Planning application number: 20/0538
Site address: LAND WEST OF GILLIANS WELL CALTHWAITE PENRITH
Description: Variation of condition 4 (plans compliance) to remove reference to indicative site sketch plan SK-100 Rev B, attached to approval 16/0968.
Decision date: 22 October 2020
Decision type: Full Approval
Temporary expiry date:
Decision level/committee: Committee
Conditions / reason for refusal: Time Limit for Commencement 1) The development permitted shall be begun before 1 May 2021 or before the expiration of two years from the date of approval of the last of 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 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 / the Business and Planning Act 2020 (which temporarily modifies the Town and Country Planning Act 1990 in recognition of the effect coronavirus has had on the planning system).

2) Application for approval of all reserved matters shall be made to the Local Planning Authority before 1 May 2021. Reason - In order to comply with the provisions of the Town and Country Planning Act 1990 / the Business and Planning Act 2020 (which temporarily modifies the Town and Country Planning Act 1990 in recognition of the effect coronavirus has had on the planning system).

3) Approval of the details of the scale, layout, and external appearance of the building(s), means of access thereto and the landscaping of the site (called 'the reserved matters') shall be obtained from 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.

4) Approved Plans The development hereby granted shall be carried out in accordance with the drawings hereby approved: Site Location Plan, drawing no. 001 Revision A received 22 September 2020. Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the development is commenced 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 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) No development shall commence until a construction surface water management plan has been agreed in writing with the local planning authority. Reason - To safeguard against flooding to surrounding sites and to safeguard against pollution of watercourses downstream of the site.

Pre-occupancy or other stage conditions 7) Construction works shall be carried out only between 0800 - 1800 hours Mondays -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. 8) 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: This application and site is subject to a legal agreement made under Section 106 of the Town and Country Planning Act 1990 dated 10 August 2017 and under application 16/0968 to ensure the provision of 30% affordable housing and a financial contribution of £76,000 to Cumbria County Council to be used to pay for the cost of additional school transport. The legal agreement attached to 16/0968 also applies to any subsequent or later related reserved matters permission or full planning permission including applications made under section 73 of the Act..

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