| Condition Details / Information Notes |
| Time limit for commencement
1. The development permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
| Approved Plans
2. The development hereby granted shall be carried out in accordance with the documents and drawings hereby approved:
i. Drawing ref. KA1156/1 (Revision N) ‘Proposed Site Layout’, dated 11/4/23
ii. Drawing ref. KA1156/6 (Revision F) ‘Proposed Elevations 3-5’, received on 18 October 2022;
iii. Drawing ref. KA1156/7 (Revision D) ‘Proposed Elevations 6-9’, received on 18 October 2022;
iv. Drawing ref. KA1156/5 (Revision C) ‘Proposed Elevations 1-2’, received on 29 June 2022;
v. Drawing ref. KA1156/3 (Revision A) ‘Type A 2 Bedroom Dwelling Plans & Elevations’, received on 29 June 2022;
vi. Drawing ref. KA1156/4 (Revision A) ‘Type B 3 Bedroom Dwelling Plans & Elevations’, received on 29 June 2022;
viii. Drawing ref. KA1156/8 (Revision B) ‘Section 1’, received on 29 June 2022;
ix. Unnumbered drawing depicting proposed boundary fencing at scale of 1:20, received on 26 October 2022;
x. Tree Survey, Tree protection plan, Arboricultural Implication Assessment & Method Statement (Revised version received on 22 September 2022);
xi. Preliminary Ecological Appraisal, received on 26 June 2022.
xii. Nutrient Mitigation Strategy ref ECO02858 v03 dated 12/04/23 from rps group
xiii. Flood Risk Assessment, received on 26 June 2022;
xiv. Desk Top (Contamination) Study, received on 1 July 2022;
xv. Site Investigation Report (Contamination), received on 1 July 2022;
xvi. Air Quality Assessment, received on 1 July 2022;
xvii. Noise Impact Assessment, received on 1 July 2022.
xviii. Construction Management Plan incorporating Construction Traffic Management Plan, Construction Environmental Management Plan & Surface Water Management Plan submitted by email 21/4/23
xix. Construction Phase Plan ref 220404 01 rev B dated 21/4/23
xx. Construction Surface Water Phase Plan ref 220404 06 rev A dated 20/4/23
xxi. Surface Water Management Plan ref 220404 03 rev A dated 23/12/22
xxii. Outline Drainage Strategy from Tweddell & Slater dated 21/3/23
xxiii. Proposed Discharge Rates from Site, from Tweddell & Slater – March 2023
xxiv. Solar Panels (& Airsource Heat Pumps) Site Plan ref KA1156 011 rev C dated 14/4/23
xxv. Solar Panels (& Airsource Heat Pumps) Site Plan ref KA1156 012 rev B dated 14/4/23
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. |
| Pre-occupancy or other stage conditions
3. Prior to their occupation, all dwellings hereby approved within the application site shall be fitted with Electric Vehicle charging points, solar panels and air source heat pumps as shown on plans KA1156 011 rev C and KA1156 012 rev B. The apparatus on each dwelling shall be fully operational prior to the first occupation of that dwelling. Any apparatus which becomes non-functioning shall be repaired or replaced as soon as is practicable.
Reason: To ensure the delivery of sustainable energy generation throughout the development, in accordance with Policy ENV5 of the Eden Local Plan 2014-2032. |
| 4. The development shall be undertaken in strict accordance with the Construction Management Plan Rev A prepared by Atkinson Building Contractors Ltd dated 21/04/23 and the details agreed within the following documents:
• Construction Traffic Management Plan Rev A.
• Construction Phase Plan Drawing No 01 Rev: B dated 21/04/23
Reason: To ensure the undertaking of the development does not adversely impact upon the fabric or operation of the local highway network and in the interests of highway and pedestrian safety, to accord with Policy DEV3 of the Eden Local Plan 2014-2032. |
| 5. The development shall be undertaken in strict accordance with the road construction details submitted to Cumbria County Council (as was) set out in the following plans:
• Drawing No 111 - Road Cross Sections
• Drawing No 100 Rev:F -Road Layout and Site Layout
• Drawing No 101 Rev:A -Road 1 Long Section
• Drawing No 102 -Road 2 Long Section
• Drawing No 103 Rev:A -Road 3 Long Section
• Drawing No 7377-110 Rev:B -Proposed Road Details
Reason: To ensure that an acceptable standard of construction is achieved, in the interests of highway safety, to accord with Policy DEV3 of the Eden Local Plan 2014-2032. |
| 6. The development shall be undertaken in strict accordance with the sustainable surface water and foul water drainage scheme set out in the following plans:
• Outline Drainage Strategy dated 21st March 2023
• Proposed Discharge Rates from the site dated March 2023
• Outline Drainage Strategy Addendum dated March 2023
The approved schemes shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.
Prior to occupation of the proposed development, the drainage schemes shall be completed in accordance with the approved details and retained thereafter for the lifetime of the development.
Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution, to accord with Policy DEV2 of the Eden Local Plan 2014-2032. |
| 7. Notwithstanding any information submitted and approved as part of this planning permission, a landscaping scheme shall be implemented in strict accordance with additional detailed information that, prior to the first occupation of any of the dwellings, has first been submitted to and approved in writing by the local planning authority. The scheme shall include details of the following where relevant (this list is not exhaustive):
i. new areas of trees and shrubs to be planted including planting densities;
ii. new groups and individual specimen trees and shrubs to be planted;
iii. specification/age/heights of trees and shrubs to be planted;
iv. existing trees and shrubs to be retained or removed;
v. any remodelling of ground to facilitate the planting;
vi. timing of the landscaping in terms of the phasing of the development;
vii. protection, maintenance and aftercare measures.
Reason: To ensure that a satisfactory landscaping scheme is implemented, in the interests of public and environmental amenity, in accordance with Policy DEV5 of the Eden Local Plan 2014-2032. |
| 8. Notwithstanding any information contained within the Noise Impact Assessment approved as part of this planning permission, a 3m high acoustic fence alongside the SE and SW boundaries of the site (as set out on Page 3 of said Assessment) shall be installed and be fully operational before the development is occupied, in accordance with details that have first been submitted to, and approved in writing by the local planning authority.
Reason: To protect the private amenity of future occupiers in the light of the nearby railway line; and in the absence of adequate details relating to this item, to accord with Policy ENV9 of the Eden Local Plan 2014-2032. |
| 9. The development shall be undertaken in strict accordance with the sustainable drainage management and maintenance plan set out in the following document:
• Operation and Maintenance Plan Surface water Drainage System dated 5th April 2023
The development shall subsequently be completed, maintained and managed in accordance with the approved plan.
Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development, to accord with Policy DEV2 of the Eden Local Plan 2014-2032. |
| 10. The development shall be undertaken in strict accordance with the Surface Water and Construction Water Management Plans set out in the following documents:
• Construction Surface water phase plan Drawing No 06 Rev: A dated 20/04/23
• Surface water management plan Drawing No 03 Rev: A dated 23/12/22
Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems, to accord with Policy DEV2 of the Eden Local Plan 2014-2032. |
| 11. The development shall, at all times, be undertaken in strict accordance with the Construction Environmental Management Plan (CEMP) embedded within the Construction Management Plan submitted by email 21/4/23.
Reason: To safeguard health and amenity of existing nearby occupants, to accord with Policy ENV7 of the Eden Local Plan 2014-2032. |
| Ongoing conditions
12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and/or re-enacting that Order) and having regard to the information contained within drawing ref. 7377 250 (Rev B) ‘Impermeable Areas’ submitted with the planning application, the following forms of development within the provisions of Part 1 to Schedule 2 of the Order shall not be undertaken without the express permission in writing of the council:
1. additional impermeable surfaces within residential curtilages;
2. extension or enlargement;
3. additions or alterations to roofs;
4. detached outbuildings; and
5. porches
Reason: The further extension or alteration of, or development within the curtilage of, these dwellings requires further detailed consideration to (i) preserve the permeability of the site and (ii) safeguard the amenities of the surrounding area, to accord with Policies DEV2 and DEV5 of the Eden Local Plan 2014-2032. |
| 13. Construction works shall be carried out only between 0730 – 1800 hours Mondays – Fridays; 0900 – 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays.
Reason: To safeguard the amenity of residents living nearby. |
| 14. There shall be no vehicular access to or egress from the site other than via the approved access, unless a further planning permission has been obtained from the local planning authority.
Reason: To avoid vehicles entering or leaving the site by an unsatisfactory access or route, in the interests of road safety, to accord with Policy DEV3 of the Eden Local Plan 2014-2032. |
| 15. Any Air Source Heat Pumps installed for the development shall be installed in accordance with the Microgeneration Certification Scheme Planning Standards.
Reason: In the interests of the amenity of neighbouring residents, to satisfy the requirements of Policy DEV5 of the Eden Local Plan. |
| Advisory Notes for the Applicant/Developer/Contractors:
1. This planning permission is granted subject to conditions and a Section 106 Legal agreement. The Legal Agreement refers to matters of (i) provision of affordable housing; and (ii) provision of offsite Nutrient Neutrality mitigation. The Agreement is bound to this planning permission, forms part of the permission and it is a legal requirement to adhere to it at all times unless formal modification or revocation of the Agreement is formally agreed by the local planning authority.
2. Should any unexpected ground conditions, which could indicate the presence of land contamination (for example unusual colours, odours, liquids or waste materials) be encountered during development, the Environmental Protection Team at Westmorland and Furness Council should be notified immediately. The Environmental Protection Team liaises with developers to achieve cost effective sustainable solutions to deal with contamination to safeguard the health of future occupants, building structures and the local environment. The responsibility for securing a safe development however, lies with the developer and /or landowner.
3. This decision notice grants planning permission only. It does not override any existing legal agreement, covenant or ownership arrangement. It is the applicant’s responsibility to ensure all necessary agreements are in place prior to the commencement of development.
4. Prior to any work commencing on the watercourse the applicant should
contact the Lead Local Flood Authority to confirm if an Ordinary Watercourse Flood Defence Consent is required. If it is confirmed that consent is required it should be noted that a fee (currently £50) will be required and that it can take up to two months to determine.
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