Development Plot at Great Close Wood, Glenridding, Penrith, Cumbria CA11 0PL. LDNPA Planning Decision Notice 7/2012/3113

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1 Development Plot at Great Close Wood, Glenridding, Penrith, Cumbria CA11 0PL LDNPA Planning Decision Notice 7/2012/3113 For further information contact Eden Estate Agents Limited 1 Little Dockray Penrith Cumbria CA11 7HL T E nick.miller@edenestateagents.co.uk

2 TOWN AND COUNTRY PLANNING ACT 1990 NOTICE OF APPROVAL OF RESERVED MATTERS Reference No: 7/2012/3113 To: Stevan Mason, SRM Building Design 130, Highgate Kendal Cumbria LA9 4HE PART 1 - PARTICULARS OF APPLICATION 1 Name and address of applicant Mr D Simons 13, Vicarage Lane Ennerdale Bridge Cleator Cumbria CA23 3BE 2 Date of application 26 November Land to be developed Plot 10 Great Close Wood, Glenridding 4 Date and number of outline permission 5 Details of the reserved matters submitted for approval 5 January 1962 L1511/NOW/1990 Erection of dwelling (Reserved Matters) PART 2 - PARTICULARS OF DECISION Note: This decision notice is to be read in conjunction with the Outline permission listed above. Any conditions imposed thereon, other than those requiring approval of reserved matters, remain in force. IN PURSUANCE of their powers under the Town and Country Planning Act, 1990, the Lake District National Park Authority as local planning authority HEREBY GIVE NOTICE THAT APPROVAL with respect to the above-mentioned reserved matters HAS BEEN GRANTED for the development specified above, subject to the following conditions: 1 The development hereby permitted shall be commenced before the expiration of TWO years from the date hereof. REASON: Imposed in accordance with the provisions of Section 92 of the Town and Country Planning Act, 1990.

3 7/2012/ of 6 2 Unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted shall not be carried out otherwise than in complete conformity with the following submitted plans and details: - Drawing nos , , , , , , and 260-RPAa received by the Local Planning Authority 15 November Design and Access Statement (ref. 260-Design & Access Statement-001) received by the Local Planning Authority 15 November 2012 REASON: For the avoidance of doubt. 3 No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: - hours of working - site compounds including the number and position of any cabins, containers and welfare facilities - the parking of vehicles of site operatives and visitors - loading and unloading of plant and materials - storage of plant and materials used in constructing the development - wheel washing facilities - measures for the protection of the public highway from dust, mud and debris (including a schedule for the cleaning and sweeping of the public highway) - measures to control the emission of dust and dirt during construction - a scheme for recycling/disposing of waste resulting from demolition and construction works - measures for the protection of the roots of trees to be retained adjacent to the development site. REASON: To safeguard the amenities of neighbouring properties and the wider area during construction. 4 The roof of the building hereby permitted shall be covered in local green slates (that is slates which have been mined or quarried in the National Park). Such slates shall be riven not sawn, and shall be laid in diminishing courses from eaves to ridge. REASON: To ensure a satisfactory standard of appearance of the development by the use of traditional materials in accordance with Policy BE1 of the Lake District National Park Local Plan. 5 The facing stone to be used in the development hereby permitted shall match (in terms of size, method of laying, pointing and jointing details) the appearance, character, colour and texture of the local stone walls of Serendip, adjacent to the site. REASON: For the avoidance of doubt and to ensure a satisfactory standard of appearance of the development.

4 7/2012/ of 6 6 Not later than 12 months from the substantial completion or first occupation of the development (whichever is sooner), landscaping of the site shall be undertaken in accordance with the details of a scheme which shall first have been submitted to and approved in writing by the Local Planning Authority. The said scheme shall include hard and soft landscaping proposals, any boundary features, and any existing trees and hedgerows which are to be retained. Any trees or plants which, within a period of five years thereafter, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation. REASON: To safeguard the visual amenities of the area. 7 Not later than one month after the substantial completion or first occupation of the development (whichever is sooner), boundary fencing along the southern boundary shall be installed in accordance with the details shown on the submitted drawings ( and ) received by the Local Planning Authority 15 November Such fencing or similar shall be maintained in situ thereafter. REASON: To safeguard the amenities of neighbouring dwellings. 8 The dwelling hereby permitted shall not be occupied until foul water drainage works and treatment have been implemented in accordance with final details that have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall: - provide final details and specification of the package treatment plant hereby permitted - provide final details and specification of the drainage field hereby permitted. REASON: To ensure a satisfactory standard of development and to minimise the risk of unaccceptable water discharges from the site upon the completion of development. 9 The dwelling hereby permitted shall not be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework, and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: - provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; - include a timetable for its implementation; and - provide a management and maintenance plan for the lifetime of the

5 7/2012/ of 6 development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. REASON: To ensure a satisfactory standard of development and to minimise the risk of unaccceptable surface water discharges from the site upon the completion of development. 10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no material external alterations or extensions shall be carried out to the dwellinghouse, nor shall any building, enclosure, domestic fuel oil container, pool or hardstanding be constructed within the curtilage of the dwellinghouse, without application to, and the grant of permission by, the Local Planning Authority. 11 REASON: The Local Planning Authority considers that such development should be subject to formal control to safeguard the amenities of the area. Date: 11-Feb-2013 MURLEY MOSS, KENDAL Director of Planning & Partnerships Summary of Reasons for Approval & Relevant Development Plan Policies Outline planning permission (ref. L1511/NW.0/1990) was granted 5 January 1962, and permits the development of Plot 10 for a detached dwelling, subject to the satisfactory submission and approval of reserved matters relating to access, siting and design. The site is extremely steep and constrained, this heavily influences the design of the proposal. The proposed development is considered to be acceptable in respect of access, siting and design having regard to the extant permission and the constraints of the site. The access proposed is from the most suitable point on the plot. The siting of the proposed dwelling is the most acceptable that can be achieved within the plot given the position of the access, trees on neighbouring land, the steepness of the site, and the position of neighbouring dwellings. The design responds to the steep contours of the site whilst seeking to minimise the mass of the proposed development. It is only open to the Authority to impose conditions insofar as they relate to the reserved matters before us. Therefore, having regard to the provisions of the Development Plan and all other material considerations, including the provisions of the National Planning Policy Framework, the proposal is considered to be acceptable subject to the conditions imposed.

6 7/2012/ of 6 The relevant Development Plan policies are: Lake District National Park Core Strategy policies: CS02: Achieving vibrant and sustainable settlements CS10: Achieving design excellence CS11: Sustainable development principles Lake District National Park Local Plan 1998 saved policies: BE1: Roof and wall materials NE12: Trees and woodlands National Planning Policy Framework Statement: In reaching its decision the Authority has had regard to the provisions and requirements of the National Planning Policy Framework (paragraphs ), and has engaged in pre-application discussions and meetings with the applicant as encouraged by the framework.

7 7/2012/ of 6 NOTICE IMPORTANT This permission refers only to that required under the Town & Country Planning Act 1990 and does not include any consent or approval under any other enactment or under the building regulations. Appeals to the Secretary of State If you are aggrieved by the decision of the Authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State for Transport, Local Government and the Regions under Section 78 (1) of the Town and Country Planning Act If you want to appeal, then you must do so within six months of the date of this notice, using a Planning Appeal Form which you can get from the Customer Service Team at the Planning Inspectorate at: Room 4/15 Kite Wing, Temple Quay House, 2 The Square, Temple Quay, BRISTOL BS1 6PN. Telephone: Or, alternatively, enquiries@pins.gsi.gov.uk. Please note, only the applicant possesses the right of appeal. The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the Authority could not have granted planning permission for the proposed development or could not have granted it without the conditions it imposed, having regard to the statutory requirements, to the provisions of the development order and to any directions given under the order. In practice, the Secretary of State does not refuse to consider appeals solely because the Authority based its decision on a direction given by him. Purchase Notices If either the Authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor can he render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the National Park Authority. This notice will require the Authority to purchase his/her interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

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