DEVELOPMENT CONTROL AND REGULATION COMMITTEE 22 October 2008

A Report by the Head of Environment _____________________________________________________________________ Application No 1/08/9017 District Carlisle Applicant Cumbria County Council Parish Brampton

Date of Receipt 3 June 2008

_____________________________________________________________________ PROPOSAL Amalgamation of infant & junior schools, to include new nursery, new

main entrance, extension to existing hall, classroom extension, extended car park and extended hard play area including retaining wall to junior school; Brampton Junior School, Sawmill Lane, Brampton, Cumbria, CA8 1BZ

_____________________________________________________________________

RECOMMENDATION 1.1 That planning permission is granted for the reasons stated in Appendix 1 and

subject to the conditions specified in Appendix 2.

2.0 THE PROPOSAL 2.1 This is a proposal to relocate Brampton Infant School to the existing 1.85 hectare

Brampton Junior School site to form a Primary School on the one site at Sawmill Lane. Vehicular and pedestrian access to the site is via Sawmill Lane, which is accessed by Union Lane and pedestrian access to the site can also be gained via Moat Steet. The Infant School, which comprises infant and nursery pupils, is currently located at Moat Street, adjacent to the pedestrian access at the southern boundary of Brampton Junior School site.

2.2 The amalgamation proposes:

• the provision of a new purpose built nursery facility with separate entrance, secure external play area and direct links to the Infant accommodation;

• three additional classrooms;

• a new main entrance and reception, staff and office accommodation, with existing staff accommodation to be adapted to provide SEN facilities;

• an extension to the existing hall accommodation;

• storage facilities to replace that provided by a temporary container and existing garage currently located in and adjacent to the car park;

• an extended car park to include provision for disabled parking which currently does not exist at the site;

• reconstruction of the existing pedestrian and vehicluar site accesses to improve the segregation between pedestrians and vehicles;

• an extended hard play area and the provision of a retaining wall to the Junior School.

2.3 The Junior School, located on a site that generally slopes downhill from north to south, comprises gross internal floorspace of 1275 square metres, currently consists of a series of single storey flat and mono-pitched roofed buildings arranged around a central hard play area, with additional hard play areas adjacent to the eastern and southern elevations and car parking at the main entrance on the north elevation, accessed by Sawmill Lane. The proposed extensions would provide an additional 897 square metres of internal floorspace.

2.4 The proposed nursery facilities would replace the hard play area along the southern elevation of the school and would have direct links to the existing classrooms, which would be used for Infant teaching. The building would be single storey and measure 15 metres by 19 metres in plan and 3.8 metres high

with a pitched roof. On its south eastern elevation would be a covered play area and an outdoor secure play area.

2.5 The proposed three additional classrooms would be constructed between the existing central hard play area and the courtyard. This would require the removal of three existing immature ornamental Cherry trees. The mono-pitched classrooms would each measure 11 metres by 8 metres in plan with a maximum height of 4.5 metres. The hall would be extended by 100 square metres to form a 265 metre space. An 18 metre by 9 metre extension with a mono-pitch roof at the existing entrance to the school would house the new entrance, reception and staff/office facilities.

2.6 Because of the need to provide large sections of curtain walling to match the existing fenestrations, the new extensions would be of steel framed construction with Kingspan or similar corrugated composite steel roofing panels, light green in colour to match the existing. Masonry walling would be finished externally with painted dashed render in Gardenia to match existing, with brown pointed brickwork plinths. All new windows (and some doors) would consist of curtain walling sections similar to existing, comprising blue powder coated steel framing with double glazing and Resoplan or similar insulated panels. Windows and doors which do not form part of the curtain walling would be blue painted timber and the larger gable end window to the nursery on its south-eastern elevation would have a painted rendered window surround.

2.7 A hard play area measuring 783 square metres would be created adjacent to the existing hard play area on the eastern elevation, which would be in part lost by the development of the new classrooms and new staff/office facilities on this part of the site. The new hard play area would also replace that lost by the proposed nursery.

2.8 The pedestrian and vehicular accesses to the site off Sawmill Lane would be reconstructed to provide improved segregation between pedestrians and vehicles and to improve sight lines for vehicles exiting the site. Cyclists would continue to enter the site via Sawmill Lane from which access to the existing bicycle shelter, located on the southern edge of the hard play area on the eastern elevation, would remain. Pedestrian access to the site would also continue from Moat Street, as an alternative to Sawmill Lane. It is proposed that the car park, accessed immediately off Sawmill Lane, would be extended to increase the provision of spaces from 14 to 25, two of which would be for disabled users.

2.9 Currently, Brampton Junior School has 195 pupils. The proposed number of pupils after the amalgamation would be in the order of 177 Juniors, 103 Infants and 34 Nursery, making a total of around 314 pupils. The Junior School currently employs 10 full time and 18 part time staff. Following amalgamation, these figures are proposed to increase to 14 full time and 34 part time staff.

2.10 This application is accompanied by a Design and Access Statement, an Arboricultural Report, a Wildlife Survey and a Transport Statement.

3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Carlisle City Council raises no objections.

3.2 Brampton Parish Council raises concerns about additional traffic using Union Lane and particularly larger vehicles which have difficulty negotiating the narrower parts of this road. The Parish asks if a more appropriate sign could be placed in a better position on Union Lane to warn larger vehicles that the road narrows.

3.3 The Highway Authority has no objection in principle to the proposals but recommends that a series of conditions are attached to cover the following matters: details of the configuration, construction and drainage of the vehicular access to the site; restrictions to the delivery times to ensure that all deliveries are made outside peak drop-off and pick-up times; submission of a Travel Plan and an annual report to review its effectiveness; detailed design for the provision of bicycle parking facilities, and the maintenance of the pedestrian path through the school from Moat Street.

3.4 The applicant is also requested to pay for the provision of the following:

• further traffic calming measures on Sawmill Lane;

• formal give way signs at the narrowing on Union Lane for south bound traffic;

• amendments to the school keep clear markings/waiting restrictions at Union Lane and Sawmill Lane, and

• Stage 2 Safety Audits for the above items.

3.5 The Environment Agency has no objection in principle to the development and comments that the site is located within Flood Zone 1 which, with reference to the Agency’s flood zone mapping, is at little or no risk of flooding. As there are known drainage problems in Brampton, the Agency perceives the main flood risk here to be managing surface water run-off. The Agency therefore recommends that reassurances are sought from the developer that flood risk in this context has been addressed and that there is adequate spare capacity in the existing public sewerage system to accommodate surface water from the proposed development.

3.6 Cumbria Constabulary’s Crime Prevention/Architectural Liaison Officer offers a number of recommendations to be considered in order to deter crime and vandalism. The recommendations cover matters relating to perimeter security, the building design and security, car and cycle parking, landscaping, security lighting, CCTV cameras and intruder alarm systems.

3.7 The Local Member Mr LN Fisher has been notified.

3.8 Two representations have been received, one of which is a letter of objection from a resident at No 10 Ridley Gardens, the closest property to the proposed nursery. The objections raised are as follows:

• The proposed nursery complex will bring buildings to within 68 feet of No 10 Ridley Gardens and will destroy the outlook and curtail the outlook from other residential properties at Ridley Gardens. It will hamper the enjoyment of this property which is a human right to which a resident is entitled.

• Insufficient consultation has been undertaken with residents.

• The proximity of the nursery will increase noise levels at Ridley Gardens, which is already at times disturbing. Can some reassurance be given that adjacent noise levels will not increase?

• Can additional planting be considered adjacent to the nursery to soften its visual impact?

• Can sufficient fencing be placed around the southern perimeter of the school to prevent children leaving the school grounds via private gardens at Ridley Gardens, as they have been discovered doing?

• Can assurancies be given that the play areas will not encroach further towards Ridley Gardens?

• How will the ground, hedges and trees between the proposed nursery and Ridley Gardens be protected from the heavy vehicles and plant used during the construction process?

• The school ground slopes down towards the south and Ridley Gardens is at the bottom of this bank, forming the boundary. Is subsidence or mudslide a risk?

• The development is unnecessary as there is a perfectly good Infants School already in the town.

4.0 PLANNING ASSESSMENT 4.1 Brampton Junior School is a well established school on a substantial site located

in an elevated position to the north east of Brampton town centre. The main issues raised by the proposal to relocate the town’s Infant school, housing infant and nursery children, to this site are the impacts upon residential amenity; the siting and design of the new facilities; traffic and accessibility matters and the impacts upon protected species.

Impact on residential amenity

4.2 The site is bordered on its north-west, south-east and south-west sides by housing. The north-eastern aspect looks out onto open fields and a tree landscape. The closest residential properties are those to the south west at Union Court, adjacent to the part of the school where no changes are proposed. Residences to the north-east, whose rear gardens back onto Sawmill Lane, are approximately 21 metres from the boundary with the school and the closest of those to the south-west at Ridley Gardens is located about 23 metres from the proposed nursery. All distances from dwellings to the north-west and south-east exceed the minimum standards established by Policy CP5 of the Carlisle District

Local Plan which specifies minimum distances that should be achieved in order to protect privacy for residents.

4.3 The proposed development should improve the outlook from the properties to the north-west, as the appearance of the school frontage along Sawmill Lane would be significantly improved by the removal of the garage and temporary store directly opposite the houses and there would be an opportunity to enhance the landscaping along this frontage as a planning condition is recommended that requires the implementation of a detailed landscaping scheme which would include this area. Whist the extended car park would be in fairly close proximity to the rear gardens of the dwellings, the proposed staff/reception building and hall extension would be set further back into the site so the potential for overlooking and loss of outlook would be limited.

4.4 In response to the objections raised by the resident at Ridley Gardens, the proposal to site the nursery on the existing elevated hardstanding would bring the buildings associated with the school closer to these properties and reduce to some extent their open views into the site. However, nearly half of the proposed site for the nursery would remain open as it would form an outdoor secure play area specifically for use by the nursery children. Existing hedging and a mature tree along the southern boundary of the school site would help to break up and obscure views into the site from Ridley Gardens and to mitigate further, the applicant proposes to submit a landscaping scheme that would include planting adjacent to the nursery to ‘soften’ its appearance and further planting which would assist in integrating the new development into the area, in accordance with Policy CP4 of the Carlisle District Local Plan. A planning condition is recommended to secure this.

4.5 To address concern expressed over the potential impact of the development on existing school grounds, hedges and trees, a security fence would be erected around the site of the works to minimise disturbance to adjacent school grounds during the construction phase. It is also recommended that a condition is attached to require the submission and subsequent implementation of measures to protect existing trees and hedges during construction.

4.6 In terms of the concern raised about noise, it is considered that the proposal to replace the hardstanding with the nursery should reduce noise emissions from this part of the site. This is because the hardstanding, currently used as a general playground for junior children, would be replaced by a building within which noise would be contained. The area remaining as outdoor space would be a secure area for use by nursery children during school hours only.

4.7 In response to the objector’s concerns about the potential for subsidence, the applicant states that whilst the school grounds slope towards Ridley Gardens, they have been stable since the establishment of the Junior School several years ago. The applicant confirms that the footprint of the proposed nursery would not encroach onto the existing slope.

4.8 With regards to the comment by the objector that the development is unnecessary, the applicant explains that the existing Infant School is housed in a Victorian building on split sites. Relocating the Infant School to the Junior School site would provide a 21st century teaching and learning environment with much improved facilities and standards, and help provide an easier transition from

infant to junior learning for the pupils.

Siting, Design and Crime Prevention

4.9 The proposed siting of the extension areas has been limited by the sloping topography of the site and the arrangement of the existing buildings. The proposal to locate the nursery at the southern part of the site was taken because there is sufficient level space in this part of the school to provide the required dedicated secure garden with soft and hard play areas. These facilities would also relate well to the Infant accommodation, which would be housed in the four existing classrooms immediately adjacent. This arrangement would enable the Infant and Nursery children to have an area of the school dedicated specifically for their needs. The proposals generally present an integrated layout with the distinct areas relating well to one another through a series of link corridors and open spaces. This approach accords with Policy CP4 of the Carlisle District Local Plan.

4.10 Whilst the proposed three new classrooms would require the removal of three ornamental Cherry Trees, the Arboricultural Report submitted in support of this application concludes that the amenity of these trees would be replaceable in a relatively short space of time and so their removal as part of these proposals would be acceptable. The report proposes that six replacement trees should be planted to mitigate their removal. The detailed landscaping scheme recommended as a condition to any planning permission for this development proposal incorporates this recommendation. A further planning condition is suggested to ensure the implementation of all recommendations made in the report regarding the retention and maintenance of existing trees on the school site.

4.11 As well as providing improved facilities for pupils and staff, the proposed development would significantly improve the school’s entrance and reception areas, which would better relate to Sawmill Lane. At present, the main pedestrian school access is via a flight of stairs parallel to the road. The new entrance would face the road, be ramped for access by disabled users and would be adjacent to but well segregated from the adjacent car park.

4.12 Policy CP16 of the Carlisle District Local Plan states that all new development must contribute to creating a safe and secure environment, integrating measures for security and crime prevention and minimising the opportunity for crime. Despite the obvious limitations, in that the proposals relate to an existing school, the design of new extension areas incorporates many of the recommendations suggested by Cumbria Constabulary’s Crime Prevention/Architectural Liaison Officer.

4.13 Generally the new roofs would be pitched or mono-pitched which are less attractive to climb than flat, and the lower eaves level of the mono-pitched classrooms would be situated adjacent to the internal courtyard area where they would be overlooked by the school during the working day and less accessible to intruders at other times. New concrete window sills would be sloping to also deter climbing and the rear access to the proposed nursery would be protected by lockable roller shutters. There should also be improvements to the security of the car park which is currently not capable of being easily observed from buildings at the school. The windows on the north elevation of the proposed new

staff and office facilitiy would improve surveillance of the car park and this and the entrance area generally would benefit from natural surveillance from the dwellings opposite, as would the rear of the school from the dwellings at Ridley Gardens. The existing intruder alarm system would also be extended and the recommendations made with regards to the cycle parking facility, security lighting and landscaping would be secured by the implementation of the travel plan and the detailed landscaping scheme which are recommended as conditions to any permission. It is therefore considered that the proposals are in accordance with Policy CP16 of the Carlisle District Local Plan.

4.14 Finally, in terms of design, the same design elements and materials that exist at the school would be applied to the proposed extension areas; for example, the use of mono-pitched roofs and the extensive use of curtain walling and glazing. This would serve to harmonise the old and new areas and create a significantly improved and modernised school, both in terms of its overall appearance and its provision of local facilities.

Traffic and Accessibility

4.15 A Transport Statement was undertaken for the proposed amalgamation which examined site access arrangements; the accessibility to and from the site for public transport users, pedestrians and cyclists; records of personal injury accidents in the vicinity of the site to identify any road safety issues, and the impact of the proposals on the adjoining highway network. The Statement also makes reference to the 2005/6 Travel Plans undertaken by the Junior and Infant schools.

4.16 The Statement concludes that, as the school is within 300 metres of a bus stop; is reasonably well served by footway/cycle links and has bicycle parking facilities, it is accessible by sustainable transport modes. The attachment of planning conditions to require the maintenance of the alternative pedestrian access to the site from Moat Street, and to enhance the existing cycle parking facilities should ensure that this will remain, in accordance with Policy CP15 of the Carlisle District Local Plan. Having examined three years of personal injury accident history on the local highway network, it also concludes that that this data does not indicate any specific safety problem that would be exacerbated by the proposed amalgamation.

4.17 The Statement further concludes that the increase in pupils and staff that would need to access the Junior School as a result of these proposals would not lead to network or junction capacity problems for the local highway network. This is due to the total number of pupils relocating which the Statement considers to be relatively low, and the high levels of walking to both the Infant and Junior schools that currently take place by pupils. Given the close proximity of the schools it is reasonable to assume that walking by infant pupils would continue after an amalgamation. Whilst there are no potential capacity concerns on Union Lane or at its junction with Main Street, it is acknowledged that the amalgamation would increase the number of vehicles using Union Lane. The Statement therefore recommends that the give way arrangement at the narrow section of Union Lane is formalised by the use of improved signage to enhance road safety at this location. Traffic calming measures have been installed along Sawmill Lane to the north east of the school vehicle access. In order to improve safety for those directly accessing the school, the Statement recommends that the traffic calming

measures are extended along the entire length of Sawmill Lane so that vehicles approaching the school entrance are forced to slow down. The Statement concludes that with these measures in place, there are no transport reasons why the amalgamation should not be given planning permission.

4.18 The above recommendations are supported by the Highway Authority and the implementation of improved signage on Union Lane would address the concerns raised by Brampton Parish Council. The Highway Authority also recommends that amendments are made to the existing school keep clear markings/waiting restrictions on Union Lane and Sawmill Lane for highway safety reasons. The Authority has requested that the applicant pays for the cost of these improvements. Since the submission of this application, a statement has been received by the applicant to confirm that they agree to this in accordance with the requirements of the Highway Authority. The remaining recommendations made by the Highway Authority, including the requirement for the provision of a post-amalgamation Travel Plan and its annual review, in accordance with ‘saved’ Structure Plan Policy T31, can be addressed by the proposed planning conditions which, it is advised, should be attached to any permission.

Impacts upon Nature Conservation and Drainage

4.19 A Wildlife Survey was conducted in support of this application in June 2008. This was undertaken principally as a bat survey, but also to check for nesting birds and other nature conservation interests that could potentially be affected by the proposals. No evidence of roosting or nesting birds was recorded within the buildings or the Cherry Trees proposed to be felled by the proposed works.

4.20 The Survey reveals that the risk of bats being present and roosting in suitable trees or buildings in the general locality is considered to be moderate. The habitat around the school would also provide moderately good foraging for bats. Despite this, however, it concludes that because of the nature of the building; for example, no loft voids and only the occasional gap between fascia boards/boxed in eaves, the risk of bat roosts in the school building is considered to be low. The Survey found that there are numerous better alternative roost sites within the buildings outside of the school site. The Survey found that the trees proposed to be felled have no risk of supporting bats.

4.21 The Survey concludes that the potential impacts of the proposals without appropriate mitigation measures in place would include the loss of a very small number of potential crevice roost sites behind facia boards/boxed in eaves where the new build would link to existing structures; low risk of disturbance or harm to individual common pipistrelle bats which may use the building during construction, potentially including individual hibernating bats, and increased lighting levels around the buildings following completion. The Survey also concludes that the works would not cause disturbance or harm to breeding bats as the site does not support a maternity roost; loss of loft spaces or voids; increased levels of disturbance as the buildings would remain a school; significant severance of flight lines or impact upon foraging areas, or the loss of any trees which support bats.

4.22 The mitigation measures proposed by the Survey are therefore intended to prevent bats from being harmed or disturbed during the construction of the development and to ensure that the site retains the potential to be used by bats

in a similar way in the medium to long term. Key measures include the erection of six bat boxes to provide alternative roosts prior to works starting; ensuring that no works to ‘link-in’ the new build elements with existing structures takes place during the bat hibernation period; the removal by hand of any fascia boards and boxed in eaves and the retention/creation of at least eight access routes either behind boxed in eaves or fascia boards. A planning condition is recommended to secure the implementation of these measures. It is considered that the implementation of the proposed mitigation strategy in accordance with the recommended planning condition should ensure that the proposed development would comply with protected species legislation and Policy EM1(B) of the Regional Spatial Strategy which safeguards the interests of European Protected Species.

4.23 Finally, with respect to the comments made by the Environment Agency, further discussions with the Agency confirmed that because of the scale of the development and the fact that the site lies in Flood Zone 1 at little or no risk of flooding, a flood risk assessment was not necessary in this instance. The Agency also confirmed their acceptance of the applicant’s intention for surface water to continue to drain to soakaways, with the exception of the surface water to the courtyards that would need to drain to the main sewer due to level constraints on the site which makes disposal to a soakaway impossible.

Human Rights Act 1998 4.24 The proposal will have some impact on the visual and residential amenity of the

area. Any impact on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are considered to be limited and proportionate to the wider social and economic interests of the community.

Conclusion

4.25 The proposed amalgamation of the Infant and Junior Schools at Brampton would provide a comprehensive range of facilities for staff and pupils on a single site. It would result in modern additions to the existing premises which would considerably enhance the appearance and functionality of the Junior School. Any potentially adverse impacts upon residents, the local highway network, road safety and protected species should be controlled or mitigated by the proposed planning conditions. The agreement by the applicant to pay for the provision of improvements on the highway network would benefit those living in the area as well as users of the school. It is therefore considered that these proposals are acceptable, accord with development plan policy and that planning permission should be granted.

Shaun Gorman Head of Environment Contact Mrs Rachel Brophy, Kendal, tel: 01539 713413 email: rachel.brophy@cumbriacc.gov.uk

Background Papers Planning Application File Reference No. 1/08/9017 Electoral Division Identification Brampton & Gilsland - Mr LN Fisher \\CEEKENB\Kendal\Filing\planning\applications\carlisle\1089017\1089017 report 081022 dcrfv.doc

Appendix 1 Ref No. 1/08/9017

Development Control and Regulation Committee – 22 October 2008 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED) SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION 1 This application has been determined in accordance with the Town and Country

Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council

before granting permission were as follows: North West of England Plan Regional Spatial Strategy to 2021 (September 2008) Policy EM1 (B): Natural Environment Plans, strategies, proposals and schemes should secure a ‘step-change’ increase in the region’s biodiversity resources by contributing to the delivery of national, regional and local biodiversity objectives and targets for maintaining extent, achieving condition, restoring and expanding habitats and species populations. This should be done through protecting, enhancing, expanding and linking areas for wildlife within and between the location of highest biodiversity resources, including statutory and local wildlife sites, and encouraging the conservation and expansion of the ecological fabric elsewhere. Broad locations where there are greatest opportunities for delivering the biodiversity Resource and Opportunity Diagram (see Diagram 9.1). More specific locations will be informed by sub-regional biodiversity maps and frameworks of statutory and local wildlife sites. Local authorities should: • Develop a more detailed representation of this spatial information for use in their

Local Development Frameworks; and • Develop functional ecological frameworks that will address habitat fragmentation and

species isolation, identifying and targeting opportunities for habitat expansion and re-connection. Active arrangements will be needed to address ecological cross-boundary issues within areas such as the Pennines, Solway Firth, the Mersey Estuary, the Lune Estuary, the River Dee Estuary and the Cheshire Meres and Mosses, as well as including biodiversity policies in any developing Marine Spatial Planning System in the Irish Sea.

Plans, strategies, proposals and schemes should protect and enhance the region’s geological and geomorphological resources including statutory and local sites by

contributing to the delivery of national, regional and local geodiversity objectives and targets. ‘Saved’ Policies of the Cumbria and Lake District Joint Structure Plan (2001 – 2016) Policy T31 – Travel Plans Travel Plans will be required for proposals for:

1. retail and indoor leisure facilities in excess of 1000 sqm gross floorspace, 2. office, employment, education and health services development in excess of

2500 sqm gross floorspace, 3. new and expanded school facilities, and 4. development that would otherwise generate local traffic problems as identified

through a transport assessment or an evaluation of a proposal. Carlisle District Local Plan 2001-2016 (Revised Redeposit Draft; September 2006) Policy CP 4 – Design The suitability of any new development will be assessed against the following design principles. Proposals should:

1. Have regard to surrounding buildings in the context of their form in relation to height, scale and massing and making use of appropriate materials and detailing.

2. Take into consideration any important landscape or topographical features and respect local landscape character.

3. Reinforce local architectural features where appropriate promoting and respecting local distinctiveness rather than detracting from it.

4. Be well integrated – ensuring all components of a development are well related to one another eg buildings, associated parking, access routes, open space, and hard and soft landscaping to ensure a successful and attractive outcome.

5. Not adversely affect the residential amenity of existing areas, nor adjacent land uses, nor result in unacceptable standards for future users and occupiers of the development.

6. Ensure where possible the retention of existing trees, shrubs, hedges and other wildlife habitats and the replacement of any environmental feature lost to development.

7. Recognise that landscaping schemes (both hard and soft) will be required to assist in integrating new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings.

8. Ensure that the necessary services and drainage infrastructure can be incorporated without causing unacceptable harm to retained features.

9. Through layout and design, encourage the promotion of energy and water conservation by its future occupiers, the incorporation of sustainable forms of energy production within the overall design should also be explored where appropriate.

10. Have a layout and design which minimises the potential for crime and antisocial behaviour.

Policy CP5 – Residential Amenity The amenity of residential areas will be protected from inappropriate development where that development:

1. is for a use inappropriate for residential areas; and/or 2. is of an unacceptable scale; and/or 3. leads to an unacceptable increase in traffic or noise; and/or 4. is visually intrusive.

In order to ensure residential amenity is not compromised a minimum distance of 21 metres should be allowed between primary facing windows between dwellings (12 metres gable end to primary facing window). A minimum of 4 metres should be allowed between gable ends to allow for maintenance of property. Changes in levels of land and height of development will be taken into account in applying these distances. Policy CP15 – Public Transport, Pedestrians and Cyclists

Existing provision for cyclists and pedestrians will be protected, promoted and enhanced. All new development, accessible by the public, should include provision for safe and convenient pedestrian and cycle access, including secure cycle parking facilities where appropriate. New development should help to create places that are sustainably well connected with each other, providing the right conditions to encourage walking, cycling and the use of public transport. In assessing the suitability of new developments account will be taken as to the availability of alternative modes of transport to the private car to ensure that new sites can be reached sustainably. In considering the layout of a proposal, care should be taken to ensure that the needs of pedestrians and cyclists are placed before other traffic to ensure a safe environment for all. Policy CP16 – Planning Out Crime

The design of all new development must contribute to creating a safe and secure environment, integrating measures for security and crime prevention and minimising the opportunity for crime. The following points should be applied to all development proposals:

1. Security measures should be an integral part of the design. 2. Developments should be laid out and buildings positioned to maximise natural

surveillance with the intention of creating a sense of neighbourhood and deterring criminal and anti-social activity.

3. Public and private spaces should have clearly defined boundaries. 4. Footpaths and cycleways should be designed to maximise their use and

prevent opportunities for concealment, unauthorised access or provide a choice of escape routes.

5. Landscaping schemes should be designed to ensure that they do not create secluded areas, opportunities for climbing or reduce natural surveillance.

6. Lighting should deter criminal and antisocial activity whilst minimising light pollution. CCTV may be considered necessary in certain circumstances.

Developers should, at the earliest stage possible, consult the Architectural Liaison Officer to advise on measures to be incorporated for designing out crime The Local Transport Plan 2006-2011 Policy LD4: Transport assessments and travel plans Transport Assessments will be required for development proposals in accordance with national guidance. In the interim, proposals which, individually or cumulatively, meet the following scale of development will require a transport assessment:

1. Residential development in excess of 100 units. 2. Employment uses in excess of the following gross floor space: business

2500m², industry 5000m², warehousing and distribution 10000m². 3. Other developments in excess of 1,000m². 4. Hotel developments in excess of 100 bedrooms. 5. Caravan or similar holiday sites in excess of 100 units. 6. Any development that generates in excess of 100 HGV per day or 100 vehicles

per hour 7. Any development that adds materially to local traffic congestion. 8. Any development that may impact on the trunk road network.

Travel Plans will be required for proposals for:

1. Retail and indoor leisure facilities in excess of 1,000m². 2. Industrial development in excess of 5,000m² and warehousing/distribution

developments in excess of 10,000m². 3. Office, education and health services development in excess of 2,500m². 4. New and expanded school facilities. 5. Development that would otherwise generate local traffic problems identified

through a transport assessment or an evaluation of a proposal. Policy LD5: Access to new developments. All proposals for commercial development including alterations to existing buildings and land use changes and all proposals for new residential development will be required to be or be made accessible by public transport, walking and cycling. Policy LD7: Design Standards The design and layout of developments should comply with the Cumbria Design Guide and the Parking Guidelines for Cumbria. In order to take account of the needs of people whose mobility is impaired, development will be required to include appropriate facilities. Policy LD8: Safety and Security Developers will be required to carry out safety audits to ensure that appropriate and sage access facilities are provided for all of the modes of transport to be used for access to the development and those affected by it and for all users. In addition regard

needs to be paid to security aspects in order to ensure that crime is reduced. The council will require all new developments to be designed and provide measures to ensure that there is no detriment to road safety or personal security. 3 In summary, the reasons for granting permission are that the County Council is of

the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No. 1/08/9017

Development Control and Regulation Committee - 22 October 2008 PROPOSED SCHEDULE OF CONDITIONS TIME LIMITS 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. Reason To comply with the requirements of Section 91 of the Town and Country

Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

APPROVED OPERATIONS PROGRAMME 2 The development shall be carried out strictly in accordance with the approved

documents, herein referred to as the approved scheme. Any variations to the approved scheme shall be submitted to and approved in writing by the Local Planning Authority prior to being carried out. The approved scheme shall comprise the following documents:

2.1 the submitted planning application form, dated 16 May 2008; 2.2 the Location Plan, dated 12 May 2008; 2.3 the Location Plan Showing Work Areas, dated 12 May 2008; 2.4 the Drawing No 1, dated September 2007; Drawing No 2, dated March 2008; Drawing No 3, dated August 2007; Drawing No 4, dated May 2008; Drawing No 5, dated February 2008; Drawing No 6, dated November 2007; Drawing No 7, dated May 2008; and Drawing No 9, dated May 2008; 2.5 the Transport Statement by Capita Symonds, dated August 2008; 2.6 the Arboricultural Report by Capita Symonds, dated 14 March 2008, and 2.7 the Wildlife Survey by E3 Ecology Ltd, dated 23 June 2008.

Reason To ensure that the site is developed in accordance with the approved scheme. ACCESS AND HIGHWAYS 3 Within 6 months of the development (or any part thereof) being brought into use,

the developer shall prepare and submit to the Local Planning Authority for their approval a Travel Plan which shall identify the measures that will be undertaken by the developer to encourage the achievement of a modal shift away from the use of private cars to sustainable transport modes. This shall include the provision of a plan showing the location and design of the existing bicycle parking facilities. The measures identified in the approved travel plan shall be implemented within 12 months of the development (or any part thereof) coming into use.

The travel plan shall be updated on an annual basis. Any amendment to the

plan should be submitted to the Local Planning Authority for approval. Reason To aid in the delivery of sustainable transport objectives, in accordance with

‘saved’ Policy T31 of the Cumbria and Lake District Joint Structure Plan 2001-2016 and Policy LD4 of the Local Transport Plan 2006-2012.

4 Prior to the development (or any part thereof) being brought into use, a new site

entrance (referred to as ‘Vehicle Access’ on Drawing No 4, dated May 2008) shall be constructed in accordance with a detailed scheme to be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide details of the configuration, construction and drainage of the vehicle access area to the edge of the public highway, to include visibility splays and gates. Once constructed, the access shall be maintained and used for as long as the buildings are occupied. Any variations to the approved scheme shall be submitted to and approved in writing by the Local Planning Authority prior to being carried out.

Reason In the interests of highway safety, in accordance with Policies LD7 and LD8 of

the Local Transport Plan. 5 The walls within the visibility splays at the new site entrance (referred to in

Condition 4) shall be constructed to a height not exceeding 600mm above the carriageway level of the adjacent highway.

Reason To provide adequate visibility for drivers leaving the site in the interests of

highway safety, in accordance with Policies LD7 and LD8 of the Local Transport Plan.

6 All deliveries made to the school shall be outside school pupil drop-off and pick-

up times. Reason In the interests of highway safety, in accordance with Policy LD8 of the Local

Transport Plan. 7 The existing footpath through the School grounds to Moat Street (as shown on

the Location Plan, dated 12 May 2008) shall be maintained in a condition fit for purpose and be available for use during the school opening hours.

Reason To ensure suitable pedestrian access to the School as an alternative to Sawmill

Lane, in accordance with Policy LD5 of the Local Transport Plan. PROTECTED SPECIES 8 The Bat Mitigation Measures as set out in Section E Mitigation and

Compensation of the ‘Wildlife Survey of Brampton Junior School, Brampton’ report by E3 Ecology Ltd, dated 23 June 2008, shall be implemented in their entirety. These measures shall include the following:

8.1 the provision of 6 general purpose bat boxes in adjacent trees on the

school site, to provide alternative mitigation roosts, prior to the commencement of any works associated with this permission;

8.2 no works to ‘link-in’ the new build structures to the existing buildings to take place during the bat hibernation period (November to March inclusive);

8.3 the removal by hand of any fascia boards and boxed in eaves, and 8.4 the creation/retention of at least 8 bat access routes either behind boxed in

eaves or fascia boards. Detailed plans showing the locations for the provision of bat mitigation roosts

(8.1) and bat access routes (8.4) shall be submitted to the Local Planning Authority for approval prior to the commencement of any works associated with this permission.

Reason To safeguard the interests of bats, in accordance with Policy EM1(B) of the

North West of England Plan Regional Spatial Strategy to 2021. 9 Prior to the commencement of any tree pruning, a further survey and assessment

of the trees (coloured solid green and solid blue on Drawing No CS/0308-02, dated 11 March 2008 in the Arboricultural Report dated 14 March 2008) shall be conducted by the developer to confirm whether the trees have (a) any positive signs of bats, or (b) likely bat roosting features. If there are positive signs of bats or bat roosting features, a further Mitigation Strategy shall be submitted by the developer for the approval of the Local Planning Authority prior to any works to the trees being undertaken. No works shall commence on the trees until the approved strategy has been implemented in full.

Reason To safeguard the interests of bats, in accordance with Policy EM1(B) of the

North West of England Plan Regional Spatial Strategy to 2021. 10 No pruning of trees shall take place during the bird breeding season; that is,

between 1 March and 1 September in any year. Reason To safeguard the interests of birds during the bird breeding season, in

accordance with Section 1 of the Wildlife and Countryside Act 1981, as amended.

TREE PROTECTION 11 The recommendations specified in the ‘Arboricultural Report’ by Capita

Symonds, dated 14 March 2008 shall be implemented in their entirety during the development of this site. These measures shall include the following:

11.1 the retention of existing trees as specified in Drawing No CS/0308-01, of the ‘Arboricultural Report’, dated 14 March 2008; 11.2 the pruning of the existing trees to make safe for site users, in

accordance with Section 5 of the ‘Arboricultural Report’ , dated 14 March 2008, and

11.3 the planting of 6 trees to replace the 3 Cherry Trees removed as a result of this development, details of which to be provided in accordance with the detailed landscaping scheme required by Condition 14.

Reason To ensure compliance with the recommendations stated in the ‘Arboricultural

Report’, for the avoidance of doubt.

12 Prior to the commencement of development, a Tree Protection Plan shall be submitted to the Local Planning Authority for approval. This shall include detailed design for the tree (and hedge) protection fences to be erected, their location and other protection measures during the construction of the development. Once approved, the scheme shall be implemented in full. The protection measures shall remain in situ from the commencement of construction of the development to its completion.

Reason To ensure that the existing on site trees are not lost or damaged as a result of

the redevelopment of the site. 13 Prior to the commencement of development, an Arboricultural Method Statement

shall be submitted to the Local Planning Authority for approval. This shall demonstrate how the site will be redeveloped without causing harm to trees to be retained and where appropriate shall include proposals for tree friendly building techniques, no drill techniques and tree work such as pruning and felling. The approved methodology shall be implemented in full.

Reason To ensure that the existing on site trees are not lost or damaged as a result of the redevelopment of the site. LANDSCAPING 14 Prior to the commencement of development, a detailed landscaping scheme

shall be submitted to the Local Planning Authority for approval. The scheme shall include the following:

14.1 details of planting (siting, size, spacing and species type) to ‘soften’ the impact of proposed Nursery along its southern boundary; 14.2 details of planting (siting, size and species type) and surface treatment of the area specified as ‘Courtyard’ on Drawing No 4, dated May 2008, 14.3 details of the siting, size and species type of the 6 replacement trees proposed (referred to in Condition 11.3), and 14.4 details of the materials to be used in the construction of the new retaining walls and areas of hard surfacing, fencing and lighting. Once approved, the scheme shall be implemented in its entirety.

Reason To assist in integrating the proposed development into the existing area, in accordance with Policy CP4 of the Carlisle District Local Plan 2001-2016.

15 Existing trees, shrubs and hedges and those planted in accordance with the

requirements of this permission shall be protected, managed and maintained in accordance with a management and maintenance plan to be submitted for the approval of the Local Planning Authority prior to the development (or any part thereof) being brought into use. Any trees or shrubs which die or become seriously damaged or diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed with the Local Planning Authority.

Reason To secure the satisfactory establishment and maintenance of trees, hedges and shrubs in the interests of local and residential amenity, in accordance with Policy CP4 of the Carlisle District Local Plan.