Erection of a self-build agricultural workers dwelling and temporary siting of residential caravan

1. The development hereby permitted shall be commenced before the expiration of THREE years from the date hereof. REASON: Imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990.
2. The development hereby permitted shall not be carried out otherwise than in conformity with the following submitted plans and details: - Location Plan - Proposed Block Plan - Drawing no. CH218/02D - General Arranagement Plan - Drawing no. CH218/3E - Package Treatment Plant Details REASON: For the avoidance of doubt.
3. The dwellinghouse hereby permitted shall not be occupied otherwise than by: a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and any resident dependants of such a person living with him or her; Or a person who works, will work, or last worked, whether on a full time, part-time or seasonal basis, on Greenah Crag, Troutbeck (or the widow, widower or a resident dependent of such a person). REASON: In accordance with Policy 15 of the Lake District National Park Local Plan 2020-2035, the Housing Supplementary Planning Document May 2021 and the National Planning Policy Framework.
4. Prior to their first use in the construction of the dwelling hereby permitted details of the following shall be submitted to the Authority for approval: - Stone to be used for the walls, quoins and window surrounds; - Slate and laying method to be used on the roofs of the dwelling. Thereafter the works shall be carried out in accordance with the approval details. REASON: To safeguard the character and appearance of the area in accordance with Policy 05 and 06 of the Lake District National Park Local Plan 2020-2035 and the provisions of the National Planning Policy Framework.
5. Prior to the first occupation of the dwellinghouse hereby permitted the solar panels detailed as part of the application shall be installed and shall be operational. REASON: To satisfy the requirements of Policy 20 of the Lake District National Park Local Plan 2020-2035.
6. Prior to the first occupation of the dwellinghouse or the temporary caravan hereby approved the mitigation measures set out in the Nutrient Neutrality Assessment and shown on the proposed block plan shall be implemented in its entirety. For the avoidance of doubt this shall include the installation of the package treatment plant, mitigation planting and land use change. Thereafter the house and caravan shall be connected to the package treatment plant and the land use change and planting shall be managed in accordance with the Nutrient Mitigation Strategy. REASON: To avoid an adverse effect on the integrity of the River Derwent and Bassenthwaite Special Area of Conservation in accordance with Policy 03 of the Lake District National Park Local Plan 2020-2035.
7. Not later than 12 months from the substantial completion of the development, landscaping of the site shall be undertaken in accordance with the details of a scheme which shall first have been submitted to and approved in writing by the Local Planning Authority. The said scheme shall include details of hard and soft landscaping proposals and boundary treatments. Any trees or plants which, within a period of five years thereafter, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation. REASON: To safeguard the visual amenities of the area in accordance with Policies 05 and 06 of the Lake District National Park Local Plan 2020-2035.
8. INFORMATIVE - Biodiversity Net Gain - Self-built or Custom built The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition") that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. Certain permissions are exempted by The Biodiversity Gain Requirements (Exemptions) Regulations 2024, and this application has been determined on the basis that it is exempt by virtue of the dwelling being self-built or custom built as declared on the application form. In order to comply with this exemption the development and subsequent occupation must be in accord with the definition of "self-build or custom housebuilding" set out in the Self-build and Custom Housebuilding Act 2015. This definition is as follows: (A1) In this Act "self-build and custom housebuilding" means the building or completion by- (a) individuals, (b) associations of individuals, or (c) persons working with or for individuals or associations of individuals, of houses to be occupied as homes by those individuals. (A2) But it does not include the building of a house on a plot acquired from a person who builds the house wholly or mainly to plans or specifications decided or offered by that person. If the development proceeds in accordance with the above definition then the biodiversity net gain condition would not apply and there is no need to submit a biodiversity gain plan for approval prior to commencing development. If, however, the development does not proceed on the basis of the above definition then the development would not be exempt and the biodiversity gain condition WOULD apply. The approval of a biodiversity gain plan WOULD therefore be required before development is begun. A failure to abide by the condition would be likely to render the whole development unauthorised. Following completion if you decide to sell the house or occupy it otherwise than as your own home, for example as a holiday let, the house will not meet the "self-build or custom housebuilding" definition and will not benefit from the planning permission granted. This will mean the whole development is unauthorised and at risk of enforcement action. If your plans for occupation change during the construction phase you need to let us know and submit a Biodiversity Gain Plan. In summary: A biodiversity gain plan WOULD NOT be required to be submitted to, and approved by, the planning authority before development may be begun ONLY if the development proceeds in accordance with the definition of self-build and custom housebuilding set out above.
9. Town and Country Planning (Development Management Procedure) (England) Order 2015 Article 35(2) statement. The Local Planning Authority have worked with the applicant in a positive and proactive manner by seeking solutions to problems arising in relation to dealing with the application by seeking amendments to the design.
10. The residential caravan hereby permitted shall not be occupied for residential accommodation other than by persons involved in the construction, management or supervision of the dwellinghouse the subject of the permission. Residential occupation of the caravan shall cease and the caravan removed following substantial completion of the dwellinghouse. REASON: The caravan would not provide an adequate standard of accommodation for normal and long term residential occupation and it would appear at odds with the character and appearance of the area. The caravan is only acceptable as temporary arrangement during the construction of the permitted dwellinghouse.
11. The development and subsequent occupation must be in accord with the definition of "self-build or custom housebuilding" set out in the Self-build and Custom Housebuilding Act 2015. The developer shall notify the Local Planning Authority in writing when house is first occupied, and supply details of the first occupier and the contribution they have made to the building or the planning or specification of that house. REASON: To determine whether the development complies with Self build and Custom Housebuilding Act 2015 and whether a biodiversity net gain condition is required in order to comply with Policy 04 of the Lake District National Park Local Plan (2020-2035) and the NPPF.

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