilets in accordance with the Planning Brief 2002.

55) Prior to the opening of the supermarket for trading details shall be submitted to and approved by the local planning authority of the position and detail of signage directing the public to the public toilets. The approved signs shall thereafter be displayed in the approved positions and not altered unless the prior written consent of the local planning authority is obtained. Reason - To ensure adequate provision is made for replacement toilets in accordance with the Planning Brief 2002.

56) Within 12 months of the date of this permission, and notwithstanding the submitted details (which shows bollards) details of a wall to be constructed between the car park behind Block A and B and the footpath running from Castle Hill Road to Block C shall be submitted to and approved by the local planning authority. The wall shall be constructed as approved prior to the opening of Phase 1B and shall be retained thereafter. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

57) Notwithstanding the submitted details the eastern (front) elevation for the supermarket portico entrance and colonnade shall be faced in stone, and not artstone as shown on the submitted drawings. Full details of the proposed material shall be submitted in accordance with this condition for the approval of the local planning authority. The details shall include a sample panel of the material and detailed drawings at 1:20 scale showing details of jointing methods and for exclusion of rainwater penetration to the building facade. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

58) Notwithstanding the submitted details the public facing elevations of Block G shall be faced in stone and render panels (not artstone). Full details of the proposed material shall be submitted in accordance with this condition for the approval of the local planning authority. The details shall include a sample panel of the material and detailed drawings at 1:20 scale showing details of jointing methods and for exclusion of rainwater penetration to the building facade. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

59) Full details of the walls and railings enclosing the front and sides of Blocks R, S and P shall be submitted to and approved by the local planning authority and the approved detail shall be carried out in full prior to the occupation of each Block unless the prior written agreement of the local planning authority has been given. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

60) The development shall be carried out in strict accordance with the Bat Inspection Survey Report submitted with the application on 12th November 2010, including provision of further surveys, for contractors adopting standard awareness of the possible presence of bats, and for habitat protection/creation measures to be incorporated within the development. Reason - To safeguard wildlife in the interests of nature conservation in accordance with Policy CS16 of the Eden Core Strategy.

61) Immediately upon completion of each of the shop units hereby approved and where a temporary hoarding is required this hoarding shall be screen printed with the image of a shop front, in accordance with details that have been submitted to and approved by the local planning authority. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

62) Prior to the occupation of any retail unit hereby approved, with the exception of the supermarket (Block V), the elevation to Block X facing Bowling Green Lane shall be completed in full in accordance with the approved details. Reason - To achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

63) Prior to the opening of the supermarket hereby approved full details shall be submitted to and approved by the local planning authority of Variable Message Signage to be provided on the northbound approach to the Southend Road/ Victoria Road junction to guide shoppers to other car parks in Penrith when the MSCP and the Common Square car parks are nearly full. The approved details shall be carried out in full prior to the opening of the supermarket and shall remain in place and fully functional thereafter. Reason - To ensure the efficient use of car parking within the town centre in accordance with Policy CS5 of the Eden Core Strategy.

64) All buildings shall be designed to minimise water run off onto the exterior walls, with projecting elements, including window sills, lintels, cornices, string courses and other projecting features employing drip channels and other details as appropriate. The lead work specification contained within the submitted application including adherence to the relevant BS standards: BS 12588 on lead thickness and quality and BS 6915 on quality of workmanship and fitting shall be adhered to in all cases, and the build quality in general shall conform to the details submitted to the local planning authority by email dated 20th October 2010. Reason - To minimise dampness and water staining on the elevations of the buildings to achieve a satisfactory development in accordance with Policy CS18 of the Eden Core Strategy.

65) Prior to the application of the external cladding system to the multi story car park (Block T) full details of the spacing, angle and colour of the metal fin system and full details of the type of mesh, its grade, and colour of the grill cladding system shall be submitted to and approved by the local planning authority. The development shall be carried out in full accordance with the approved details. Reason - In the interest of the visual amenity of the area in accordance with Policy CS18 of the Eden Core Strategy.

66) Prior to the commencement of each Block referred to below the following shall be submitted to and approved by the local planning authority: i) For the new glazed unit situated in front of Block A, full details of the frameless glazed system including a 1:20 scale drawing ii) Block A: a 1:20 scale drawing detailing the dentil course to be incorporated into the eaves of the building iii) Block L : a 1:20 scale drawing detailing the frameless glazing system to be employed in the shop front; iv) Block L : a 1:20 scale drawing detailing the depth of reveal of the first and second floor windows of the residential units with a minimum 300mm depth of reveal; ; v) Block V: a 1:20 scale drawing including cross sectional details of the portico and colonnade mouldings, and a further drawing at 1:50 scale confirming that the columns and portico are in the same vertical plane rather than the portico cantilevered forward of the columns; vi) Blocks R and S: an elevation drawing at 1:200 scale showing the boundary screen walls shown on the plan drawings vii) Block Y: (the former Two Lions Public House), and notwithstanding the details submitted with the application, an amended elevation at 1:100 scale of the south west elevation into Two Lions/Great Dockray Courtyard, showing any alterations to be proposed viii) Block X, notwithstanding the details submitted with the application, an amended elevation at 1:100 scale of the alterations to the frontage of the building including the shop front; ix) Block C: a 1:50 scale drawing of the shop front confirming that the upper lights of the shop front are glazed. Reason - In the interest of the visual amenity of the area in accordance with Policy CS18 of the Eden Core Strategy.

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