Persimmons at Union Lane

Here is a copy of the conditions that have been agreed by Persimmons regarding the building of houses at the end of Union Lane. These cover the physical building work.

Another agreement covers other things like the provision of Affordable Housing and the payment to SLDC of £8,000 to improve the neighbouring park at Mill Dam which will be used by the new residents of the proposed new development.

We are very please with the work of the contractors -Irvings - that are doing the preparatory work - Road improvements and site preparation. They appear to be doing superb work and are a highly reputable company using local craftsmen wherever possible.

However Persimmons Builders are at present not conforming to a very strict condition - Condition 11 below. SLDC are seeking to change this ammendment so that the wall that has already been built by Persimmons is acceptable.

We are also concerned about Note 1 at the bottom regarding Bats and Owls.

With this attitude and the weak enforcement from SLDC, how can we be sure that the agreements regarding Affordable Housing will be adhered to ?

We in Ulverston have already experienced the combined behaviour of Persimmons  and Cumbria County Council regarding the Lund Farm Estate when an essential roundabout providing access from the A590 was not built, alledgedly because there was not room. This has left a death trap for any car travelling from the Estate towards Kendal when two busy lanes of traffic have to be crossed.

We in Ulverston need tight control of this powerful big business- one with the largest number of complaints in the UK doing a search on Google "hate Persimmons" will reveal the amount of frustration and hurt these builders have caused elsewhere in the country.

We need to demonstrate our determination to get good value for money. Sadly our District Councillor, Helen Irving is avoiding all approaches to her to get involved even though this is happening on her doorstep. Thankfully our local Town Cllr Colin Pickthall has visited the site but as yet not advised us what he is doing about the situation. Cllr Janet Jenkinson also needs to show responsibility in that she was our representative at the original planning meeting when the permission was given, we expect her to be monitoring the present situation closely on behalf of Ulverston. It was Cllr Jenkinson that spoke in favour of the application because it would provide Affordable Housing for local people. With the present behaviour of Persimmons - Will it?

Oaklands Union Lane SL/2010/0806

Condition (1) The development hereby permitted shall begin not later than three years from the date of this decision. 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.

Condition (2) The development hereby permitted shall be carried out in accordance with the following approved plans: drawing numbers 2316-100 rev.I; 2316-105; 2316-120; 2316-109; 2316-106; 2316-110; 2316-119 and 118; 2316-108A; 2316-112A; 2316-104A; 2316-116A; and 2316-114A. Reason: For the avoidance of doubt and in the interests of proper planning.

Condition (3) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and those works shall be carried out as approved. The details shall include:- a) proposed finished levels or contours; b) means of enclosure; c) car parking layouts; d) other vehicle and pedestrian access and circulation areas; e) hard surfacing materials; f) retained landscape features such as trees together with details of how they will be protected during construction. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, plant sizes and proposed numbers/densities; and an implementation programme. Any trees/shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees/shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation. Reason: To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Saved Policy S3 of the South Lakeland Local Plan.

Condition (4) No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, height, design, materials and type of boundary treatment(s) to be erected. The boundary treatment(s) shall be completed as approved before the development is occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority. Reason: To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Saved Policy S3 of the South Lakeland Local Plan.

Condition (5) No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with Clause 7 of British Standard BS5837 - Trees in Relation to Construction - Recommendations has been agreed in writing with the Local Planning Authority. These measures shall be carried out as described and approved. Reason: To ensure the protection and retention of important landscape features in accordance with Policy CS8.1 of the adopted South Lakeland Core Strategy.

Condition (6) No fires shall be lit within 10 metres of the nearest point of the canopy of any retained tree, no equipment, machinery or structure shall be attached to or supported by a retained tree, no trenches shall be excavated or services installed in the root protection area and no mixing of cement or use of other contaminating materials or substances shall take place within, or close enough to, a root protection area that seepage or displacement could cause them to enter a root protection area. Reason: To ensure the protection and retention of important landscape features in accordance with Policy CS8.1 of the adopted South Lakeland Core Strategy.

Condition (7) No site clearance, preparatory work or development shall take place until a detailed scheme for the pruning of the sycamore trees on the northern boundary of the site (T1 and T2) as identified in the submitted Arboricultural Implications Assessment, has been submitted and approved in writing by the Local Planning Authority. The work shall thereafter be carried out in accordance with the approved scheme. Reason: To ensure that the existing protected trees are not adversely affected by reason of the proposed development hereby permitted.

Condition (8) No site clearance, preparatory work or development shall take place until a detailed scheme for the proposed highway improvements to Union Lane have been submitted to and approved in writing by the Local Authority. This scheme shall include the full engineering details of the widened carriageway and footway, including surface finishes, drainage, lighting, parking restrictions and any provision for residents parking, and shall be designed and constructed to a standard suitable for adoption. Reason: In the interests of highway safety.

Condition (9) The development hereby permitted, including site clearance and demolition, shall not commence until the highway improvement works and construction of the repositioned boundary wall as detailed in conditions 8 and 11 have been completed, unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of highway safety.

Condition (10) The new estate road including carriageway and footways shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal cross sections shall be submitted to and approved in writing by the Local Planning Authority before work commences on site. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete. Reason: In the interests of highway safety.

Condition (11) No development shall be commenced until the precise construction details of the new boundary wall along Union Lane have been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the wall shall be constructed to match the form, height and appearance of the existing wall, incorporating as much of the original stonework as practicable. Reason: To protect the character and appearance of the Conservation Area.

Condition (12) No development shall begin unless and until details of the finished floor levels of the dwellings hereby permitted have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be carried out otherwise than in full accordance with such approved details. Reason: To protect the amenity of the area and adjacent residents and for the avoidance of doubt.

Condition (13) No superstructure shall be erected until samples and details of the materials to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the development is of a high quality design in accordance with Policy CS8.10 of the adopted South Lakeland Core Strategy and Saved Policy S2 of the South Lakeland Local Plan.

Condition (14) The roof shall be covered in tiles, a sample of which shall be submitted to and approved in writing by the Local Planning Authority. The tiles shall be flat and shall match the appearance, colour and texture of natural Cumbrian slates. Reason: To ensure the development is of a high quality design in accordance with Policy CS8.10 of the adopted South Lakeland Core Strategy and Saved Policy S2 of the South Lakeland Local Plan.

Condition (15) No site clearance, preparatory work or development shall take place until a detailed scheme for surface water management and the disposal of sewage to serve the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The approved works shall be fully implemented prior to the occupation of any of the dwellings and retained as such thereafter. Reason: To ensure adequate provision is made for the management of surface water and sewerage disposal in accordance with Saved Policy S26 of the South Lakeland Local Plan.

Condition (16) No site clearance, preparatory work or development shall take place until an ecology report has been submitted to and approved in writing by the Local Planning Authority. This report shall detail the presence of any protected species within the site and include a mitigation strategy which shall be subsequently implemented in full. Reason: For the avoidance of doubt and to prevent harm to protected species in accordance with Policy CS8.4 of the adopted South Lakeland Core Strategy.

Condition (17) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), express planning consent shall be obtained for any development falling within Classes A, B, C and E of Part 1 Schedule 2 of that order. Reason: To ensure that garages, extensions, outbuildings and other such development permitted by the Town and Country Planning General Development Order 1995, will not detract from the appearance of the development or the amenity of neighbouring residents.

Condition (18) No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the Local Planning Authority. The results of the site investigation shall be made available to the Local Planning Authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The site shall be remediated in accordance with the approved measures before development begins. If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the Local Planning Authority. The remediation of the site shall incorporate the approved additional measures. Reason: To prevent harm to human health and the environment in accordance with Policy EM2 of the Regional Spatial Strategy for the North West.

Condition (19) Demolition, dismantling or construction works shall not take place outside 08:00 hours to 18:00 hours Monday to Friday, and 08:00 hours to 13:00 hours on Saturdays and at no time on Sundays or Bank Holidays. Reason: To safeguard the amenity of neighbouring occupiers.

Condition (20) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors; ii. loading and unloading of plant and materials; iii. storage of plant and materials used in constructing the development; iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; v. wheel washing facilities; vi. measures to control the emission of dust and dirt during construction; vii. a scheme for recycling/disposing of waste resulting from demolition and construction works; and viii. measures to control noise and vibration. Reason: To safeguard the amenity of neighbouring occupiers.

Condition (21) No building shall be occupied until the amenity area shown on the plan attached hereto has been laid out in accordance with the approved landscaping scheme, and that area shall not thereafter be used for any purpose other than as communal open space. Reason: For the avoidance of doubt and to ensure that proper provision is made for an amenity area.

NOTE (1) ON THE EFFECT OF PLANNING PERMISSION (Bats and Barn Owls): All British bats and their roosts and barn owls are protected by law under the provisions of the Wildlife and Countryside Act 1981 (as amended) and they should therefore always be taken into account when any work is being done on buildings which are known to be used by bats or owls or have potential as bat roosts. Having regard to this a copy of the guidelines provided by Natural England for barn conversion work to reduce the risk of damage to bats or owls and their roosts can be obtained from: Natural England at Juniper House, Murley Moss, Oxenholme Road, Kendal, Cumbria, LA9 7RL.

NOTE (2) ON THE EFFECT OF PLANNING PERMISSION (Section 106): This Decision Notice is to be read alongside the legal agreement made pursuant to Section 106 of the Town and Country Planning Act 1990, as amended.

REASON FOR GRANTING PLANNING PERMISSION The proposal is in accordance with material considerations set out in the Planning System: General Principles and national and local policies as set out in Planning Policy Statements 1 and 3, Policies CS1.2, CS6.3 and CS8.10 of the adopted South Lakeland Core Strategy and Saved Policies S2, H2 and H8 of the South Lakeland Local Plan. There are no material considerations that indicate against the proposal.