|Conditions / reason for refusal:
||That the application is granted subject to the prior completion of a Section 106 Legal Agreement relating to the provision of 30% affordable housing, a financial contribution of £81,290 towards primary education provision and a financial contribution of £46,000 towards highway network improvements, and subject to following conditions:
Time limit for commencement
1) The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason - In order to comply with the provisions of the Town and Country Planning Act 1990.
2) The approval of the details of the scale, layout, external appearance of the buildings, the landscaping and access (called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason - The application is in outline form only and is not accompanied by full detailed plans.
3) An application for approval of all reserved matters shall be made to the Local Planning Authority 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.
4) The development hereby granted shall be carried out in accordance with the drawings hereby approved:
i. Location Plan (ref: 12-47-PL110 – Rev.a) received 23 December 2019;
ii. Arboricultural Informaton (ref: OP-High Hesket – TRE86v1), dated September 2015, received 23 December 2019;
iii. Flood Risk Assessment (ref: 15019/FRA/1 – version 2), dated August 2015, received 23 December 2019;
iv. Phase 1 Desk Top Study (ref: 2015-1493), dated 22 July 2015, received 23 December 2019.
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
Prior to Commencement
5) Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance 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 Local Planning Authority.
The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. 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: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.
6) Prior to the commencement of the development hereby approved, details of predicted noise levels shall be submitted to and approved in writing by the Local Planning Authority in the form of a noise contour plan, that indicates that the outdoor amenity standard for gardens and amenity space achieve 50dB LAeq (16 hr daytime) throughout the site. The development shall then be carried out in accordance with the details of the plan.
Reason: In order to achieve acceptable noise levels for future occupants.
7) Prior to the commencement of the development hereby approved, details of the specific glazing specification to confirm that bedrooms achieve acceptable noise levels during the night time of below 45dBLmax, shall be submitted to and agreed in writing by the Local Planning Authority. The development shall then be carried out in accordance with these details.
Reason: In order to achieve acceptable noise levels for future residents.
8) Prior to the commencement of the development suitable improvements to the right-hand turn from the north bound carriageway of the A6 into the site shall be carried out by the developer, Details of the improvements shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved.
Reason - To ensure a minimum standard of construction in the interest of highway safety.
9) The carriageway, footways, footpaths, cycle ways etc. shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete.
Reason - To ensure a minimum standard of construction in the interests of highway safety.
10) Ramps shall be provided on each side of every junction to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines. Details of all such ramps shall be submitted to the Local Planning Authority for approval before development commences. Any details so approved shall be constructed as part of the development.
Reason - To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety.
11) The development hereby approved shall not commence until a contamination risk assessment, demonstrating that the risks posed to groundwater from the development can be satisfactorily managed, has been submitted to and approved in writing by the Local Planning Authority, Thereafter, the development shall be undertaken in accordance with the approved assessment at all times.
Reason: To prevent the pollution of groundwater and ensure there is no contamination to public water supplies.
12) Prior to the commencement of each phase of development hereby approved, no development shall commence until a remediation strategy to deal with the risks associated with ground contamination of the site, has been submitted to and approved in writing by the Local Planning Authority. The strategy will include the following components:
- A site investigation scheme, based on the desk study to provide information for a detailed assessment of of the risk to all receptors that may be affected, including those off-site.
- The results of the site investigation and the detailed risk assessment referred to above, and based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
- A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy above are complete and identifying any requirements for longer-term monitoring of pollution linkages, maintenance and arrangement for contingency action.
Thereafter, the development shall be undertaken in accordance with the approved remediation strategies at all times.
Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by; unacceptable levels of water pollution.
13) No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include the following details:
- Measures to control noise and dust;
- Details and specification of any external lighting;
- Details of pre-construction road conditions established by a detailed survey for accommodation works within the highway boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;
- Details of proposed crossings of the highway verge;
- Retained areas for vehicle parking, maneuvering, loading and unloading for their specific purpose during the development;
- Cleaning of site entrances and the adjacent public highway;
- Details of proposed wheel washing facilities;
- The sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;
- Construction vehicle routing;
- The management of junctions to and crossings of the public highway/footpath;
- Surface water management details during the construction phase.
Reason - In the interest of protecting local residential amenity and in the interest of highway safety.
Pre-occupancy or other stage conditions
14) No dwellings shall be occupied until the estate road including footways and cycle ways 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 - In the interest of highway safety.
15) The approved landscaping scheme shall be carried out within 6 months of the date of the first occupation of any building or completion of the development, whichever is the sooner. Any trees or plants/grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size, species and quality.
Reason: To ensure the satisfactory appearance of the site in the interests of visual amenity.
16) Construction works shall be carried out only between 0800 - 1800 hours Mondays to Fridays; 0900 - 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays.
Reason: To safeguard the amenity of residents living nearby.
17) Foul and surface water shall be drained on separate systems.
Reason: To secure proper drainage and to manage the risk of flooding and pollution.
Note to Developer:
1. This decision notice grants planning permission only. It does not override any existing legal agreement, covenant or ownership arrangement.
It is the applicant’s responsibility to ensure all necessary agreements are in place prior to the commencement of development.
2. It is the developer’s responsibility to ensure that no protected species are harmed as a result of the development. Should any protected species be encountered during the development then it is advised that the developer inform Natural England immediately and seek all necessary licences.
3. Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Council’s Building Control Team should be consulted before works commence. You contact the team directly at email@example.com
4. All works in the highway will require consent from Cumbria County Council under Section 278 of the Highways Act. The developer should require all necessary consent for such works directly from Cumbria County Council.