Planning application number: 19/0197
Site address: LAND ADJ TO B6412 CULGAITH PENRITH
Description: Construction of rural exception affordable dwelling.
Decision date: 05 December 2019
Decision type: Full Approval
Temporary expiry date:
Decision level/committee: Committee
Conditions / reason for refusal: That the application is granted subject to a S106 agreement ensuring the dwelling is affordable in perpetuity and to the following conditions: Time limit for commencement 1) The development permitted shall be commenced within three years starting with the date of this approval. 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 application form and the drawings hereby approved: i. Site Location Plan rev 02 dated 11/02/2019 ii. Proposed Ground Floor (and Elevations) Rev 02 dated 03/02/2019 iii. Proposed First Floor (and Elevations) Rev 02 dated 03/02/2019 Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Ongoing conditions 3) Foul water and surface water shall be drained on separate systems. Reason - To ensure a satisfactory means of drainage.

4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no development falling within Classes A, B, or E of Part 1 Schedule 2 to that Order shall be carried out without the express permission of the Council in writing. Reason - To prevent the overdevelopment of the site in the interests of the character of the countryside and the terms of the affordable housing criteria.

5) The occupation of the dwelling shall be limited to a person with a local connection to the locality and who is enrolled on the Homeseeker’s Register, or a widow or widower of such a person, or any resident dependants. Locality refers to the parish and surrounding parishes in the first instance. If a property has been actively marketed for at least 6 months and an occupier cannot be found then the definition of locality will be extended out to include the County of Cumbria. A person with a local connection means a person who meets one of the following criteria: - The person lives in the locality and has done for a continuous period of at least three years. - The person works permanently in the locality and has done so for a continuous period of at least 3 years. - The person is an existing social tenant who needs to move to take up an offer of work in the district, as detailed in the Government’s ‘Right to Move’ statutory guidance (DCLG, March 2015).T - The person has moved away but has a strong established and continuous links with the locality by reason of birth or long term immediate family connections. - The person needs to live in the locality because they need substantial care from a relative who has lived in the locality for at least three years, or needs to provide substantial care to a relative who has lived in the locality least three years. Substantial care means that identified as required by a medical doctor or relevant statutory support agency. Reason - To provide housing to meet local needs and support the village.

Informatives: 1) 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 (01768 212490) 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.

2) National Planning Practice Guidance clearly outlines the hierarchy to be investigated by the developer when considering a surface water drainage strategy. We would ask the developer to consider the following drainage options in the following order of priority: 1. into the ground (infiltration); 2. to a surface water body; 3. to a surface water sewer, highway drain, or another drainage system; 4. to a combined sewer. We recommend the applicant implements the scheme in accordance with the surface water drainage hierarchy outlined above.

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