Allerdale Borough Council 2/2012/0311

Reference No: 2/2012/0311

Received: 30 April 2012

Proposed Development:

Residential development of 150 dwellings including 30 affordable dwellings, public open space & associated infrastucture. Re-submission of application ref 2/2011/0935

Location: Land Off Moor Road Stainburn Workington

Applicant: Miss Janet Carruthers Story Homes

Drawing Numbers: SH101_T0P0 - Topographic Layout 1 of 3 SH101__T0P0 - Topographic Layout 2 of 3 SH101_T0P0 - Topographic Layout 3 of 3 No001- Finished Floor Levels Sheet 1 of 3 No002- Finished Floor Levels sheet 2 of 3 No003 - Finished Floor Levels sheet 3 of 3 No004 - Site Sections sheet 1 of 2 No005- Site Sections sheet 2 of 2 206-STO-400 Site Sections 206-STO-100n- Site Layout Plan amended plan received 15 June 2012 206-STO-200L - Finishes and Boundary Treatment Plan 206-STO-300L- Colour Site Layout Plan amended plan received 15 June 2012 c-800-01 Rev A - Planting Proposals SL056.90.9.SL.SE - Site Layout Sections c-800-02 Rev A - Detailed Planting Proposals c-800-05 Rev A - Tree Protection Proposals BD-01 - Boundary Details BD-02 - Boundary Details BD-03 - Boundary Details BD-04 - Boundary Details ALD-PLE1 - Alder Elevations ALD-PLE2 - Alder Elevations 2 ALD-PLE3 - Alder Elevations 3 ALD-PLP1 - Alder Floor Plans ALD-PLP2 - Alder Floor Plans ASH-PLE1 - Ash Elevations 1 ASH-PLE2 - Ash Elevations 2 ASH-PLE3 - Ash Elevations 3

ASH-PLE4 - Ash Elevations 4 ASH-PLE5 - Ash Elevations 5 ASH-PLP1 - Ash Floor Plans1 ASH-PLP2 - Ash Floor Plans 2 ASP-PLE1 - Aspen Elevations 1 ASP-PLE2 - Aspen Elevations 2 ASP-PLP - Aspen Floor Plans B1-PLE1 - B1 Elevations 1 B1-PLE2 - B1 Elevations 2 B1-PLP1 - B1 Floor Plans B1-PLP2 - B1 Floor Plans B3-PLE - B3 Elevations B3-PLP - B3 Floor Plans BEE-PLE1 - Beech Elevations 1 BEE-PLE2 - Beech Elevations 2 BEE-PLP - Beech Floor Plans CED-PLE1 - Cedar Elevations 1 CED-PLE2 - Cedar Elevations 2 CED-PLP - Cedar Floor Plans CYP-PLE1 - Cypress Elevations1 CYP-PLE2 - Cypress Elevations2 CYP-PLP - Cypress Floor Plans ELD-PLE - Elder Elevations ELD-PLP - Elder Floor Plans HOR-PLE1 - Hornbeam Elevations 1 HOR-PLE2 - Hornbeam Elevations 2 HOR-PLP - Hornbeam Floor Plans JUN-PLE1 - Juniper Elevations 1 JUN-PLE2 - Juniper Elevations 2 JUN-PLE3 - Juniper Elevations 3 JUN-PLE4 - Juniper Elevations 4 JUN-PLP1 - Juniper Floor Plans 1 JUN-PLP2 - Juniper Floor Plans 2 OSI-PLE1 - Osier Elevations 1 OSI-PLE2 - Osier Elevations 2 OSI-PLE3 - Osier Elevations 3 OSI-PLP1 - Osier Floor Plans 1 OSI-PLP2 - Osier Floor Plans 2 WIL-PLE1 - Willow Elevations 1 WIL-PLE2 - Willow Elevations 2 WIL-PLP - Willow Floor Plans SG-EPS1 - Single Garage DGS-EPS - Double Garage SL056.90.9.SL.PP Rev A Phasing Plan amended plan received 15 June 2012 SL056.90.9.SL.LOC Rev A- Site Location Plan amended plan received 15 June 2012 Rendered 3D Pictorial Views A,B and C Flood Risk and Surface Water Drainage Assessment Acoustic Report

Extended Phase 1 Habitat Survey August 2011 Red Squirrel Desk Study with Consideration to Bats January 2012 Supporting Information: Archaeological Desk-Based Assessment and Geographical Survey Statement of Community involvement Initial Development Concept Drawing Aboricultural Impact Assessment of Trees Appendix 2 Ecological Assessment Design and Access Statement Transport Assessment SH101_TOPO Topographic Survey Sheet 1 of 3 SH101_TOPO Topographic Survey Sheet 2 of 3 SH101_TOPO Topographic Survey Sheet 3 of 3 Brownfield Sequential Statement Planning Statement Transport Assessment Phase 1 Geographical Ground Investigation

Constraints:

Settlement Limit HS5 43, Housing Land Availability ., Housing Commitment Policy HS2 CZ1-CZ6 British Coal Area Adv Control Exclusion - Workington

Policies: National Planning Policy Framework (NPPF) The National Planning Policy Framework was published in March 2012 and the guidance must now be afforded significant weight. Allerdale Local Plan, Adopted 1999 (Saved) Policy TR11 - Provision for cyclists Policy TR13 - Provision for pedestrians Policy L1 - Provision of open space in housing development Policy EN1 - Minimising Travel Policy EN3 - Landscaping Policy EN4 - Tree & Hedgerow Preservation Orders Policy EN11 - Conservation of Water Resources Policy EN18 - Control of light pollution Policy EN25 - Protecting the open countryside Policy EN32 - Protecting wildlife protected by law Policy EN37 - Protection of open land in urban areas Policy EN39 - Access for the disabled Policy CO22 - Protection of archaeological remains Allerdale Local Plan, First Alteration June 2006 (Saved)

Policy HS4 – New Housing in Open Countryside Policy HS7 - Housing development on unallocated sites Policy HS8 - Housing design Policy HS9 - Infrastructure requirements for housing Policy HS14 - Affordable/local needs housing on large sites Policy HS15 - Affordable/local needs housing outside settlements Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved) Policy ST4 - Major development proposals Policy ST5 - New development and key service centres outside the Lake District National Park. Policy H19 - Affordable housing outside the Lake District National Park Policy T30 - Transport assessments Policy E35 - Areas and features of nature conservation interests other than those of national and international conservation importance Policy E38 - Historic environment North West of England Plan Regional Spatial Strategy to 2021 From a strategic point of view, the North West of England Regional Spatial Strategy is still currently part of the development plan and is a material planning consideration, although the Government has made clear their intentions that they may abolish at some point Regional Spatial Strategies and Saved Structure Plan Policies, following the enactment of the Localism Act 2011. The Cumbria Community Strategy 2008–2028 Prepared by the Cumbria Strategic Partnership this strategy aims to create: safe; strong and inclusive communities; health and well being throughout life; a sustainable and prosperous economy; effective connections between people and places; and a world class environmental quality. The Community Strategy seeks to energise the county’s communities, health, economy, connections and environment over the next 10-20 years. It brings together aspirations and ambitions from a range of thematic and geographic strategies. The Cumbria Strategic Partnership Sub-Regional Spatial Strategy (SRSpS) This document sets out the spatial framework. This enables actions that affect specific areas and locations to serve the delivery of the Community Strategy, and it provides the sub-regional spatial framework for the preparation of Local

Development Frameworks in Cumbria.

Relevant Planning History:

Resubmission of planning application 2/2011/0935

Representations: Workington Town Council - Objection. The introduction of 150 homes will adversely affect the traffic flow and the access and egress from the site in an already busy area and is built on a green field site when there are brown field sites available in the area. Cumbria County Council Planning - The scheme has been considered at the 19 June 2012 Cumbria County Council Development Control and Regulation Committee (DC&R). No objection is raised to the strategic principles of the development, provided that the Local Planning Authority: i. is satisfied that that there are no sequentially preferable brownfield sites elsewhere in Workington that could be used as an alternative development site; ii. ensures that a detailed ecological assessment is carried out prior to determination; iii. is satisfied that the development reflects and protects the character of the site and its surroundings and that the density and siting of any houses is appropriate to the location; and iv. is satisfied with the type and level of affordable housing proposed; v. ensures that no development commences on the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority as set out in Annex C Cumbria Highways – The Transport Assessment including accidents statements are acceptable. No objection subject to planning conditions and the applicant entering into a planning obligation to secure various highway requirements. Highways Agency – No objections. Environment Agency - .The Flood Risk Assessment states that the surface water arising from the proposed development will discharge into an existing United Utilities surface water sewer. Approval from the Environment Agency for surface water discharge rates to the United Utilities public surface water sewer is not required. United Utilities - No objections to foul drainage being connected into the foul mains sewerage system. No objections to highway drainage and surface water from the site being discharged into the mains surface water sewerage system. The total discharge rate

(both surface water and highway drainage) is limited to 32.5 l/s. Natural England - No objection. The Local Planning Authority should consider the impact of the development on protected species. The Phase 1 Habitat survey report suggests that there will be no impact on biodiversity and the reports make recommendations in relation to bats and breeding birds. The report recommends that hedgerows shall be left in situ and the design should include the additional planting of trees. The application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. Cumbria Wildlife Trust - No representations received. Fire Officer - No objections. The Coal Authority - The site does not fall within the defined Coal Mining Development Referral Area. The application is located instead within the defined Standing Advice Area. County Archaeologist - No objection subject to planning condition to ensure an archaeological evaluation and a scheme of archaeological recording commissioned and undertaken at the expense of the developer. Rights of Way Officer - No objections, footpath 205013 runs to the east of the site and must not be obstructed or altered in any way by the development. Cumbria Constabulary – Previous concerns relating to highway safety have been addressed with the submission of indicative details showing a pavement at the Briery and further traffic calming measures on Moor Road to include indicative details of a pavement, and Village Gateway feature. These measures can be secured via a planning obligation (section 106 legal agreement). Allerdale Housing Needs Team - The most recent Workington Survey was carried out in April 2012. Housing Officers however acknowledge that given the scheme is a resubmission of a previous scheme 2/2011/0935 refers that it is reasonable that the affordable housing scheme be considered against the findings of the previous parish survey carried out was in 2008. This highlighted a need for two and three bedroom houses in Workington. The affordable housing provided would need a split of 84% rental and 16% low cost home ownership. The phasing of the development with regard to affordable homes is satisfactory.

Allerdale BC Drainage Officer – The response relating to the previous planning application 2/2011/0935 set out concern about localised flooding. The site drains to a culvert / field drain in the back garden of properties on Caldbeck Drive/ Linden Walk. Clarification is required on the effect of the development on existing field drains in the locality also including drains from a higher field adjacent to the site. Environmental Protection - no objections subject to planning conditions. A desk study was submitted with the application which did not identify any potential risks associated with former historical uses, either on-site or within 250m. EP is therefore satisfied that no site investigation is required for contaminated land purposes. No objections to noise survey report subject to planning conditions. The application has been advertised on the site and within the local press. Adjoining owners have been notified. 90 letters/emails of objection have been received to date addressing the following concerns:

• Highway safety on Moor Road due to increased traffic volumes

• Insufficient capacity of sewerage system

• Lack of facilities

• Nothing changed in resubmission and the original scheme was refused

• Flooding concerns

• Greenfield site outside settlement boundary

• Brownfield sites are available

• Not a sustainable site

• Linden Walk access private land

• The scheme will depress the existing housing market

• Loss of wildlife, flora and fauna in particular bats and red squirrels

• Only an occasional bus service

• Concern over the affordable housing element

• Premature development

• Exisiting houses will be devalued

• Too far to walk to schools

• Stainburn Road will have extra traffic from the Great Clifton development

• 25% increase in the size of the village A further petition has been received with 184 objectors setting out concerns over:

• The present sewerage system needs upgraded

• Concerns over rain water drainage

• Moor Road needs updated and improved

Report Proposal Planning permission is sought for a residential development of 150 dwellings including 30 affordable dwellings, public open space and associated infrastructure. This scheme is a resubmission of a planning application 2/2011/0935 that was refused at Development Panel in March 2012. Members will recall the decision to refuse planning permission was contrary to officer recommendation. The reasons for refusal were as follows: 1.The Local Planning Authority consider the proposed development represents inappropriate development of a greenfield site outside the designated development limit for Workington contrary to saved Policies HS4 Allerdale Local Plan (First Alteration) 2006 and saved Policy EN25 of the Allerdale Local Plan. 2. Having regard to the scale of the development proposed, the Local planning Authority consider the development to be premature in advance of proper consideration through the Local Development Planning process, to determine the scale, location and timing of development required to provide a suitable and sustainable long term housing supply for Workington. 3. The Local Planning Authority consider the level of vehicular traffic generated by the proposed development would adversely impact on highway safety on the local highway network and in particular the north-western end of Moor Road, at and on the approaches to the junction with the C2069 Stainburn Road. This refusal of planning permission is now the subject of an appeal currently scheduled to be heard at a Public Inquiry in September 2012. Site Characteristics The 5.78 ha. site is located approximately 1.6km east of Workington town centre, and to the south east of Stainburn and is adjacent to, but outside the settlement boundary of Stainburn. Stainburn is included within the development area of Workington. The site is a largely level field of semi improved grassland pasture comprising no real landscape features of note. This green field site is currently used for agricultural grazing.

The north eastern boundary of the site is Moor Road, which joins onto Stainburn Road (the former A66T). The site is also bounded to the south by the embankment for the Stainburn by-pass (the new A66T). The site is bound on the north west and north east by housing estates. To the south east is a field that slopes into the site and provides stabling and grazing for horses. The site is bound by existing hedgerows which the applicant intends to retain in the main and these are considered to be the sites most valuable landscape asset. To the south and west, the predominant backdrop to the site is a relatively immature broad leaved woodland plantation located on an embankment down onto the A66. The tree belt was planted around 10 years ago as part of the landscape scheme associated with the construction of the Stainburn and Great Clifton Bypass. Consideration of Planning Issues The current planning application raised a number of issues which are addressed below however before considering these issues it is important to highlight a significant change in planning policy that has taken place since in the consideration of the previous application at this site as a result of the publication of the National Planning Policy Framework (NPPF). In addition although the application, as initially submitted, was identical to that previously refused planning permission subsequent discussions with the applicant has resulted in some amendments to the scheme which seek to address the previous reasons from refusal and some of the concerns of local residents. These amendments are:

• Provision of additional highway safety improvements on Moor Road, to include additional pavements, chicanes, a Village Gateway feature, and an extension to the 30mph limit;

• Removal of the pedestrian access from the proposed residential site onto Linden Walk;

National Planning Policy Framework (NPPF) The previous planning application 2/2011/0935 was considered having regard to the provisions of the saved Allerdale Local Plan policies, the Cumbria and Lake District Joint Structure Plan as well as appropriate national Planning Policy Statements. The Planning Policy Statements have now been replaced by the planning guidance within the National Planning Policy Framework

(NPPF), published March 2012. The NPPF advises the purpose of the planning system is to contribute to the achievement of sustainable development which has 3 dimensions. “These dimensions give rise to the need for the planning system to perform a number of roles:

• ‘an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;

• a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and

• an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy”.

The NPPF does not change the statutory status of the development plan as the starting point for decision making. Proposed development that accords with an up-to-date Local Plan should be approved, and proposed development that conflicts, should be refused unless other material considerations indicate otherwise. The NPPF does however provide considerable emphasis in the need to have an up-to-date plan in place and the weight that should be given to out-of-date plans. At the heart of the NPPF is a presumption in favour of sustainable development. When considering planning applications this means: “where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless:

- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole: or

- specific policies in this Framework indicate development should be restricted”.

Five Year land Supply A key objective of the NPPF is to deliver a wide choice of high quality homes. Local planning authorities re required to identify a supply of specific deliverable sites sufficient to provide five years supply of housing against the identified housing requirement. Where there is a record of under delivery of housing, LPA’s need to provide a buffer of an additional 20% to provide a realistic prospect of achieving the planning supply and to ensure choice and competition in the market for land. Notwithstanding recent planning permissions (including the recent appeal decision relating to ‘The Fitz’ at Cockermouth) Allerdale does not have a 5 year supply of housing land. This is based on the requirements of Policy L4 of the North West of England Plan Regional Spatial Strategy to 2021 (RSS) which, at present, remains part of the Development Plan. Based on past delivery rates it is also necessary to take into account the need to provide an additional buffer of 20% as required by the NPPF. Principle of Development The previous refusal of planning permission relied heavily on Policy HS4 of the Allerdale Local Plan (First Alteration) which restricts development outside the defined development limits. Whilst it is acknowledged the application site is outside the development limits for Workington as currently defined, in the absence of a five year land supply and having regard to the provision of the NPPF, Policy HS4 cannot now be relied on to resist applications for residential development outside defined development limits. This was confirmed by the Inspector in the recent ‘Fitz’ appeal decision at Cockermouth. It is therefore necessary to consider whether the proposal represents an appropriate and sustainable form of development. Stainburn forms part of Workington which is the Main Service Centre for the Allerdale BC area. The Cumbria and Lake District Joint Structure Plan 2001- 2016 also defines Workington as as a ‘Key Service Centre’ in the saved and extended JSP Policy ST5. Whilst the site is outside the current development limits it is considered that as the site is adjacent to existing housing development and by the A66 Stainburn bypass it is considered by officer to represent a logical extension of development at Stainburn that would not adversely impact on the character of the wider landscape.

It is therefore considered the proposals does not give rise to any fundamental conflict with the provisions of Local Plan Policy EN25 which seeks to safeguard against development that results in unacceptable harm to the landscape. Likewise the proposal is not considered to be at odds with the NPPF which seeks recognition for the intrinsic character and beauty of the countryside. Consideration of Alternative Sites The application site lies outside the settlement boundary, and is undeveloped, or ‘greenfield’ land. Saved policy HS7 of the Allerdale Local Plan, First Alteration June 2006 seeks the sequential release of housing land, and will seek the development of appropriate previously developed land before approving the development of greenfield sites. The applicants has provided a ‘brownfield sequential assessment’ considering alternative sites however as discussed above the NPPF makes it clear “relevant policies for the supply of housing should not be considered up-to-date if the local planning authority if the local planning authority cannot demonstrate a five year supply of deliverable housing sites” Given the current lack of a five year land supply the presumption in favour of sustainable development must apply and policy HS7 cannot therefore be relied on to resist the development of ‘greenfield’ sites in favour of previously developed land. The development of this site must therefore be considered on its own merits having regard to the presumption in favour of sustainable development. Prematurity In taking the decision of refuse the previous planning application at this site Members considered development to be premature in advance of the ‘proper consideration of the development through the Local Development Framework process, to determine the scale, location and timing of development required to provide a suitable and sustainable long term housing supply for Workington’. The question of ‘prematurity’ was addressed by the Inspector in relation to the recent ‘Fitz’ appeal decision at Cockermouth. In her decision letter the Inspector stated: ‘Whilst it is the Council’s position, which is supported by other objections, that the proposed development would undermine the development plan process, the Local Development Framework (LDF) has not even reached draft stage, so there is no plan to be undermined and thus the approach in paragraph 216 of the Framework is not engaged. The Planning System: General Principles sets out a similar approach. Clearly, allowing such a

development would, if implemented, have an impact on the spatial distribution of housing. However, the Framework establishes, at paragraph 14, the approach to take where existing plans are out-of-date as already set out above. In this case, the Council’s approach of putting everything on hold until some undetermined future date is undermining the achievement of housing provision for which there is a well established need’N.. Although the Council are now consulting on the ’preferred options’ for the Local Plan Core Strategy the draft plan has not yet been submitted to the Secretary of State and the ‘preferred options’ can be given very little, if any, weight in the consideration of planning applications. In view of the Inspectors conclusions detailed above it is considered a reasons for refusal on the grounds of prematurity cannot be sustained.

Design, Layout and Materials The report now addresses planning matters relating to the housing proposal itself. The design, layout, materials and public open space and play areas of the development are identical that proposed in 2/2011/0935 and provides a scheme of 150 homes of mixed house types. The current scheme is an almost identical to the previous scheme. The only layout change is the removal of the pedestrian link onto Linden Walk which seeks to address concerns raised by local residents. Local Plan 1st Alt saved Policy HS8 seeks that new development is well related to existing development. The matters to which attention is specifically drawn relate to building lines, materials, form and massing, roof pitches, fenestration, spaces between buildings, children’s play space and density. The proposed housing layout, house designs and public open space and play area details are considered to be satisfactory. The site is considered to be within a sustainable location and the layout proposed is considered to develop the site efficiently. The proposed layout achieves appropriate separation distances to existing properties and the scheme is considered to be well related to existing development and the site, provides satisfactory accessibility and connectivity and as such the proposal is deemed to accord with the approach towards promoting sustainable development set out in the Framework. It is concluded that sustainability objectives would not be undermined by the development of housing in this location. Housing Type and Tenure The house type and tenure is the same as in the previous application 2/2011/0935 refers. The proposed scheme comprises

a development of predominantly family homes (3 and 4 bedroom homes approximately 85% of the mix). Remaining dwellings include smaller 2 bedroom homes and a small number of bungalows. Affordable Housing Allerdale BC’s Housing Services Team has confirmed that a Parish Survey conducted in 2008 highlighted a need for affordable two and three bedroom houses in Workington and therefore the scheme proposed is considered to be acceptable. It is also stated that any affordable housing provided should be split 84% Social Rented Housing, and 16% Low Cost Home Ownership. It is therefore considered that the amount and specific type of affordable housing is appropriate and in accordance with the identified housing needs of the area. Although the scheme has been designed with regard to the 2008 survey, a more recent survey has been undertaken in 2012. Nevertheless it is considered reasonable that the scheme at this stage is considered under the provision of housing need from the 2008 survey. Landscaping A landscaping scheme is provided throughout the site, whereby existing hedgerows will de reinforced with structural planting and tree and shrub planting provided throughout the public space areas and within housing areas. Hedgerows There are three hedgerows on the site and these will be retained as per planning application 2/2011/0935. It is intended to retain the majority of the existing hedgerows and incorporate additional planting where appropriate. It is considered the retention of the majority of the hedgerows will safeguard the ecology value and landscape features. Nature Conservation and Biodiversity The existing site is managed principally as agricultural grazing with the notable featured being hedgerow. The submitted Phase 1 Habitat survey and the additional Red Squirrel Desk Study and establishes: Great crested newts – Unlikely to be foraging on the proposed development site due to lack of habitat connectivity but would be preferentially foraging on the suitable habitat (grassland and woodland) which surrounds a pond 500 metres from the site on the south side of the A66.

Birds – Due to the presence of hedgerows and other vegetation on the site, nesting birds could present a constraint to any vegetation clearance undertaken during the nesting bird season. Vegetation would need to be removed outside these months. If vegetation was required to be removed during the nesting season, it should first be surveyed by a suitably experienced ecologist. Bats – Due to the lack of man made structures on the site and the negligible bat roost potential of the trees adjacent to the site, roosting bats are thought not to be present on the site. In terms of foraging and commuting bats, where practicable bats will be left in situ and the design and layout of the site includes additional planting of trees and hedgerows. Lighting design for the site should be designed so as it does not light linear features such as hedgerows and woodland edge. Lighting used where possible should be directional and angled toward the ground. Red Squirrels – Are most likely to be resident within the ancient and semi natural woodland pockets but are radiating out occasionally to forage in residential gardens, especially if bird feeders are present. A field survey undertaken in 2011 showed that there are no trees present within the red line boundary of the site. The majority of the site is composed of semi-improved grassland. At the time of the field survey there was no evidence or sightings of squirrels made either within the site boundary or within the woodland strip to the south of the site. It is possible that the observed squirrel at Moorlands Drive photographed by a resident (see application 2/2011/0935) utilises either the existing hedgerows or the southern tree line adjacent to the development as a corridor for movement. A planning condition could secure mitigation for protected species in accordance with the recommendations set out in the Red Squirrel Desk Study with Consideration to Bats report (4.1 Best Practice Working Methods and 6. Bats in Stainburn) and the Extended Phase 1 Habitat Survey (6. Summary of Recommendations). It is Officer’s opinion that matters with regard to the protection of species protected by law has been suitably addressed in submitted documents. Historic Environment Issues The site lies in an area of some archaeological potential. It is located within the Derwent Valley which has been the focus of prehistoric, Roman and medieval activity along its course. The applicants have commissioned an archaeological desk-based assessment and geophysical survey, which have identified some features of possible archaeological interest surviving within the site. These features would be disturbed by the proposed development. Consequently, it is recommended that an

archaeological evaluation and, where necessary, a scheme of archaeological recording of the site be undertaken in advance of development. Highways The scheme is accessed off Moor road and the majority of the development is served by two main vehicular accesses and there are two further accesses off Moor Road to serve separate cul-de -sacs. Two car parking spaces are provided per dwelling with additional visitor parking also provided. The visibility splays associated with the accesses off Moor Road are considered to be acceptable. As part of the scheme, pedestrian and cycle links will be provided from Moor Road. The closest existing bus stop is located adjacent at the Stainburn - Moor Road junction and is approximately 650 metres walk from the centre of the site. The stops are served by services linking Stainburn to Workington and Cockermouth. The scheme provides a layout that accommodates a bus route. There is local concern over the capacity of Moor Road due to its width and the fact that cars park on it and it serves existing driveways. Furthermore the junction at the Briery is considered to be poor and there is a lack of footpaths near it and if there are more vehicle movements from the housing development this would adversely affect pedestrian safety. It is the view of Cumbria Highways that the scheme will not adversely affect the existing road infrastructure or cause highway safety issues subject to various planning conditions and highway improvements with funding to be secured by planning obligation for these improvements. These would include:

• A new footpath near the junction of the Briery, at the north western end of Moor Road. The financial contribution would be approximately £17,000.

• An extension of the 30mph zone. The financial contribution would be approximately £6,000 for the Traffic Regulation Order.

• Chicanes

• Footways on Moor Road, approximately £39,000.

• Improved signage. The financial contribution would be approximately £7,000 for a village gateway sign.

• Cumbria Highways also seek to secure a bus service through the site through a financial contribution (£17,024 for a community transport scheme).

• A grit bin (and the filling of the bin) at the junction of Moor Road and Stainburn Road. The contribution for the grit bin to be

received prior to any works starting on site. (Approximately £3,000). It is the view of planning officers that the requirement for a grit bin is an unreasonable request and does not comply with the criteria set out in ODPM Circular 05/2005 Planning Obligations, given Moor Road is an existing adopted highway.

Planning Obligations must be; relevant to planning, necessary to make the proposed development acceptable in planning terms, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development, and reasonable in all other respects. Travel Plan Cumbria Highways consider that the Interim Travel Plan is acceptable and meets the requirements set out in the saved Joint Structure Plan Policy T31. A Travel Plan is a “living document” that needs to be updated, amended, approved and monitored throughout the life of the development. There are administration cost implications for the County Council as the Local Highway Authority relating to elements such as reviewing the implementation and management of the Travel Plan, providing advice on its monitoring or future review. The cost to a developer for this input from the County Council’s Travel Plan Coordinator will be a contribution of £6,600 to cover the 5 year period of the travel plan. A Travel Bond to secure the Travel Plan arrangements is also required Transport Assessment The Transport Assessment including accident statistics are deemed to be acceptable. It is considered that the control of speeds on Moor Road is vitally important to ensure the safety of highway users and this can be achieved with the traffic calming features secured by planning obligation outlined above. Foul Sewage Disposal Foul sewage will be disposed of to the mains sewerage system. United Utilities have accepted this proposal. Surface Water Disposal Land off Moor Road is located outside the flood risk zones in Stainburn, however there is local concern over localised flooding. It has been confirmed that both surface water and highway surface water will discharge to the mains surface water sewerage system but at an attenuated rate of 32l/s. The applicant has set out that the surface water run off will be managed through a sustainable urban drainage scheme (SUDS), including the use of underground

SuDS storage attenuation tanks in the ‘Southern Meadow’ area. It is intended that this will release surface water flows at no greater than the equivalent green field run off. United Utilities have confirmed that they will accept surface water and highway drainage flows into the main surface water sewer given the existing ground is of a clay bound nature and discharging to the ground is not possible, furthermore there is no watercourse present within the site. A number of objectors expressed concern regarding existing flooding on the site and adjacent to it on Moorlands Drive and Linden Walk. The applicant has set out that once the site is built out, the surface water run off will be replaced by the surface water from the highway, drives and roofs. The proposed surface water drainage infrastructure catchment will convey this water to an agreed United Utilities connection point. The flow rate will be controlled and attenuated in accordance with the details agreed with United Utilities. The applicant has set out that the existing land drainage in the adjacent field to the south west of the site will be picked up at the site boundary and diverted around the site into the adjacent ditch network. Surface water drainage details can be secured by condition and on this basis the proposal is considered to be acceptable in relation to local and national policy. Local Facilities The nearest primary schools to this development are Ashfield Infant School and Ashfield Junior School. Ashfield Junior School has a Published Admission Number (PAN) of 70 pupils, and so it should be able to accommodate the extra children arising from the proposed development. Previous application 2/2011/0935 set out that Ashfield Infant School has limited spaces; it is likely that the County Council would not be able to accommodate the full pupil yield within this school. However, the shortage of places amounts to approximately 1 or 2 children per cohort, and therefore it is not practical to expand the school to accommodate them. Once this school is at capacity, the next nearest school beyond that with places is St. Michael's school. This school is estimated to be less than 2 miles from the development, and therefore it is not considered appropriate to seek a contribution for school transport or build cost in this case. It is however important to note that any further development in the area would create a need for additional school capacity and in those circumstances a possible developer

contribution may be sought. No developer contribution has been requested for this application from Cumbria County Council. In response to objector concerns about lack of local facilities it is noted that the site is only 1.6km from Workington Town Centre and is within walking distance of Stainburn Secondary School, the Briery Public House and the BP petrol station and Spa Convenience store. It is acknowledged that the site is similar or closer to the town centre than other nearby housing estates off Moor Road. With regard to the proposal site it is noted that the site is not within walking distance of a primary school (but is in walking distance of Stainburn Secondary School and the various community activities that take place there, such as dance classes) . The proposal site is not closely sited to a doctor’s surgery but is within walking distance of a shop and the proposal site does provide improved pedestrian routes to local bus stops. A Community Transport Scheme is to be provided with a proposed bus stop to be located at the Central Square area. A children’s play area is to be provided which is central to the scheme and this will help to provide a community focal point that will be accessible to families also within the wider locality. It is noted that Stainburn does not have equipped children’s play area but does have a skate board park sited close to Stainburn School. With all matters considered it is Officer opinion that the scheme seeks to promote sustainable development objectives as set out in the NPPF, particularly as the site is adjacent to existing housing estates and the A66 Trunk Road by pass, therefore the site is considered to provide ‘rounding off’ development at Stainburn, rather than development in the open countryside. Other Issues

Neighbour concerns relating to noise and disturbance during the construction phase can be appropriately dealt with by a condition securing construction management procedures.

Neighbour concerns relating to house values and loss of view are not a material planning consideration.

With regard to overlooking, loss of view and overshadowing, it is officer opinion that the scheme is designed with acceptable separation distances to accommodate the amenity of existing and possible future residents. The pedestrian link onto Linden walk has been removed from the scheme following concerns over land ownership Local Financial Implications

The Localism Act provides that local financial considerations may be a material consideration to a planning application. Where financial matters are considered, it is necessary to clarify how financial considerations have impacted on the decision, and why. For this proposal, there are indirect financial implications relating to the highway works and facilities. The highway authority will benefit from the commuted sum requested to meet their respective regulation requirements to carryout traffic calming and footpath improvements. Furthermore the provision of the commuted payment to provide a community bus service for 5 years will have a benefit for the wider community. The provision of the public open space and local equipped area for play will have a wider benefit for the community. The provision of 30 affordable homes will provide a benefit to the occupiers of the estate as well as the wider Workington area community. Were the application to be approved and the dwellings occupied, the development would also attract ‘New Homes Bonus’, where the government will make a payment to the Council to the same value as the council tax raised for net additional new homes and empty properties brought back into use, (with an additional amount for affordable homes), for the following six years, however this has been accorded little weight in assessing the merits of this proposal. Conclusion Although this scheme is an almost identical resubmission of an application previously refused planning permission by the Development Panel it is important to take into account material changes in circumstances since that decision and in particular the publication of the National Planning Policy Framework. The proposed housing site is outside the Stainburn settlement boundary however having regard to the NPPF, Policy HS4 of the Allerdale Local Plan First Alteration June 2006, which seeks to limit development outside development limits, cannot be relied on in the absence of a five year (+ 20%) supply of housing land . The NPPF promotes the delivery of a sustainable housing development. Although this is a greenfield site, it is considered to be well related to it, with sufficient infrastructure and facilities existing in the locality and proposed as part of the scheme. Furthermore, Stainburn forms part of Workington which is defined as the ‘Main Settlement’ in the Allerdale Local Plan 1999 saved

and a ‘Key Service Centre’ in the Cumbria and Lake District Joint Structure Plan 2001-2016 saved. The site is in walking distance of Stainburn secondary school, a shop/garage, and bus routes. The scheme also provides enhanced community provision to include a play area, public open space and a community transport scheme and these facilities promote the sustainability of the site. The site is also well related to employment areas with good links to strategic highway networks. It is officers opinion that the development reflects and protects the character of the site and its surroundings, and that the density, siting, materials and design of the proposed houses is appropriate to the location. The highway safety issues relating to Moor Road which were a factor in the previous refusal of planning permission have been addressed in this application with an enhanced package of highway safety improvement provided on Moor Road with commuted payments to be secured through a Section 106 from the applicant. Cumbria Highways and Cumbria Constabulary both now consider the proposed highway safety measures proposed for Moor Road as acceptable. Planning matters relating to ecology, archaeology and foul and surface water disposal have been satisfactorily addressed. A strategic housing development of this scale is considered to be appropriate to Workington and for the reasons outlined above, the proposed housing development on this site subject to planning conditions and planning obligations to secure financial contributions to provide highway improvements, a Travel Plan, open space and play provision and affordable housing units, is considered to be acceptable The development of the site would contribute to the ongoing sustainability of Workington as the major settlement within the Allerdale BC plan area.

Recommendation:

Approved, subject to the signing of a section 106 legal agreement addressing affordable housing, highway matters, including a local bus service, and maintenance for play provision/ unadopted areas of open space.

Conditions/ Reasons:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out

in accordance with the following plans: No001- Finished Floor Levels Sheet 1 of 3 No002- Finished Floor Levels sheet 2 of 3 No003 - Finished Floor Levels sheet 3 of 3 No004 - Site Sections sheet 1 of 2 No005- Site Sections sheet 2 of 2 206-STO-400 Site Sections 206-STO-100n- Site Layout Plan amended plan received 15 June 2012 206-STO-200L - Finishes and Boundary Treatment Plan 206-STO-300L- Colour Site Layout Plan amended plan received 15 June 2012 c-800-01 Rev A - Planting Proposals SL056.90.9.SL.SE - Site Layout Sections c-800-02 Rev A - Detailed Planting Proposals c-800-05 Rev A - Tree Protection Proposals BD-01 - Boundary Details BD-02 - Boundary Details BD-03 - Boundary Details BD-04 - Boundary Details ALD-PLE1 - Alder Elevations ALD-PLE2 - Alder Elevations 2 ALD-PLE3 - Alder Elevations 3 ALD-PLP1 - Alder Floor Plans ALD-PLP2 - Alder Floor Plans ASH-PLE1 - Ash Elevations 1 ASH-PLE2 - Ash Elevations 2 ASH-PLE3 - Ash Elevations 3 ASH-PLE4 - Ash Elevations 4 ASH-PLE5 - Ash Elevations 5 ASH-PLP1 - Ash Floor Plans1 ASH-PLP2 - Ash Floor Plans 2 ASP-PLE1 - Aspen Elevations 1 ASP-PLE2 - Aspen Elevations 2 ASP-PLP - Aspen Floor Plans B1-PLE1 - B1 Elevations 1 B1-PLE2 - B1 Elevations 2 B1-PLP1 - B1 Floor Plans B1-PLP2 - B1 Floor Plans B3-PLE - B3 Elevations B3-PLP - B3 Floor Plans BEE-PLE1 - Beech Elevations 1 BEE-PLE2 - Beech Elevations 2 BEE-PLP - Beech Floor Plans CED-PLE1 - Cedar Elevations 1 CED-PLE2 - Cedar Elevations 2 CED-PLP - Cedar Floor Plans CYP-PLE1 - Cypress Elevations1

CYP-PLE2 - Cypress Elevations2 CYP-PLP - Cypress Floor Plans ELD-PLE - Elder Elevations ELD-PLP - Elder Floor Plans HOR-PLE1 - Hornbeam Elevations 1 HOR-PLE2 - Hornbeam Elevations 2 HOR-PLP - Hornbeam Floor Plans JUN-PLE1 - Juniper Elevations 1 JUN-PLE2 - Juniper Elevations 2 JUN-PLE3 - Juniper Elevations 3 JUN-PLE4 - Juniper Elevations 4 JUN-PLP1 - Juniper Floor Plans 1 JUN-PLP2 - Juniper Floor Plans 2 OSI-PLE1 - Osier Elevations 1 OSI-PLE2 - Osier Elevations 2 OSI-PLE3 - Osier Elevations 3 OSI-PLP1 - Osier Floor Plans 1 OSI-PLP2 - Osier Floor Plans 2 WIL-PLE1 - Willow Elevations 1 WIL-PLE2 - Willow Elevations 2 WIL-PLP - Willow Floor Plans SG-EPS1 - Single Garage DGS-EPS - Double Garage SL056.90.9.SL.PP Rev A Phasing Plan amended plan received 15 June 2012 SL056.90.9.SL.LOC Rev A- Site Location Plan amended plan received 15 June 2012 Rendered 3D Pictorial Views A,B and C Flood Risk and Surface Water Drainage Assessment Accoustic Report Extended Phase 1 Habitat Survey August 2011 Red Squirrel desk Study with Consideration to Bats January 2012 Reason: In order to ensure a satisfactory standard of development.

3. The phasing of the development shall be carried out in

accordance with drawing number SL056.90.9.SL.PP Rev A Site Layout Phasing Plan received 15 June 2012. Reason: To ensure a statisfactory standard of housing development in accordance with saved policy HS8 of the Allerdale Local Plan First Alteration June 2006 and saved Policy HS14 of the Allerdale Local Plan.

4. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. This written scheme will

include the following components: i) An archaeological evaluation; And where the results of the archaeological evaluation make it appropriate: ii) An archaeological recording programme; iii) A post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Planning Authority, completion of an archive report, and publication of the results in a suitable journal . Reason: To afford reasonable opportunity for the examination and recording of the remains of archaeological interest that survive on the site in accordance with Saved Policy CO22 of the Allerdale Local Plan 1999.

5. Before development commences details of a footway fronting the entire frontage of the development onto Moor Road, linking to the existing footway on Moor Road and a new pedestrian crossing point to the northern side of Moor Road shall be designed and constructed to a standard suitable for adoption and shall be submitted to and agreed in writing by the Local Planning Authority. The approved footway and pedestrian crossing shall be installed prior to the occupation of the first dwelling. Reason: In the interests of highway safety.

6. 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 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.

7. The development shall not commence until visibility splays providing clear visibility of 2.4 metres by 90 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted

to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded. Reason: In the interests of highway safety.

8. No dwellings shall be occupied until the estate road including footways and cycleways 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 interests of highway safety.

9. Before development commences details of each of the private access areas off Moor Road bounded by the carriageway edge, entrance gates and the splays shall be submitted to and agreed in writing by the Local Planning Authority and shall be constructed in accordance with the approved scheme prior to the occupation of the first dwelling off the private access drives and the approved scheme shall be maintained thereafter to the satisfaction of the Local Planning Authority. Reason: In the interests of road safety.

10. Before development commences, a plan shall be submitted for each phase for the prior approval of the Local Planning Authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works. Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

11. Prior to commencement of each phase as set out on drawing number SL056.90.9.SL.PP Rev A Site Layout Phasing Plan received 15 June 2012, details of the private shared access road(s)/ drive(s) shall be submitted to the Local Planning Authority and agreed in writing and the approved schemes shall be implemented prior to the occupation of the first dwelling served of the shared access road(s)/ drive(s) and maintained to the satisfaction of the Local Planning Authority thereafter. Reason: To ensure a satisfactory standard of development.

12. Before development commences details of a bus stop/sign at the Central Green and Square shall be submitted to and approved in writing by the Local Planning Authority and constructed prior to the occupation of the first dwelling on phase 5 of the development and the bus stop shall be maintained to the satisfaction of the Local Planning Authority thereafter. Reason: To aid in the delivery of sustainable transport objectives.

13. Existing hedgerows shall be retained in accordance

with drawing numbers 206-STO-200L, C-800-01 Rev A, C-800-02 Rev A and C-800-05 Rev A and maintained to the satisfaction of the Local Planning Authority thereafter. Reason: To ensure a satisfactory standard of development and support habitats of species protected by law in accordance with saved Policy EN32 of the Allerdale Local Plan.

14. The surface water and highway drainage from the development hereby approved shall connect to the mains surface water sewerage system with a discharge rate not exceeding 32.5 litres per second in accordance with the details provided within the submitted Flood Risk and Surface Water Drainage Assessment and before development commences on site, details of the surface water attenuation tanks shall be submitted to the Local Planning Authority and agreed in writing and constructed prior to the occupation of the first dwelling and maintained thereafter to the satisfaction of the Local Planning Authority. Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site, in compliance with Policy EN12 of the Allerdale Local Plan, Adopted 1999 (Saved).

15. Before development commences, details of all noise mitigation for those properties identified within Locations A to D, in accordance with the recommendations within the Acoustic Report shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the dwelling houses within Locations A to D and maintained to the satisfaction of the local planning Authority thereafter. Reason: In the interest of residential amenity in compliance with saved Policy EN6 of the Allerdale Local Plan June 1999.

16. 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 a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All work shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To ensure the satisfactory remediation of the site and minimise risk to public health, in compliance with Policy EN9 of the Allerdale Local Plan, Adopted 1999 (Saved).

17. No development shall take place until a

Construction Method Statement has been submitted to and approved by the Local Planning Authority. The statement shall include the following: a. Traffic Management Plan to include all traffic associated with the development, including site and staff traffic; b. Procedure to monitor and mitigate noise and vibration from the construction and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS 7445. c. Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution d. Mitigation measures to ensure that no harm is caused to protected species during construction. e. A written procedure for dealing with complaints regarding the construction or demolition f. Measures to control the emissions of dust and dirt during construction and demolition g. Programme of work for Demolition and Construction phase. h. Hours of working and deliveries i. Details of lighting to be used on site The approved statement shall be adhered to throughout the duration of the development. Reason: To ensure the satisfactory construction of the site and in the interest of the occupiers of neighbouring properties.

18. Measures to protect species by law and enhance habitats shall be carried out in accordance with the recommendations set out in the Red Squirrel Desk Study with Consideration to Bats report (4.1 Best Practice Working Methods and 6. Bats in Stainburn) and the Extended Phase 1 Habitat Survey (6. Summary of Recommendations). Reason: In order to protect species protected by law in accordance with saved Policy EN32 of the Allerdale Local Plan.

19. The landscaping scheme hereby approved shall be

carried out in accordance with drawing numbers: C-800-01 Rev A, Detailed Planting Proposal, C-800-02 Rev A Detailed Planting Proposal, and C-800-05 Rev A. The planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

20. Prior to the commencement of works, design details for a local equipped area for play area shall be submitted to and approved by the Local Planning Authority, and the approved scheme shall be implemeted prior to the occupation of the 60th residential unit. Reason: To ensure the provision of satisfactory public amenity facilities for the estate, in compliance with the criteria of Policy L1 of the Allerdale Local Plan, Adopted 1999 (Saved).