Allerdale Borough Council Planning Application 2/2015/0649

Proposed Development:

Erection of a 5 bedroom guest house with associated parking

Location: Plot 11Parklands DriveCockermouth

Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Principle of development

Acceptable at this sustainable location within the settlement with adjacent residential uses not significantly affected.

Siting and design Sited as to be well related to the adjacent residential development and appearing as a similar large house type.

Flood risk and Sequential Test

The Flood Risk Assessment (FRA) has been considered by the Environment Agency and Cumbria County Council Flood Authority including a response following the 2015 flood event. The FRA and strategy to raise the finished floor level beyond the 1:1000 flood event is considered acceptable.

A Sequential Test has been submitted by the applicant that discounts other potential sites with and without planning consent beyond Flood Zone 2. Single plots and sites within larger residential developments have been documented. Planning Officers are satisfied that these sites are not appropriate in terms of site characteristics and not reasonably viable to purchase and develop by the applicant.

Drainage Foul water is planned to the main sewer with surface water to sustainable means of soakaway. Preliminary percolation tests have been provided. United Utilities recognises the sustainable options that can be attenuated.

Access An access from the estate road can be achieved with no objections from the Highway Authority. On-site parking is provided and can be conditioned for retention.

Proposal

Application for the erection of a five bedroom detached guesthouse with associated parking

Site

The application site on the edge of the town comprises an undeveloped corner plot of a residential estate with frontages to the estate road and the public highway.

The Fitz Estate grounds are noted to the rear with mixed commercial development opposite and in the vicinity.

Relevant Policies

NPPF

Meeting the challenge of climate change, flooding and coastal changeRequiring good designPromoting healthy communities

Allerdale Local Plan Part 1 Adopted 2014

Policy DM14 - Standards of Good DesignPolicy S1 - Presumption in favour of sustainable developmentPolicy S2 - Sustainable development principlesPolicy S29 - Flood Risk and Surface Water DrainagePolicy S30 - Reuse of LandPolicy S32 - Safeguarding amenityPolicy S4 - Design principles

Relevant Planning History

None

Representations

Town Council – No objectionHighway Authority – No objections subject to conditionsUnited Utilities - No objections subject to conditionsEnvironment Agency - No objectionsCumbria County Council Lead Flood Authority – No objectionsEnvironmental Health – No objections subject to standard conditions regarding a desk top study to address the possible contamination from nearby mine workings.

The application has been advertised on site and adjoining landowners have been consulted. No representations have been received

Siting

The site appears as an undeveloped building plot at the entrance to the existing residential estate. It is considered appropriate for the proposed use being on the edge of town in a sustainable location and in easy access by all forms of transport. The adjacent residential estate and commercial development are considered compatible land uses.

The existing dwelling adjacent (Plot 10) is in the ownership of the applicant.

The layout of the site allows for the two storey building, parking and landscaping with a no-build zone protecting the easement to United Utilities underground services.

Design and Appearance

The building is designed as a five bedroom guest house with appropriate internal layout including kitchen, laundry room and communal guest breakfast room. The external appearance is that of a large dwelling in materials compatible with the existing dwellings along Parklands Drive.

The siting, design and appearance is not considered to have any harmful impact generally.

Access and Parking

An access from the highway is planned with adequate parking and turning space allocated for guest parking. The Highway Authority does not object,

Drainage

Foul water drainage is planned to discharge to the main sewer.

Surface water drainage is proposed to discharge by soakaway pending further ground investigations. Initial assessment is that the ground conditions are of freely draining floodplain soils with adequate permeability. The drainage strategy has been outlined with soakaway and optional SUDS schemes of rainwater harvesting, green roofs and permeable surfaces. United Utilities promotes this sustainable approach and has not objected in principle with the last option of drainage to the public sewer not discounted with appropriate attenuation maintaining current green field discharge rates.

With these options the matter of surface water drainage can be conditioned.

Flood Risk

The site is within Flood Zone 2 and the planned use is categorised as more vulnerable.

Standing advice requires a Flood Risk Assessment and a Sequential Test to discount other sites less vulnerable to flooding.

The applicant has provided a comprehensive FRA with a raised floor level of the building to justify the development in Flood Zone 2. The applicant concludes that the raising of the

ground and floor level of the site effectively takes it out of Flood Zone 2. The FRA concludes as follows…….

“The Strategic Flood Risk Assessment for the area has been reviewed and all relevantsources of flood risk, including fluvial, groundwater and surface water runoff, have beentaken into account. Hydraulic model flood levels data for the River Derwent has beenpurchased from the Environment Agency. The applicant’s drainage consultant has analysed the hydraulic modelling information and topographical survey data and have confirmed that the site is not at significant risk up to the 1 in 1000 year (0.1% annual probability) flood event. The site will be partially raised to around the 1 in 1000 year flood level, subject to detailed design, to create a suitable development platform for the proposed property. It is proposed to set the Finished Floor Level at 43.00m AOD. The remainder of the site to the north will be landscaped at existing ground levels. The 1 in 1000 year flood event will therefore flow through the landscaped area to Fitz Park to the immediate west.

The risk from all sources of flooding is considered to be manageable and thereforeacceptable in accordance with the proposed use”

Consultation with the Environment Agency and the Lead Flood Authority at Cumbria County Council has resulted in no objection with the Flood Risk Assessment and mitigation considered robust. This applies to flood zone assessment prior to and after the recent 2015 flood event.

New guidance from the Environment Agency has been published and is applicable from the 19//2/2016 in light of the 2015 flood event. This guidance requires the assessment of sites within or close to Flood Zones to be assessed regarding their sensitivity to flood risk. The Environment Agency has commented on this site regarding the new guidance as follows.

“The site did not flood in December 2015 and the applicant has provided evidence to support this. As stated in our previous email we consider that the site is in Flood Zone 2 - medium risk of flooding - and therefore we do not consider that flooding is a particularly sensitive issue for this site. Our advice would be that the new allowances do not need to be applied to this application.”

A layout plan has been provided of the site with ground levels and finished floor levels that satisfies compliance with the recommendations within the FRA.

To conclude matters of flood risk the applicant has provided a Sequential Test of the following known sites in the area outside Flood Zone 2. The information provided with the case officer’s comments are as follows

Sequential Test

The Sequential Test has taken into account extant planning permissions and sites without planning permission beyond Flood Zone 2 which may be available for development. Reference has also been made to the Council’s SHLAA and Development Plan evidence base of development sites.

The criteria for the site search was based on the following as found within Environment Agency and Planning Practice Guidance.

The site should be located in a sustainable location.

The site should be reasonably viable to purchase and develop.

The site should be located in Flood Zone 1.

The site should be of a suitable size to accommodate the proposal. It should be noted that the guest house has larger room sizes than the average dwelling house. Also, it is desirable for the development to incorporate a level of off street car parking.

The Applicant has considered extant planning permissions for Cockermouth which are potentially suitable for the development. Sites with a capacity for one or two dwellings have been considered. The Applicant’s comments in relation to extant planning permission are as follows.

2/2014/0189 – Old Kings Arms Lane. First floor conversion to two flats. Development completed. Flood Zone 3.

2/2013/0603 – Land on Towers Lane. Development of two plots. Under construction.

2/2013/0403 – Cemetery Chapel, Lorton Street. Conversion to two residential units. Under construction.

2/2014/0821 – Grey Abbey, Papcastle. Site outside the settlement. Subject to planning condition restricting occupation to ancillary accommodation only.

2/2014/0658 – Land adjacent to 57 Henry Street. Single dwelling. Under construction.

2/2014/0480 – Former Scout Hut, Tweedmill Lane. Single dwelling completed.

2/2013/0182 – 46 Fitz Road. Single dwelling completed.

2/2013/0047 – Plot 7 Meadow Bank Close, Windmill Lane. Single dwelling undeveloped. Very small corner plot at the junction of Windmill Lane which would not adequately accommodate the development.

2/2012/0927 – The Coach House, Market Place. Conversion scheme complete.

2/2012/0911 – 6 Lonsdale Terrace, Mayo Street. This application relates to the same site as the 57 Henry Street application above.

2/2014/0149 Former Builder’s Yard, Tweed Mill Lane. Single dwelling approved to a bespoke design for disabled occupancy. Restrictive un-made access not appropriate for the traffic generation of a guesthouse.

2/2012/0799 – Land at Strawberry How. Permission for single residential unit. A small site which would not be capable of accommodating the development. Furthermore, the

site is served by a private road which may be subject to land ownership issues. The site is distant from the town centre and is a potentially unsustainable location.

In addition the applicant has considered the following sites that do not have a valid planning consent

Land at Brigham Road. This is a potential infill plot and is the site of a former derelict bungalow. The site is currently not available. The site is unlikely to accommodate the development and is located at the eastern end of Brigham Road where on street car parking problems exist.

Land adjacent to 11 Longcroft, Windmill Lane. Extant planning permission from 2003. It is understood that the site is currently advertised for sale and is under offer. The site has a relatively poor access down an unmade lane and is unlikely to accommodate the development.

Plot at Meadow Grove. This is a steeply sloping corner plot which adjoins Tom Rudd Beck. It is understood that the site has a history of planning refusals and is unlikely to accommodate the development.

It is the case officer’s opinion that the applicant has identified a reasonable number of development sites that are generally at a premium and in short supply in Cockermouth. The sites assessed by the applicant are clearly too small, poorly accessed, inappropriate as conversions or simply under construction, recently completed and unavailable.

In addition to these sites the applicant has been asked to address the availability of appropriate plot or plots as part of a larger residential development to accommodate the guesthouse outside of Flood Zone 2. The sites identified are as follows.

Land at Fitz Park, Cockermouth – Residential development of 217 dwellings including affordable housing. This site is being undertaken by a national volume house builder. Reserved matters have been approved and the site is under construction with a committed layout.

2/2014/0381 – Land Off Strawberry How, Cockermouth – 320 dwellings. Again, this is a volume house builder site. The site is not under construction but cannot realistically be considered as an alternative to the application site.

2/2012/0745 – Former Highways Depot, Sullart Street. This residential development is almost complete. All of the above points apply. Additionally, the plot sizes on this development would make the provision of a guest house particularly difficult.

2/2014/0610 – Land to the South West of Brigham Road. Volume house builder site. All of the above applies. The site is under construction and it is understood that the majority of the plots have been sold off plan.

2/2012/0741 – Former Gas Holder Site, Sullart Street, Cockermouth. Volume house builder site. Under construction. Again, the plot sizes on this development are unlikely to provide provision for a guest house.

2/2012/0267 – The Maltings, Brewery Lane – Conversion proposal for residential to 16 flats with stores. The building is considered unsuitable for a guest house conversion.

2/2012/0951 – Land at Lorton Road. This is the former Mitchells Warehouse buildings. The buildings are tenanted and not available for development.

2/2015/0233 – Holmewood Residential Home, Lamplugh Road. Private residential development for 3 dwellings. All three plots have been sold as self-build projects one of which is under construction. This site is not available.

2/2013/0479 – Former Cockermouth Police Station. Mixed use development which is under construction. This site is not available. Furthermore, the site lies within Flood Zone 3.

2/2013/0170 – The Rectory. Residential site for 3 dwellings under construction.

2/2014/0880 – Land at The Fitz, Low Road, Cockermouth. This site lies within Flood Zone 2 and as you will be aware the outline planning permission is conditional on compensatory measures being implemented to take the site into Flood Zone 1. This is exactly the same principle that has been applied to the application site. Access to the site would be through an existing residential estate which would be somewhat convoluted for a guest house. The site is not available for reasons which are commercially confidential. The site within the same ownership as this application is not considered relevant and the site is intended to be developed as approved. Any amendment to the layout would affect the site’s financial viability and result in the loss of affordable housing.

2/2014/0546. Five dwellings land at Lorton Road. Residential development approved to a specific site layout and arrangement. Major amendments required to accommodate a guesthouse with impacts upon amenity and marketability.

In general terms, the applicant claims that volume house builders simply will not consider alternative uses on their sites and it is common practice that housing developers always sell houses and plots subject to a restrictive covenant preventing use from anything other than a single private dwelling house. The applicant concludes that it is highly unlikely that they would be prepared to sell land to a third party to build a guest house on their land.

In addition to the above, the applicant maintains that the financial viability of housing developments are carefully calculated and land reserved for a guest house use would impact significantly as it would achieve a lower land value. The value of a plot with planning permission for a dwelling is far greater than for a guest house.

Other factors that make a large development site unsuitable to accommodate a bespoke guest house are considered to include site marketability, general infrastructure arrangements and plot layout, access, parking, visual and residential amenity.

The Sequential Test provided has considered 26 different sites of different size and characteristics.

On balance it is the case officer’s opinion that the applicant has satisfied the criteria of the Sequential Test with potential sites outside Flood Zone 2 discounted for the reasons

highlighted above. It has been demonstrated that the sites are not reasonably available to purchase or viable to develop for the alternative guesthouse use.

The matter of siting the guesthouse within a larger development has also been tested to the same conclusions. The nature of a well planned residential development cannot practically or viably accommodate a guesthouse development as reported above. The applicant has identified the available larger development sites in Cockermouth and provided a justified assessment to discount them from the Sequential Test. Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the proposed guest house would be liable to NNDR. Conclusion

On balance the development and use is considered acceptable with the Sequential Test submitted satisfactorily and with a supporting Flood Risk Assessment acceptable to the relevant Authorities.

Annex 1

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 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: 10/06/701-01 Location Plan 10/06/701 - 02d Site Plan (amended plan 22/3/2016)10/06/703-01- Proposed Floor Plans10/06/701-04 Proposed ElevationsD/I/D/87883/006 Flood Risk Assessment October 2015Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. Foul and surface water shall be drained on separate systems.Reason: To secure proper drainage and to manage the risk of flooding and pollution.

4. 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. In the event of surface water draining to the public surface water sewer, the pass forward flow rate to the public surface water sewer should be restricted to existing greenfield runoff for any storm event. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

5. The development shall be implemented in accordance with the approved site layout plan (ref 10/06/701 - 02d) that demonstrates a finished floor level of 43.00 AOD to satisfy the recommendation of the Flood Risk Assessment dated October 2015.Reason : To promote sustainable development and to manage the risk of flooding.

6. The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and or parking 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 that proper access and parking provision is made and retained for use in relation to the development.

7. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter. Reason: In the interests of highway safety and environmental management.

8. Access gates, if provided, shall be hung to open inwards only away from the highway. Reason: In the interests of highway safety.

9. Details of the siting, height and type of all means of enclosure/screen walls/fences/other means of enclosure shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling(s). Any such walls/fences etc shall be constructed prior to the approved building being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority.Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and safeguard the amenity of neighbouring properties.

10. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works commence within the controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

11. Should land affected by contamination be identified under the desktop study Condition 10 following site investigations which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

12. Should a remediation scheme be required under Condition 11, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

13. 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 works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.