Planning application number: 20/0431
Site address: LAND BEHIND TANGLEWOOD HIGH STREET MORLAND PENRITH CA10 3AS
Description: Reserved Matters application for access, appearance, landscaping, layout and scale, attached to approval 16/0682.
Decision date: 11 December 2020
Decision type: Reserved Matters Approval
Temporary expiry date:
Decision level/committee: Delegated
Conditions / reason for refusal: The application is subject to existing associated Legal Agreement. That the application is granted subject to the following conditions : Time limit for commencement 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 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans: 2) The development hereby granted shall be carried out in accordance with the application form dated 1st July 2020 and the drawings hereby approved : i. Proposed Plans and Elevations, House Type 1, drawing Ref No ps 1299.03a 30-60-20 as dated received by the Local Planning Authority on the 1st July 2020. ii. Proposed Plans and Elevations, House Type 2, drawing Ref No ps 1299.04a 30-60-20 as dated received by the Local Planning Authority on the 1st July 2020. iii. Proposed Plans and Elevations, House Type 3, drawing Ref No ps 1299.03a 30-60-20 as dated received by the Local Planning Authority on the 1st July 2020. iv. Proposed Site Access drawing Ref No P002 30-60-20, as dated received by the Local Planning Authority on the 1st July 2020. v. Proposed Site Access drawing Ref No TR01 30-60-20, as dated received by the Local Planning Authority on the 1st July 2020. vi. Proposed Site Layout drawing Ref No ps 1299.01a 30-60-20, as dated received by the Local Planning Authority on the 1st July 2020. Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the development is commenced 3) Prior to the commencement of the development of any of the hereby approved dwellings, samples of external finishes for walls, roofs, windows, doors and hard surfaces shall be submitted to the Local Planning Authority for written approval. Once approved, these materials shall be utilised in the construction of the site. Reason - In the interests of the character and amenity of the area.

4) The Shared Access Way shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect full engineering details shall be submitted for approval before work commences on site and 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 regarded as complete. Reason -To ensure a minimum standard of construction in the interests of highway safety.

5) No dwelling shall be occupied until the vehicular access and parking requirements have been constructed in accordance with the approved plan and brought into use. These facilities shall be retained and capable of use at all times thereafter and shall not be removed or altered. Reason - To ensure a minimum standard of access provision when the development is brought into use.

6) The access and parking/turning requirements, shown on the Plan, shall be substantially met before any building work commences on site so that constructional traffic can park and turn clear of the highway. Once complete they shall be retained capable of use thereafter and shall not be altered. Reason - The carrying out of building works without the provision of these facilities is likely to lead to inconvenience and danger to road users. Retention of the facilities ensures an appropriate standard of parking and access for as long as the use continues.

7) The fencing/barrier (protecting the tree) will need to be installed prior to any construction activity and stay in place undisturbed until construction is completed, and will also need to be in accordance with the specification set out in BS5837 section 6.2.2. Reason - In the interests of protecting the sites amenity.

Note to developer : The reserved matter application is subject to associated outline approval, as granted under application Ref No 16/0682 and pre-existing Section 106 Legal Agreement requiring the payment of a commuted sum involving 12% of the GDV for the development sought and the Councilís reasonable costs being paid in relation to that Section 106 Agreement, and subject to the above conditions. This decision notice grants planning permission only. It does not override any existing legal agreement, covenant or ownership arrangement. It is the applicantís responsibility to ensure all necessary agreements are in place prior to the commencement of development. The applicant/developer should be aware of all extant conditions requiring formal approval attached to the outline planning permission ref. 16/0682 and that a subsequent application will need to be submitted to the Local Planning Authority to ensure that the requirements of all those conditions are met prior to either commencement of the development and/or prior to occupation of any subsequently constructed dwellings. Should any unexpected ground conditions, which could indicate the presence of land contamination (for example unusual colours, odours, liquids or waste materials) be encountered during the development, the Environmental Protection Team should be notified immediately. The level of cover to the water mains and sewers must not be compromised either during or after construction. Two 11Kv lines cross the proposed development area and a HV pole is located within the development with an associated pole mounted transformer and multiple LV cables which supply a number of properties in the local area. Such equipment may require diverting for the development to proceed which is usually at the cost of the applicant therefore it is recommended that Electricity North West diversions team are contacted to discuss the implications of this development. The applicant is advised that great care should be taken at all times to protect both the electrical apparatus on site and any personnel working in its vicinity. A separate metered supply to each unit will be required at the applicant's expense and all internal pipe work must comply with current water supply (water fittings) regulations 1999. The applicant/developer is advised that appropriate Flood Defence consent or permit should be secured for any proposed changes to watercourse for the discharge to Morland Beck.

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