2010/0441 / Modlar And The Brookhouse Group / MrAndrewBrown
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Hindpool / Jason Hipkiss
01229 876485 / 22/03/2010
STATUTORY DATE:
20/06/2010
LOCATION:
Land offHolker Street,Barrow-in-Furness
PROPOSAL:Variation of planning consent 2009/0830 to facilitate the development of 3 additional dwellings to provide 66 residential units with associated highway works, landscaping and open space (amended description).
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY B3
Applications for residential development on unallocated sites will be permitted where they accord with the sequential approach of the Structure Plan and also satisfy the following criteria:
i) The site is located within the built up area of existing settlements or the development cordons identified in Policy B13; and
ii) The siting, scale, layout and design (in the materials and form of the buildings) of the development is sensitive to the local environment, it promotes the principles of ‘Secure by Design’ and adequate parking provision is made; and
iii) Adequate access arrangements can be provided, including servicing the site by the public transport and by cycle routes; and
iv) The development is laid out in a way that maximises energy efficiency; and
v) The development will not result in the loss of land which has a recognised or established nature conservation interest; and
vi) The development must not cause an undue increase in traffic passing through existing residential areas such as to be detrimental to residential amenity or highway safety; and
vii) Adequate water supplies, foul and surface water sewers and sewerage treatment facilities exist or can be provided; and
viii) 'A risk-based approach will be adopted for development in or affecting flood risk areas to minimise the risk of flooding associated with the site and the potential effect development of the site might have elsewhere through increased run off or a reduction in the capacity of flood plains. This shall be in accordance with the sequential characterisation of flood risk set out in Table 1 of Planning Policy Guidance Note 25 'Development and Flood Risk; and
ix) Where contamination is suspected, a desk study is undertaken and if necessary a site investigation is undertaken and remediation strategy submitted.
POLICY B4
For allocated and unallocated sites the Authority will expect a density of at least 30 dwellings per hectare with higher densities sought in accessible locations and/or where consistent with good urban design principles.
POLICY B5
Within the urban boundaries of Barrow and Dalton applications for new dwellings or conversions of existing buildings on suitable brownfield sites in residential areas or on the peripheries thereof will be permitted provided the design, siting, layout and access arrangements are satisfactory. This means that the development must also satisfy the criteria of Policy B3. This Policy will also apply to land currently or last used for employment purposes or with planning permission for employment use where the proposal involves the provision of housing for which a specific need has been identified and where the location is considered suitable by the Authority, or such housing is mixed with employment uses, or the existing use is an un-neighbourly or non-conforming one by reason of excessive traffic generation, noise or disturbance to local amenity.
POLICY D21
In determining all applications submitted to it the local planning authority will have regard to the General Design Code set out in paragraph 5.4.27 of this plan.
In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements.
Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention.
Development proposals in the countryside shall respect the diversity and distinctiveness of local landscape character.
New farm buildings will, in general, be required to be sited within or adjacent to an existing farm building complex or in other well screened locations and to be subject to a complementary design and use of materials, with, where necessary, a ‘planting’ scheme.
POLICY E2
Highways proposed in housing developments must be designed and constructed to adoptable standards.
POLICY E5
Proposals for new developments at unallocated sites which are likely to generate significant volumes of road traffic, particularly involving the regular movement of heavy goods vehicles, will only be permitted where the development site has direct access to an appropriate standard of road and/or where the applicant agrees to a routing plan acceptable to the highways authority for traffic generated by the development or to finance the improvement of the highway network to accommodate that traffic, or to instigate measures to control the transport demand and/or provide for greater use of public transport. Proposals impacting on trunk roads will be subject to the Highways Agency’s development control policy
POLICY F11
The floor levels of all new development must be at least 7 metres above Ordnance Datum.
POLICY F12
The design, lighting, layout and location of new development will be carefully examined by the Authority, in consultation with Cumbria Constabulary, to ensure that it is not contrary to the interests of the prevention of crime and development will be refused if it is considered that it will give rise to an increased likelihood of crime.
SUMMARY OF MAIN ISSUES:The application has been resubmitted in a varied form based upon a reassessment of current market trends, but retains the developer’s commitment to providing highway improvements to Holker Street and a financial contribution to enhance facilities around Ormsgill Reservoir, via a section 106 Obligation.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
The Occupiers of Barrow Associated Football Supporters Club, Holker Street Ground, Bluebirds Study Centre,The Cross Bar, Wilkie Road, Kellys Pool Hall, Holker Street, Stollers Furniture World, Asda Stores, Matalan Discount Club, Walney Road, 2-24 (evens) Cheviot Green, 9-47(odds) Cheviot Green, 65,66, Pennine Gardens, 2- 40 (evens)Longmynd Avenue, 119-131 (odds) Holker Street, 132-138 (evens) Holker Street, Barrow-in-Furness all informed. No representations received.
CONSULTATIONS:Environmental Health
“The applicant has carried out an environmental noise survey to determine the sites' Noise Exposure Category (NEC). The site falls into NEC 'B' which requires that noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection against noise.
The applicant has specified that satisfactory internal sound levels can be achieved with standard thermal double glazing fitted with trickle ventilation.
This type of glazing system should be conditioned for this application”.
County Planning
“I write to advise you that we do not consider the proposal to be a Category 1 Application and the County Council will not be responding from a strategic perspective.”
United Utilities
This response is based on the details submitted on the planning application form; any changes to the planning application will invalidate this response.
I will have no objection to the proposal provided that the following conditions are met: -
- In accordance with PPS25 surface water should not be allowed to discharge to foul/combined sewer as stated in the planning application. This prevents foul flooding and pollution of the environment.
- The site must be drained on a separate system and any surface water discharged off site shall be done so at the limited discharge and to the agreed location contained in Section 7.2 of the Flood Risk Assessment prepared by JBA Consulting and dated March 2010.
- If any sewers on this development are proposed for adoption then the developer should contact our Sewer Adoptions Team on 0161 608 0527.
- Our water mains may need extending to serve any development on this site. The applicant, who may be required to pay a capital contribution, will need to sign an Agreement under Sections 41, 42 & 43 of the Water Industry Act 1991.
- A separate metered supply to each unit will be required at the applicant's expense and all internal pipework must comply with current water supply (water fittings) regulations 1999.
- Should this planning application be approved, the applicant should contact our Service Enquiries on 0845 7462200 regarding connection to the water mains/public sewers.
Environment Agency
The site is located within Flood Zone 1 as defined in Table D.1 of PPS25 Development and Flood Risk. With reference to the Agency's Flood Zone Mapping the site is at little or no risk of flooding from river, tidal and coastal sources which shows the extent of floods with below 0.1% annual probability of occurrence. PPS25 Development and Flood Risk states that for developments over 1 hectare a Flood Risk Assessment (FRA) should be produced. AnFRA has been produced by JBA consulting, dated March 2010 and has been submitted with the application.
It is proposed that underground storage will be used to ensure that the surface run-off from the new development is limited to 8 litres/second/hectare as requested by United Utilities. The FRA states that soakaway drainageis not possible at this location due tothe presence ofboulder clay. The Environment Agency wouldpromote the use of permeable paving, rainwater harvesting and grey water re-use wherever possible tominimise the effects ofsurface water run-off.
The Agency has no objection in principle to the development as proposed provided that the details and recommendations set out inthe FRA are takenthrough into the detaileddesign.
The conceptual site model and risk assessment for Controlled Waters has omitted to make reference to the drainrunning through the site and North Devonshire Road and alongside the western perimeter of Ormsgill reservoir.
In the absence of how this surface water feature is assessed and protected from contaminants of concern on site, we are unable to comment onthe site investigation of June 2007. There results show elevated inorganic and high levels of organic contaminants. A risk assessment toControlled Water receptors is required.”
Network Rail – Dated 06.4.10
Network Rail has the following comments:
•Once planning permission has been granted and at least six weeks prior to works commencing on site the Asset Protection Engineer (APE) MUST be contacted, contact details as below. The APE will require to see any method statements/drawings relating to any excavation, drainage,demolition, lighting and building work or any works to be carried out on site that may affect the safety, operation, integrity and access to the railway: It is critical that the developer contacts the APE as the development is adjacent to the railway infrastructure and the scale of the development and works on site need to be assessed to ensure that there is no, impact upon the, safety, operation and integrity of the railway. Please note that we strongly emphasise that contact with the APE is necessary especially as the development is adjacent to an embankment and the APE will need to ensure that any works on site (or any such actions that will not come to light until after the works are completed) do not damage the embankment and thus place the safety, integrity and operation of the infrastructure of the railway in danger.
•If not already in place, the Developer must provide a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail's boundary and make provision for its future maintenance and renewal. Network Rail's existing fencing / wall must not be removed or damaged.
•Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail's boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions: Permitted:Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash - Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina"
Not Permitted:
Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Fiispanica).
Additionally, we have no objection in principle to the development, however due to its close proximity to the operational railway; we would request that the following points are taken into account if granting the application:
DEMOLITION
Any demolition or refurbishment works must not be carried out on the development site that may endanger the -safe.operation of the railway, or the stability of the adjoining Network Rail structures. The demolition of buildings or other structures near to the operational railway infrastructure must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from Network Rail's Outside Parties Engineer before the development can commence.
DRAINAGE
No water or effluent should be discharged from the site or operations on the site into the railway undertaker's culverts or drains, without Network Rail approval. Soakaways should not discharge towards and/or within 10m of railway infrastructure. Details of the proposed drainage must be submitted to, and approved by the local planning authority; acting in consultation with the railway undertaker and the works shall be carried out in accordance with the approved details. After the completion and occupation of the development, any new or exacerbated problems attributable to the new development shall be investigated and remedied at the applicants' expense.
FAIL SAFE USE OF CRANE AND PLANT
All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail's property, must at all times be carried out in a "fail safe" manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.
VIBRO-IMPACT MACHINERY
Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement
SCAFFOLDING
Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed.
EXCAVATIONS/EARTHWORKS
All excavations / earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Outside Parties Engineer should be undertaken.
SECURITY OF MUTUAL BOUNDARY
Security of the railway boundary will require to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail's Outside Parties Engineer.
METHOD STATEMENTS/FAIL SAFE/POSSESSIONS
Method statements may require to be submitted to Network Rail's Outside Parties Engineer at the below address for approval prior to works commencing on site. Where any works cannot be carried out in a "failsafe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. "possession" which must be booked via Network Rail's Outside Parties Engineer and are subject to a minimum prior notice period for booking of 20 weeks.
TWO METRE BOUNDARY
Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail's adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail's boundary. This will allow construction and future maintenance to be carried out from the applicant's land, thus avoiding provision and costs of railway look-out protection, supervision and other facilities necessary when working from or on railway land.
LIGHTING
Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. The developers should obtain Network Rail's approval of their detailed proposals regarding lighting. Following occupation of the development, if within three months Network Rail or a Train Operating Company has identified that lighting from the development is interfering with driver's vision, signal sighting, alteration/mitigation will be required to remove the conflict at the applicant's expense.