Planning application number: 19/0832
Site address: BROAD MEADOWS MELMERBY PENRITH CA10 1HA
Description: Retrospective application for demolition of existing dwelling and erection of replacement dwelling.
Decision date: 10 February 2020
Decision type: Full Approval
Temporary expiry date:
Decision level/committee: Delegated
Conditions / reason for refusal: 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 drawings hereby approved: i. Application form received 19 November 2019 ii. Location plan drawing no. 117-132-14 received 19 November 2019 iii. Site plan, drawing no. 117-185-15 received 19 November 2019 iv. Proposed floor plans, drawing no.117-185-16 received 23 January 2019 v. Proposed elevations, drawing no. 117-185-17 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pre-occupancy or other stage conditions 3) Within 6 months of first occupation of the dwelling hereby approved, the existing farmhouse known as ‘Broad Meadows’ shall be demolished. Reason: The proposal is for a replacement dwelling only in an area where an unrestricted dwelling would not be supported.

4) The development hereby approved shall be carried out in accordance with the Flood Risk Assessment prepared by Holt Planning Consultancy and submitted with the application on 19 November 2019. Reason: To ensure there is not an unacceptable risk of flooding or exacerbate flood risk elsewhere.

5) Prior to the commencement of the farm house, 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 shall be submitted to and approved in writing by the local planning authority. Thereafter, development shall be undertaken in accordance with the approved scheme. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

6) Prior to occupation, a report from a suitably qualified and competent person which identifies the source of the private water supply to the dwelling hereby approved; the proposed treatment process; and demonstrate the capability of the treatment system, shall be submitted to and approved by the local planning authority. Thereafter, development shall be undertaken in accordance with the approved scheme. Reason: To achieve a sufficient and wholesome supply of water in accordance with Reg 4 of the Private Water Supplies (England) Regulations 2016 (As amended).

7) The development hereby approved shall only be carried out in accordance with the mitigation measures identified within the Survey for Bats, Barn Owls & Breeding Birds prepared by Steve Wake and submitted with the application on 19 November 2019. Reason: To comply with the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended).

Ongoing conditions 8) Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution.

Notes to Developer: 1. 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.

Informatives: 1. Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Council’s Building Control Team should be consulted before works commence. You contact the team directly at building.control@eden.gov.uk 2. The development site is within 20 metres of an ordinary water course. A Land Drainage/Ordinary Watercourse consent needs to be granted for any proposed changes to the watercourse flowing through the site. Contact LFRM.consent@cumbria.gov.uk for information and guidance. 3. Under the Environmental Permitting (England & Wales) Regulations 2010 any discharge of sewage or trade effluent made to either surface water or groundwater will need to hold an environmental permit issued by the Environment Agency or comply with the ‘general binding rules’ for the use of a non-mains drainage system. This applies to any discharge to inland freshwaters, coastal waters or relevant territorial waters. 4. Domestic effluent discharged from a non-mains drainage system (ie treatment plant/septic tank) at 2 cubic metres or less to ground or 5 cubic metres or less to surface water in any 24 hour period must comply with General Binding Rules provided that no public foul sewer is available to serve the development and that the site is not within an inner Groundwater Source Protection Zone. Further information on when a permit will be required is available on our website at https://www.gov.uk/permits-you-need-for-septic-tanks/overview A soakaway used to serve a non-mains drainage system must be sited no less than 10 metres from the nearest watercourse, not less than 10 metres from any other foul soakaway and not less than 50 metres from the nearest potable water supply. Where the proposed development involves the connection of foul drainage to an existing non-mains drainage system, the applicant should ensure that it is in a good state of repair, regularly de-sludged and of sufficient capacity to deal with any potential increase in flow and loading which may occur as a result of the development.

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