Planning Minutes: 18 November 2010

Present:

Pla/127/11/10 Apologies for Absence

Apologies for absence were received from Councillor M Eyles.

Pla/128/11/10 Minutes

The minutes including:

1. Pla/102/10/10 to Pla/123/10/10 of the meeting of this Committee held on 21 October 2010; and
2. Pla/124/11/10 to Pla/126/11/10 of the meeting of this Committee held on 4 November 2010

were approved as a correct record of those proceedings.

Pla/129/11/10 Declarations of Interest

1. Councillor Patterson declared a personal and prejudicial interest in respect of item 6 (Application No 10/0746) on the green papers as his daughter worked in the head office of Sainsbury's and said he would take no part in the consideration or voting thereon.

2. Councillor Mrs Langan declared that as she had been unable to attend previous site visits or had not heard previous presentations she would abstain from voting on items 5, 7, 8 and item 1 (Application No 10/0523) on the green papers.

3. Councillor Fisher declared that he had been lobbied on item 1 (Application No 10/0523) on the green papers.

4. Councillor Mrs Lumley declared that she had been lobbied on item 1 (Application No 10/0523) on the green papers.

5. Councillor M Holliday declared a personal and prejudicial interest in item 9 on the agenda (TPO 122 Laburnum/Clyde House, Langwathby) as he knew the people concerned and said he would withdraw from consideration thereof.

6. Councillor Savage declared a person interest in item 5 on the agenda as he had a relative living in Sandford however this was not prejudicial. He also declared that he had been lobbied in respect of item 1 (Application No 10/0523).

7. Councillor Mrs Richardson declared a personal interest in items 6 and 7 as the applicants were known to her. She also declared that as she had been unable to attend previous site visits or had not heard previous presentations she would abstain from voting on items 5, 7, 8 and item 1 (Application No 10/0523) on the green papers.

8. Councillor G Boustead declared that as he had been unable to attend previous site visits or had not heard previous presentations he would abstain from voting on items 5, 7, 8 and item 1 (Application No 10/0523) on the green papers.

Pla/130/11/10 Appeal Decision Letters

The Committee considered report TS132-10 of the Director of Technical Services which detailed the list of decision letters received since the last meeting.

RESOLVED that the report be noted.

RESOLVED that item 9 on the agenda (TPO 122) be considered next on the agenda.

Councillor Holliday declared a personal and prejudicial interest in the following item of business and withdrew from the meeting during consideration thereof.

Pla/135/11/10 TPO 122, 2004, Laburnum Cottage/Clyde House, Langwathby Tree Work application 10/0893

The Committee received a presentation from Councillor G Nicolson in support of the application by Mrs Entwhistle.

The Committee considered report PP84/10 of the Director of Policy and Performance which had been requested to be discussed at Committee by the Leader of the Council. Members were informed about the proposed works to the tree, protected by Tree Preservation Order No 122 which was served in December 2004 and how it will affect the protected tree situated in the rear garden of Laburnum House, Langwathby.

Moved by Councillor M Davidson
Seconded by Councillor G Boustead

And RESOLVED that a site visit be undertaken.

Councillor Savage declared a personal interest in the following item of business as he had a relative living in Sandford. He declared that it was not prejudicial and he would take part in the discussion and vote thereon.

As Councillors G Boustead, Mrs Langan and Mrs Richardson had not seen previous presentations or taken part in the site visit to the following application they abstained from consideration or voting thereon.

Pla/131/11/10 Change of use from agricultural land to static holiday caravan park for 7 No caravans and new access Black Syke Farm, Sandford, Appleby-In-Westmorland Messrs J K and J Peart (Planning Application No: 10/0153)

The Committee considered report TS140-10 of the Director of Technical Services which allowed Members to further consider the application which had been subject to a presentation and a site visit at previous meetings. Members were provided with reasons for the possible refusal of planning permission.

RESOLVED that the application be REFUSED for the following reasons:

1. the proposal will result in an unacceptable visual intrusion in to the countryside, both by the siting of 7 caravans adjacent to Black Syke Farm and the associated works involved in the development of the site itself and the necessary formation of off site works (comprising the formation of two passing places), contrary to Eden Local Plan Saved Policy NE1: Development in the Countryside and Eden Core Strategy policies CS12: Principles for Economic Development and Tourism, CS15: Tourism and the Visitor Economy, CS16: Principles for the Natural Environment and CS18: Design of New Development.

2. The proposal would introduce a new commercial operation into a remote, inappropriate and unsustainable location in the countryside, and which would have an adverse impact on the hamlet of Sandford by reason of increased noise and disturbance by visitors accessing and exiting the site, contrary to Eden Local Plan Saved Policy NE1: Development in the Countryside and Eden Core Strategy policies CS1: Sustainable Development Principles, CS2: Locational Strategy, CS3: Rural Settlements and Rural Areas, CS12: Principles for Economic Development and Tourism, CS14: Employment Development in the Rural Areas, CS15: Tourism and the Visitor Economy, CS16: Principles for the Natural Environment and CS18: Design of New Development.

3. Insufficient information has been provided to enable the proper determination of the application in respect of the absence of a full ecological survey of the proposal to ensure that the implications for protected species are fully considered, contrary to Eden Core Strategy policy CS16: Principles for the Natural Environment.

Pla/13211/10 Dent Company, Unauthorised Haulage Depot, Greengill, Penrith Enforcement Progress Report

The Committee considered report TS130-10 of the Director of Technical Services which updated Members on the latest planning situation with regard to the unauthorised haulage depot at Greengill, Penrith operated by Dent Co. Members were reminded that the Committee have previously considered various enforcement progress reports and were advised that Dent Co. are subject to an existing enforcement notice that requires the company to stop using any part of the land as a road haulage depot and to remove from the land all vehicles and equipment brought onto the land for the purpose of that use by 3 December 2010, as confirmed by a Planning Inspector at appeal.

Moved by Councillor M Davidson
Seconded by Councillor H Sawrey-Cookson

that Committee notes the content of the report and that Officers be instructed to write to Dent Company advising that:

1. There still remains insufficient details on progress and therefore the Council cannot justify granting an extension in the time period for compliance to the enforcement notice;

2. The enforcement notice requirements must be carried in full by 3^rd December 2010 as otherwise a criminal offence may be committed;

3. In the event of non-compliance, the Council will seek further action starting with the consideration of prosecution proceedings against interested parties;

4. That the Council also reserves the right to take direct action to carry out the steps in the enforcement notice and seek to recover the costs against Dent Company in doing so.

Amendment by Councillor M Holliday
Seconded by Councillor W Patterson

That the report be deferred to the December meeting of this Committee and that Dents be invited to come and explain their position, in private in Part II of the meeting, to see if a positive outcome can be agreed.

A vote was taken when there were:

For the amendment: 2
Against it: 8

The amendment fell.

The original motion, on being put as the substantive motion, was carried when it was RESOLVED that:

Committee notes the content of the report and that Officers be instructed to write to Dent Company advising that:

1. There still remains insufficient details on progress and therefore the Council cannot justify granting an extension in the time period for compliance to the enforcement notice;

2. The enforcement notice requirements must be carried in full by 3^rd December 2010 as otherwise a criminal offence may be committed;

3. In the event of non-compliance, the Council will seek further action starting with the consideration of prosecution proceedings against interested parties;

4. That the Council also reserves the right to take direct action to carry out the steps in the enforcement notice and seek to recover the costs against Dent Company in doing so.

As Councillors G Boustead, Mrs Langan and Mrs Richardson had not seen the previous presentation on the following application they abstained from consideration or voting thereon.

Pla/133/11/10 Erection of horse walking enclosure building, The Quarters, Calthwaite for Mrs Walker (Planning Application No: 10/0660)

The Committee considered report TS131-10 of the Director of Technical Services which asked Members to further consider Planning Application No 10/0660 which was first considered at the meeting of this Committee held on 21 October, and to provide reasons for the possible refusal of planning permission.

RESOLVED that the application be REFUSED for the following reason:

1. The proposed horse walker enclosure building would result in an un-neighbourly and unsatisfactory form of development adversely affecting the amenities of neighbouring occupiers through its oppressive and overbearing nature and appearance, contrary to the Councils Core Strategy Policy CS18.

As Councillors G Boustead, Mrs Langan and Mrs Richardson had not seen the previous presentation on the following application they abstained from consideration or voting thereon.

Pla/134/11/10 Outline planning application for the erection of an Agricultural Workers Dwelling, land between Sycamore Rise and Winder Barn, Great Asby for Mr A Sowerby (Planning Application No: 10/0477)

The Committee considered report TS129-10 of the Director of Technical Services which asked Members to further consider Planning Application No 10/0477 which was first considered at the meeting of this Committee held on 21 October 2010, and to provide conditions to be attached to the possible approval of planning permission should it be granted.

RESOLVED that the application be APPROVED subject to the following conditions:

1. The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of reserved matters to be approved, whichever is the later;

2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of thee years from the date of this permission;

3. Approval of the details of the scale, layout, and external appearance of the building(s), means of access thereto and the landscaping of the site (called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced;

4. The development hereby granted shall be carried out strictly in accordance with the details and amended plans hereby approved (drawing Nos 1 to 3 and dated received 4 June 2010) and shall not be varied other than by prior agreement in writing by the Local Planning Authority;

5. The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 336(1) of the Town and Country Planning Act 1990, or in forestry, or a widow or widower of such a person, and to any resident dependants;

6. That notwithstanding the details shown on the approved plans, the gross floor area of the agricultural workers dwelling and associated accommodation hereby approved shall be limited to not more than 150 square metres in total as ascertained by external measurement;

7. The development shall not commence until visibility splays providing clear visibility of 45m x 2.4m x 45m metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to be grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded;

8. Access gates, if provided, shall be hung to open inwards only away from the highway;

9. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to the development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter;

10. The access drive shall be surfaced in bituminous or cement bound materials, or otherwise bound and shall be constructed and completed before the development is occupied/brought into use;

11. Details showing the provision of a vehicle turning space within the site, which allows vehicles visiting the site to enter and leave the highway in a forward gear, shall be submitted to the Local Planning Authority for approval. The development shall not be brought into use until any such details have been approved and the turning space constructed. The turning space shall not thereafter be used for any other purpose;

12. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority;

13. There shall be no interference with the public right of way over Footpath No 304023;

14. Prior to the occupation of the dwelling house hereby approved, the boundary wall fronting the public highway shall be realigned and completed in full to accommodate the visibility splay required under condition 7 above. Prior to the commencement of the rebuilding of the boundary wall, the developer shall provide a sample panel showing the material, form and section of the proposed wall for the agreement in writing of the Council as Planning Authority. Thereafter, the boundary wall shall be constructed strictly in accordance with the agreed sample panel.

Reasons

1. In order to comply with the provisions of the Town and Country Planning Act 1990.

2. In order to comply with the provisions of the Town and Country Planning Act 1990.

3. The application is in outline form only and is not accompanied by full detailed plans.

4. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

5. The site is within an area where the policy of the Local Planning Authority is not to permit residential development and the condition is designed to ensure that the proposed dwelling is available to meet the agricultural or forestry need for which the exception was made.

6. To ensure that the agricultural workers dwelling remains subsidiary to the existing farmhouse in accordance with the established practice of the Council and respective terms of the Housing SPD.

7. In the interests of highway safety and to support Local Transport Plan Policies: S3, LD7.

8. In the interests of highway safety and to support Local Transport Plan Policies: S3, LD9, LD11.

9. In the interests of highway safety and environmental management and to support Local Transport Plan Policies: S3, LD9, LD7.

10. In the interests of highway safety and to support Local Transport Plan Policies: S3, LD7, LD5.

11. To ensure that provision is made for vehicle turning within the site and in the interests of highway safety and to support Local Transport plan Policies: S3, LD7, LD5.

12. In the interests of road safety and to support Local Transport plan Policies: S3, LD7, LD11, LD5.

13. To ensure that the public footpath remains unobstructed.

14. To ensure that the boundary wall fronting the public highway is reconstructed in a form and appearance which harmonises with the area on the southern approach to the village of Great Asby.

Pla/136/11/10 Applications Determined under Officer Delegated Powers for the Month of October 2010

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in October 2010 under powers delegated to him as detailed in agenda item 10a.

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of October 2010 attached to these minutes as Appendix 1(PDF: 43 Kb / 6 pages)be noted.

Pla/137/11/10 Reasons for Refusal on Delegated Decisions for the Month of October 2010

The Committee considered the reasons for refusal on delegated decisions for the month of October 2010 as detailed in agenda item 10b.

RESOLVED that the report be noted attached to these minutes as Appendix 2 (PDF: 146 Kb / 4 pages).

Pla/138/11/10 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of October 2010

The Committee was advised of the following decisions of the Lake District National Park Authority in respect of the applications for planning permission for the month of October 2010 as detailed in agenda item 10c.

RESOLVED that the list of decisions of the Lake District National Park Authority be noted attached to these minutes as Appendix 3 (PDF: 12 Kb / 1 page).

Pla/139/11/10Planning Applications - Committee Decisions

The Committee was advised of the applications requiring a decision by Members as detailed in a report of the Director of Technical Services.

RESOLVED that:

1. the following applications for planning permissions ("those applications") are determined as indicated hereunder;

2. those applications which are approved be approved under the Town and Country Planning Act, 1990, subject to any detailed conditions set out in the Report, to any conditions set out below and to any conditions as to time stipulated under Sections 91 and 92 of the Act;

3. those applications which are refused be refused for the reasons set out in the report and/or any reasons set out below;

4. those applications which the Director of Technical Services is given delegated powers to approve under the Town and Country Planning Act, 1990, be approved by him subject to any detailed conditions set out in the Report, to any conditions as to time stipulated under Sections 91 and 92 of the Act, to the receipt of satisfactory replies.

As Councillors G Boustead, Mrs Langan and Mrs Richardson had not taken part in the site visit to the following application they abstained from consideration or voting thereon.

Pla/140/11/10 Retrospective Application for a Change of Use of Barn to Stabling of Horses and Livery and Proposed Creation of Hardstanding at The Grange, Ivegill for Mr A Fisher (Planning Application No: 10/0523)

The Committee received a presentation from Mr Chown objecting to the application.

The Committee received a presentation from Mr P Winter, the applicants agent, in support of the application.

RESOLVED that the application be APPROVED subject to the following conditions:

1. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (details and plans received 23 June and 18 August 2010) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

2. Of the 29 stables within the control of the applicant, 3 stables shall be for the applicant's own personal use. Within one month of the date of this permission, a plan shall be provided to the Local Planning Authority identifying the said 3 stables. These stables shall be retained thereafter.

Reasons

1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
2. To protect the privacy and amenity of the neighbouring residential properties.

Pla/141/11/10 Construction of Single Storey Extensions to Side and Rear Elevations at 11 Juniper Way for Miss V Shearer (Planning Application No: 10/0625)

The Committee received a presentation from Mr P Young objecting to the application.

The Committee received a presentation from Mr C Davidson, the applicant's agent, in support of the application.

RESOLVED that the application be APPROVED subject to the following conditions:

1. The development permitted shall be begun before the expiration of three years from the date of this permission.

2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing no's 10-24-03A and 10-24-02A received 2 September 2010) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no windows or other openings (other than those shown on the submitted plans) shall be formed in the walls or roof of the extension hereby approved.

Reasons

1. In order to comply with the provisions of the Town and Country Planning Act 1990.

2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

3. To protect the living conditions of neighbouring properties and the visual appearance of the area.

Pla/142/11/10 Proposed Alterations Comprising Single Storey Side and Two Storey Rear Extension No 2, Moorside, Yanwath, Penrith for Ms W Meredith (Planning Application No: 10/0648)

RESOLVED that the application be APPROVED subject to the following conditions:

1. That development permitted shall be begun before the expiration of three years from the date of this permission.

2. That development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing numbers 110/119/03 rev B, 110/119/04 rev B, 110/119/05 rev B received 22 July 2010 and 110/119/06 received 6 September 2010 and shall not be varied other than by prior agreement by the Local Planning Authority.

Reasons:

1. In order to comply with the provisions of the Town and Country Planning Act 1990.

2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Councillor Mrs D Richardson declared a personal and prejudicial interest in the following item of business as her parents ran a business in the vicinity.

Pla/143/11/10 Change of Use From Industrial to Residential Flats, Units 1-3 York Street, Penrith for Mr K Johnson (Planning Application No: 10/0496)

RESOLVED that a site visit be undertaken to enable Members to see the area.

Pla/144/11/10 Installation of 18 Metre Wind Turbine at Kirkbarrow Hall, Greystoke for Mr A Dickinson (Planning Application No: 10/0723)

Members were advised that the application had been withdrawn.

The meeting was adjourned at 11.05am before recommencing at 1.30pm.

As Councillor Patterson had declared a personal and prejudicial interest in the following item of business as his daughter worked for the head office at Sainsbury's, his place during this part of the meeting was taken by Councillor G R Savage.

Pla/145/11/10 Application for Planning Permission for Development of a Mixed Use Scheme Including Retail Superstore, Retail Development, Housing, Restaurants, Cafes, Building Societies, Office Access Roads, Car Parks, Engineering Operations and Use of Squares for Events / Markets as Permitted Under Approval Ref: 05/0954, but Incorporating Changes to the Alignment of the Retail Units Along the Newly Formed Brewery Lane Link, Revisions to the Elevations of Buildings; Changes to Car Parking Provision; Changes to the Phasing of Development and a Reduction in the Number of Housing Units to be Provided at Southend Road, Penrith for Sainsbury's (Planning Application No: 10/0746)

The Committee received a presentation from Mrs J Hunter objecting to the application.

The Committee received a presentation from Miss M Clarke objecting to the application.

The Committee received a presentation from Mr M Oliver objecting to the application.

The Committee received presentations from Mr Bob May, a Town Planning Consultant for Sainsbury's, Mr Chris Hargreaves, a Transportation Consultant for Sainsbury's and Mr Paul Miller from Sainsbury's in support of the application.

RESOLVED that the application be APPROVED subject to referral of the application to the Government Office North West and to:

1. the receipt of satisfactory amended plans showing revised design detail; and
2. a S106 Agreement containing satisfactory provisions for the delivery of:
   1. Affordable housing (49 initially discounted market units)
   2. A Car park management scheme
   3. A CCTV scheme (agreed before occupation)
   4. The construction and commissioning of public toilets before first opening of the food store (and maintaining them thereafter)
   5. The provision of toilet and signage (and maintenance thereof)
   6. A Town Centre signage scheme
   7. A contribution of £60,000 towards the cost of any Traffic Regulation Order or parking restrictions required by the County Council
   8. Wetheriggs Country Park works (and maintenance contribution)
   9. The provision of Princes Square
   10. The renovation of the Two Lions necessary to bring it to commercial re-use and providing street elevation to Block X
   11. A Travel Plan
3. subject to the following conditions:

Standard Time

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.

Development in accordance with Approved Plans

2.      The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved Reference [plan reference numbers] and shall not be varied other than by prior agreement in writing by the local planning authority.

Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Phasing Plan

3.      Prior to the commencement of development a scheme of phasing of the implementation of the development shall be submitted to and approved by the local planning authority. The scheme of phasing shall ensure that an appropriate number of car and coach parking spaces are maintained within the development at all times. The development shall be carried out in complete accordance with the approved phasing scheme unless variation is first agreed in writing by the local planning authority. Reason - To ensure that the development is undertaken in an orderly manner and that existing town centre is adequately served by car parking and that linkages with the town centre are maintained throughout the course of the development in the interest of protecting the viability and vitality of the existing town centre in accordance with Policy CS23 of the Eden Core Strategy.

Direct routes of access to and from the site for private and contractors traffic must be identified and direction signage provided and maintained throughout.

Reasonable access between the supermarket and the town centre shall be maintained at all times along a specified route to be agreed in advance of any works and at all times throughout construction, this shall be appropriately signed and where within the development site it shall be maintained in a safe condition for public use

Supermarket size

4.      The supermarket hereby approved shall be limited in floor area of 5109 sq m (55,000ft sq) gross internal area, which shall be divided between 3709 sq m of convenience sales floorspace and 1400 sq m ancillary comparison sales floorspace. Prior to the first opening of the supermarket a plan shall be submitted to and approved by the local planning authority showing how the floorspace will be distributed in accordance with these proportions and the supermarket shall be laid out in accordance with this plan. Thereafter the floor area devoted to convenience and comparison retail goods shall not be increased and no additional internal floorspace or mezzanine shall be created without the express written consent of the local planning authority, although the floor plan may be changed without any requirement for consent. For the purposes of this condition and to calculate the net floorspace, retail floorspace includes those areas to which customers have access, apart from the foyer area, checkouts, toilets, café and customer service desk. The term 'comparison goods' extends to all goods apart from food, drink, tobacco, newspapers, magazines, toiletries and personal hygiene products, soaps and cleaning materials.
Reason - To ensure the floor space of the supermarket is within justifiable limits in the interest of protecting the viability and vitality of the existing town centre and all defined centres, in accordance with Policy CS23 of the Eden Core Strategy.

Hot Food Takeaway units

5.      None of the units hereby permitted shall be used as a hot food takeaway or drinking establishment (uses that fall within Class A4 and A5 of the Town and Country Planning Use Classes Order (2005). No unit or part of a unit hereby approved shall be used for restaurant or café use (a use falling within Class A3 of the Use Classes Order until the following information has been submitted to and agreed by the local planning authority: i) The proposed hours of operation ii) Details of ventilation systems iii) Details of noise mitigation measures iv) Details of proposed servicing arrangements.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS23 of the Eden Core Strategy.

Materials samples

6.      Samples of the materials to be used for the external surfaces of the development, including materials to be used for all buildings and roofs of buildings and their windows, and detailed drawings at 1:20 scale showing details of construction methods to adequately deal with rainwater shall be submitted to and approved in writing by the Local Planning Authority before development commences on any Block of the development, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Sample panels of the materials proposed shall be displayed on site, or at an agreed location, for approval by the Local Planning Authority and approved before the development is commenced. The sample panels shall be retained on site until the work is completed in accordance with the approved plans.
Reason - To ensure that the materials harmonises with the surroundings in accordance with Policy CS18 of the Eden Core Strategy.

Artwork

7.      No part of the development shall be occupied until there has been submitted and approved in writing by the local planning authority full details of the artwork, art media and other features to be provided within the development. These details are to include future provision of artwork and their maintenance and the development shall be carried out in complete accordance with the approved scheme.
Reason - To ensure that such features of the development complement the style and character in accordance with Policy CS18 of the Eden Core Strategy.

Obscure glazing

8.      The proposed windows shown to be obscurely glazed on the approved drawings shall be fitted with non-opening or top-hung windows fitted with obscure glazing in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority before any part of the development is occupied. The development shall be carried out in accordance with the approved details and shall be permanently retained.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Landscaping - general

9.      No development shall be occupied until full details of both hard and soft landscape works, including a phased programme of works, have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out in the first planting season following occupation of any part of the development or in accordance with the programme agreed by the Local Planning Authority. Any trees or other plants which die or are removed within the first 15 years following the implementation of the landscaping scheme shall be replaced during the next planting season.
Reason - To ensure that the development is landscaped in the interest of the visual character and appearance of the area in accordance with Policy CS18 of the Eden Core Strategy.

Block N

10.    Block N as specified on the approved drawings shall maintain entrances from the main 'Common Garden Square and from Kilgour Street in accordance with details that has been submitted to and approved by the local planning authority prior the occupation of the unit. Thereafter access to the retail unit shall be in maintained in accordance with the approved details.
Reason - In the interest of the vitality of the retail frontages on both frontages in accordance with Policy CS23 of the Eden Core Strategy.

Side passageways

11.    Prior to the occupation of any retail units on the site full details of all gates to be fitted to side access ways and passageways between Blocks shall be submitted to and approved by the local planning authority and the development shall be carried out in full compliance with the approved details. The detail to be submitted shall include a scheme for the management and closure of newly created alleyways and recessed areas during the evening and night time hours including the mechanical means to be employed, hours of closure, and a management plan for the implementation of these measures.
Reason - To safeguard safety of the public in accordance with secured by design principles in accordance with Policy CS18 of the Eden Core Strategy.

Archaeology

12.    An archaeological watching brief shall be undertaken by a qualified archaeologist in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority in advance of the permitted development.
Reasons - To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the investigation and recording of such remains.

13.    A programme of archaeological post-excavation assessment and analysis of all the archaeological material recovered by the archaeological investigations of the site, the preparation of a site archive ready for deposition at a store, the completion of an archive report, and the submission of the results to a suitable journal as approved beforehand by the Local Planning Authority (LPA) shall be carried out within two years of the date of commencement of the hereby permitted development or otherwise agreed in writing by the LPA.
Reason - To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

Drainage

14.    The proposed development shall be in accordance with the details outlined in the Penrith New Squares Flood Risk Assessment (FRA) prepared by WA Fairhurst & Partners and submitted with the application dated October 2005, the FRA Addendum Report dated 7 March 2005 and the Hadfield Cawkwell Davidson Penrith New Squares FRA and the FRA Addendum Report dated June 2010.
Reason - To ensure that the development is subjected to the minimum risk of flooding in accordance with Policy CS1 and CS4 of the Eden Core Strategy.

15.    No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been approved by the Local Planning Authority. The scheme shall be completed in accordance with the Hadfield Cawkwell Davidson Penrith New Squares Drainage Strategy dated 20 August 2010 and the Penrith New Squares FRA Addendum Report dated June 2010 and any approved plans.
Reason -To ensure that the development is subjected to the minimum risk of flooding in accordance with Policy SE1 of the Eden Local Plan and Policy CS4 of the Eden Core Strategy. (See supplemental advice).

16.    There should be no drainage of surface water from anywhere on the Penrith New Squares site into the existing Dog Beck culvert.
Reason - To ensure that the development is subjected to the minimum risk of flooding in accordance with Policy SE1 of the Eden Local Plan and Policy CS4 of the Eden Core Strategy.

17.    Measures to prevent any possible pollution, discharges or run-off reaching the River Eden via Thacka Beck during construction phase and future use of the site shall be established and maintained in order to avoid any significant effect on the interest features of the SAC (Special Area of Conservation). In particular care should be taken to ensure that there is no risk of pollution or siltation arising from the working area reaching Thacka Beck.
Reason - To ensure that there is no risk of any contamination reaching the River Eamont via Thacka Beck in accordance with Policy CS1 and CS4 of the Eden Core Strategy.

Highways

18.    The carriageway, footways, footpaths, cycleways etc shall be designed, constructed, drained to the satisfaction of the Local Planning Authority and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. Any works so approved shall be constructed before the development is complete.
Reason - To ensure a minimum standard of construction in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7, LD8.

19.    Before any of the approved buildings are occupied the new access roads as detailed on Drawing No. ARCH/2009-282/P010 and off-site highway improvements referred to in the Transport Assessment reference no. N01836 (August 2010) and Transport Assessment reference no. R/I/D/58399/08 (May 2006) shall be completed in accordance with such details that form part of an agreement with the Highway Authority under Section 278 of the Highway Act 1980, unless otherwise agreed in writing with the local planning authority. Reason - To ensure that the highway network can accommodate the traffic associated with the development. To support Local Transport Plan Policies: LD5, LD6, LD7.

20.    The use shall not be commenced until the parking and servicing requirements have been constructed in accordance with the approved plans. Any such parking and servicing provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.
Reason - To ensure a minimum standard of access, parking and servicing provision when the development is brought into use.

Highways Agency

21.    No development pursuant to this planning application shall be brought into its intended use unless and until the full design and construction details for the improvements to the A66 Kemplay Bank Roundabout shown in outline drawing N01836/101 Revision F prepared by the transportation consultants, Savell Bird and Axon and dated September 2010, have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Agency. The details to be submitted shall include:

1. how the scheme interfaces with the existing highway alignment, details of the carriageway markings and lane destinations,
2. full signing and lighting details,
3. confirmation of full compliance with the current Departmental Standards (DMRB) and Policies (or approved relaxations/departures from standards),
4. An independent Stage Two Road Safety Audit (to take account of any Stage One Road Safety Audit recommendations) carried out in accordance with current Department Standards (DMRB) and Advice Notes.

Reason - To ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980, maintaining the safety of traffic on the road.

22.    No development shall be brought into its intended use, unless and until the highway improvements, in accordance with the above, have been implemented to the satisfaction of the local planning authority in consultation with the Highways Agency.
Reason - To ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980, maintaining the safety of traffic on the road.

Noise

23.    The installation of fixed plant shall be such as to provide sound attenuation such that the noise emitted from fixed plant on the development site, to include every individual retail and commercial unit, shall not exceed the lowest measured night time background level (39dB(A) 2300 to 0700 hours) and lowest measured daytime level (45dB(A) 0700 to 2300 hours) by more than +5dB in accordance with BS4142:1997 at any noise sensitive receptor. The noise level shall be determined 1 metre from a façade containing a bedroom window. Verification in writing that this has been achieved shall be submitted to the local planning authority prior to any of the units or superstore being brought into use. Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

24.    Development shall not commence on any individual building until a scheme of sound attenuation between residential (existing and proposed) and any commercial/retail uses has been submitted and approved in writing by the LPA. The scheme approved shall be fully implemented before any of the proposed residential dwellings are occupied.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

25.    Development shall not commence on any individual building until a scheme of sound attenuation between residential (existing and proposed) and car parking areas has been submitted and approved in writing by the LPA. The scheme approved shall be fully implemented before any of the proposed residential dwellings is occupied.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Opening hours of store

26.    The operating hours of the retail superstore shall be limited to the following: Supermarket trading: 0700 to 2300 Mon - Sat and 1000 to 1600 Sunday. Deliveries 0700 to 2300, Mon - Sat and 1000 to 1600 Sunday. Home Shopping 0800 to 2100, Mon - Sat and 0900 to 1200 Sunday. The operating hours of all other retail units shall be limited to the following: Trading hours: 0700 to 2300 Mon - Sat and 1000 to 1600 Sunday. Deliveries: 0700 to 2300 Mon - Sat and 1000 to 1600 Sunday.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Service Yard Management

27.    A Service Yard Noise Management Plan shall be submitted to and approved by the local planning authority prior to the first use of the retail units and supermarket hereby approved. Thereafter servicing shall be undertaken in complete accordance with the approved Management Plan. This Plan shall include:

• An impact assessment of all the likely noise sources upon the nearest noise sensitive dwellings
• Measures to be taken to ensure that noise from the Service Yard area shall not exceed the lowest measured night time background level (39dB(A) 2300 to 0700 hours) and lowest measured daytime level (45dB(A) 0700 to 2300 hours) by more than +5dB in accordance with BS4142:1997 at any noise sensitive receptor. The noise level shall be determined 1 metre from a façade containing a bedroom window.
• Verification in writing that this has been achieved shall be submitted to the local planning authority prior to the service yard being brought into use.
• Provision that delivery vehicles shall not use reversing alarms in the delivery areas between the hours of: 0700-0900 Mon- Sat and 1900-2300 Mon-Sat. At these times a non-audible alternative shall be used.

Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Recycling

28.    The recycling centre must be closed and gated during the hours of 1900- 0800 and the collection and replacement of recycling containers, shall be limited to 0800 to 1800 Monday to Friday and 0900 to 1700 Saturday.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Noise

29.    Development shall not begin until a scheme for protecting the proposed residential accommodation from noise from existing and future road traffic has been submitted to and approved by the LPA; all works which form part of the scheme shall be completed before the residential accommodation is occupied. - Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

30.    Development shall not commence on Blocks M and N until a scheme of sound attenuation between the proposed residential dwellings above retail unit 25 and Toppers night club has been submitted and approved in writing by the LPA. The scheme approved shall be fully implemented before any of the proposed residential dwellings is occupied.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Construction Work

31.    Prior to the commencement of each identifiable development phase a Construction Noise and Vibration Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan thereafter agreed shall be implemented in the approved manner. The Plan shall be submitted to the LPA no less than 28 days prior to work commencing.
Reason - To minimise disturbance and disamenity to residents from noise and vibration associated with construction/demolition works in accordance with Policy CS18 of the Eden Core Strategy.

A3 Uses

32.    Each premises/unit granted use for Use Class A3 shall have equipment installed to suppress and disperse fumes and/or smell produced by cooking and food preparation, and the equipment shall be effectively operated for so long as the use continues. Details of the equipment shall be submitted to, and approved by, the Local Planning Authority and the equipment shall be installed and be in full working order to the satisfaction of the Local Planning Authority prior to the commencement of use.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Ground Contamination

33.    Site Characterisation

Development shall not commence until additional investigation and risk assessment, in addition to any assessment provided with the planning application, is completed in accordance with a scheme to assess the nature and extent of any contamination on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

1. a survey of the vertical and lateral extent, scale and nature of contamination;
2. an assessment of the potential risks to:
   • human health,
   • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,
   • adjoining land,
   • groundwaters and surface waters, including culverted sections of watercourse,
   • ecological systems,
   • archaeological sites and ancient monuments;

• the approved Remediation Specification, Sirius Report C2804 July 2008 shall be reviewed and revised in light of the findings of this additional investigation and risk assessment.

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

34.    Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. Until such documentation has been agreed with the Local Planning Authority the relevant phase of site shall not be occupied. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

35.    Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3.

36.    Importation of soils

Any soil/material to be imported to site for use in garden areas, soft landscaping, public open spaces, filling and level raising shall be tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material shall be submitted to and approved by the Local Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by risk assessment) and source material information. The assessment shall then be carried out and validated evidence submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with the provisions of PPS23 'Pollution Control'.

Construction Dust

37.    During the demolition and construction phase of the development, the developer shall ensure that dust arising from these activities does not adversely affect neighbouring premises. Details of a proposed scheme of dust control shall be agreed in writing with the Local Planning Authority prior to the commencement of demolition on the site.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Air Pollution

38.    A local scale air quality dispersion modelling study (an Air Quality Assessment), shall be undertaken and submitted to the LPA prior to the occupation of any part of the development in respect to nitrogen dioxide and particulates. The assessment shall take account of the Air Quality (England) Regulations 2000 as amended and the guidance set out in the Local Air Quality Management Technical Guidance LAQM.TG(09) published by Defra. The Air Quality Assessment shall include all road networks which will be affected by the proposed development (the study area) as identified in the Penrith New Squares Transport Assessment 2010 any subsequent Transport Assessments prior to the scheme commencing.

39.    The Air Quality Assessment shall demonstrate the likely changes in air quality as a result of the proposed development. In particular it shall (a) assess the existing air quality in the study area (existing baseline) (b) predict the future air quality without the development in the study area(future baseline) (c) predict the future air quality with the development in place in the study area (with development). The Air Quality Assessment including model verification shall take account of nitrogen dioxide (NO2) monitoring data obtained by Eden District Council during 2010. Should the assessment identify that an exceedance of the nitrogen dioxide and/or the particulates air quality objectives as set out in the Air Quality (England) Regulations 2000 and the Air Quality (England)(Amendment) Regulations 2002 due to the development is likely during it's opening year and after each phase of the development is complete, the assessment shall set out mitigation measures that will be necessary to ensure the development does not cause an exceedance of the air quality objectives. The mitigation measures will be implemented within a timescale agreed by the LPA. The assessment shall be subject to the written approval of the LPA.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Refuse Collection and Litter

40.    Prior to each premises being brought into use for the purpose hereby permitted, a scheme providing adequate storage of refuse from this use shall be submitted to and approved by the local Planning Authority. The scheme shall be carried out and thereafter retained at all times, unless as otherwise agreed by the local planning authority.
Reason - In the interests of the amenity of occupiers of adjoining properties in accordance with Policy CS18 of the Eden Core Strategy.

41.    The use hereby permitted shall not commence until provision has been made within and in the vicinity of the site for the disposal of litter resulting from the use and such provision shall be in accordance with details agreed in writing with the Local Planning Authority.
Reason - To protect the amenity of existing and proposed residents in accordance with Policy CS18 of the Eden Core Strategy.

Waste Management Plan

42.    A Waste Management Regime Plan shall be submitted to and approved by the Local Authority prior to the occupation of any unit on the site, the Regime Plan shall cover methods of waste disposal and recycling of waste throughout the retail and residential parts of the development and the approved Plan shall be implemented in full upon completion of the development works, unless as otherwise agreed in writing by the local planning authority.
Reason - To ensure there is a satisfactory regime for the management of waste in accordance with Policy CS18 of the Eden Core Strategy.

External Lighting

43.    Notwithstanding the details submitted with the application full details of all external lighting of the site shall be submitted to, and approved in writing by, the Local Planning Authority prior to the occupation of any part of the development. This information shall include a layout plan with beam orientation and a schedule of equipment used in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operating in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation.
Reason - In the interest of amenity, to ensure local residents are protected from potential light nuisance and to ensure that lighting levels complement and support the CCTV system that will operate in the area in accordance with CS18 of the Eden Core Strategy.

Sustainability

44.    The measures included within the application designed to reduce carbon emission and maximise energy generation on the site that has been submitted to and approved by the local planning authority, including measures for rainwater harvesting and re-use systems; solar panels; biomass heat generation; insulation and use of recycled and recyclable materials shall be incorporated into the development hereby permitted as it is constructed and shall not be removed or altered in any way without the prior written consent of the local planning authority.
Reason - To ensure that the development minimises energy use and maximises the use of energy-efficient technologies and energy from renewable sources in accordance with Policy CS19 of the Eden Core Strategy.

Great Dockray

45.    Prior to the opening of the supermarket hereby approved full details shall be submitted to and approved by the local planning authority the improved pedestrian crossing over Great Dockray as shown on the submitted layout plan. This shall include the provision of raised pedestrian tables across the highway. The approved details shall be carried out in full prior to the opening of any unit in Phase 1B of the development.
Reason: to facilitate ease of movement between the town centre and the approved development in accordance with Policy CS5 of the Eden Core Strategy.

Works to Trees

46.    The existing trees on the site shall not be lopped, felled or otherwise affected in any way (including raising or lowering soil levels under the crown spread of the trees) and no excavation shall be cut under the crown spread of the trees without the prior written permission of the Local Planning Authority.
Reason - To safeguard the trees in the interest of visual character and appearance of the area in accordance with CS18 of the Eden Core Strategy.

Shop fronts

47.    Notwithstanding the submitted details provision for shop security open lattice shutters shall be made within the building shell of every Block so that shutters can be mounted on the inside of shop windows.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

48.    All shop fronts including pilasters, console brackets and fascia panels approved within this development shall conform precisely to the details shown on the drawings hereby approved. Prior to the fitting of each shop front a drawing at 1:20 scale shall be submitted to and approved by the local planning authority showing the means of construction, materials, joints depth of window reveals and depth of door set back. The shop front shall then be fitted completely in accordance with the details approved.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

49.    Within 12 months of that date of this permission a palette of colours shall be submitted to for the approval of the local planning authority from which the colour of the shop front, building and other detailing, including gloss work and render colours shall be chosen. Prior to the completion of each Block hereby approved the colour specification to be used for the front elevation of the Block, drawn from this palette of colours, shall be submitted to and approved by the local planning authority, and the building shall be coloured in accordance with the approved colours unless prior written consent is given for any variation. Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

Street Furniture and Art Railings

50.    Within 12 months of that date of this permission full detail shall be submitted for the approval of the local planning authority of street furniture including seating, art work, decorative art work railings, children's play equipment, information boards, street signs, litter bins, lighting columns and fittings, vehicle access controls and the means for protection of public buildings. The detailed design of the decorative gates and artwork shall be submitted at 1:20 scale and a sample of the artwork shall also be provided. The approved details shall be implemented in full prior to the opening of any unit on Phase 1B of the development unless the prior written consent of the local planning authority is given.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

Windows

51.    Within 12 months of that date of this permission details at 1:20 scale shall be submitted for approval by the local planning authority showing the detail of all windows to be fitted within the development. For windows on front elevations of buildings and those that will be open to view from public areas these shall be timber framed, sliding sash and case windows and shall be recessed in accordance with the approved plans with a minimum 150mm recess. The windows shall then be fitted in full accordance with the approved details. Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

MSCP closure

52.    The upper floor of the multi story car park hereby approved shall be closed and the lighting switched off between the hours of 22.30 and 07.00.
Reason - to achieve a satisfactory form of development in the interests of visual and residential amenity and in accordance with Policy CS 18 of the Eden Core Strategy.

Blocks T and V

53.    Prior to the commencement of the use of Blocks T and V (Supermarket and Car Park) the roof of each Block shall be painted or otherwise coloured in accordance with a scheme that has been submitted to and approved by the local planning authority, and the colour scheme shall be maintained in the approved colour unless the written consent of the local planning authority has been obtained.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

Public Toilets

54.    The public toilets shall be open for use by the public at all times when the supermarket is open for trading.
Reason - to ensure adequate provision is made for replacement toilets in accordance with the Planning Brief 2002.

Signage

55.    Prior to the opening of the supermarket for trading details shall be submitted to and approved by the local planning authority of the position and detail of signage directing the public to the public toilets. The approved signs shall thereafter be displayed in the approved positions and not altered unless the prior written consent of the local planning authority is obtained.
Reason - to ensure adequate provision is made for replacement toilets in accordance with the Planning Brief 2002.

Safeguard safety wall

56.    Within 12 months of that date of this permission, and notwithstanding the submitted details (which shows bollards) details of a wall to be constructed between the car park behind Block A and B and the footpath running from Castle Hill Road to Block C shall be submitted to and approved by the local planning authority. The wall shall be constructed as approved prior to the opening of Phase 1B and shall be retained thereafter.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

Materials - detail

57.    Notwithstanding the submitted details the eastern (front) elevation for the supermarket portico entrance and colonnade shall be faced in stone, and not artstone as shown on the submitted drawings. Full details of the proposed material shall be submitted in accordance with this condition for the approval of the local planning authority. The details shall include a sample panel of the material and detailed drawings at 1:20 scale showing details of jointing methods and for exclusion of rainwater penetration to the building facade.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

58.    Notwithstanding the submitted details the public facing elevations of Block G shall be faced in stone and render panels (not artstone). Full details of the proposed material shall be submitted in accordance with this condition for the approval of the local planning authority. The details shall include a sample panel of the material and detailed drawings at 1:20 scale showing details of jointing methods and for exclusion of rainwater penetration to the building facade. Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

Blocks R and S and P

59.    Full details of the walls and railings enclosing the front and sides of Blocks R,S and P shall be submitted to and approved by the local planning authority and the approved detail shall be carried out in full prior to the occupation of each Block unless the prior written agreement of the local planning authority has been given.
Reason - to achieve a satisfactory form of development in accordance with Policy CS 18 of the Eden Core Strategy.

And

d)      Delegated powers be given to the Director of Technical Services as he may consider to be necessary or appropriate to amend, delete or add to the conditions and S106 requirements listed above prior to the issue of planning permission.

Pla/146/11/10Confirmation of Site Visits

Members were advised that the site visit meeting would take place on Thursday 2 December 2010.

Pla/147/11/10 Date of Next Meeting

The next scheduled full meeting of this Committee will take place on 16 December 2010.

The meeting closed at 4pm