Agenda item

22/00432/FUL - Erection of retaining wall to existing boundary wall to protect TPO Trees. Construction of garage with habitable space above to side of house, erection of single storey extension to rear and infill extension to existing conservatory and removal of steps. Conversion of attic back into habitable space including alterations to roof and reinstatement of windows to attic gables.  Alterations to windows including replacing single glazed windows with double glazed upvc sash windows and installation of roof lights (additional Ecology Report received 16/06/2022 and Structural Condition Inspection Report received 11/07/2022) (as amended by plans received 27/04/2023, 19/07/2023 and 25/07/2023) and including tree works identified in Aboricultural Method and Impact Statements (Rev B) including Tree Protection Plan (received 19/07/2023).

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highways Engineer, Senior Arborist and the Conservation Consultant, four letters of objection received in response to the original proposal, one further letter of objection received in relation to the latest amended plans, the views of the Applicant, the Applicant’s Agent and one Objector, whom the Committee heard).

RESOLVED – That Planning Permission be granted subject to the following conditions:

1.      The development hereby permitted shall be commenced not later than the expiration of three years from the date of this permission.

REASON – To accord with the provisions of Section 91(1) of the Town and Country Planning Act, 1990.

2.      The development hereby permitted shall be constructed in accordance with the external materials/finishes as set out in the application, unless otherwise agreed, in writing, with the Local Planning Authority.

REASON - In the interests of maintaining the visual amenity of the development in accordance with the requirements of Policy DC1 of the Darlington Borough Local Plan 2016-2036.

3.      Notwithstanding any description of the external materials in the submitted application (Condition 2), details of the external materials used to repair/replace the conservatory together with the colour of the paint for the pebbledash render on the rear elevation and the style of the ‘Victorian’ front door shall be submitted to, and approved by, the Local Planning Authority in writing prior to the commencement of the development and the development shall not be carried out otherwise than in accordance with any such approved details.

REASON - In order that the Local Planning Authority may be satisfied as to the details of the development in the interests of the visual amenity of the area.

4.      The development hereby permitted shall be carried out in accordance with the approved plan, as detailed below:

• Proposed Site Plan Drawing No. 200 Revision P4 dated 26/06/2023

• Proposed Basement Floor Plan Drawing No. 210 Revision P4 dated 26/06/2023

• Proposed Ground Floor Plan Drawing No. 212 Revision P5 dated 26/06/2023

• Proposed First Floor Plan Drawing No. 213 Revision P4 dated 26/06/2023

• Proposed Attic Plan Drawing No. 214 Revision P4 dated 26/06/2023

• Proposed Roof Plan Drawing No. 215 Revision P4 dated 26/06/2023

• Proposed South (Front) Elevation Drawing No. 240 Revision P5 dated 26/06/2023

• Proposed West Elevation Drawing No. 241 Revision P5 dated 26/06/2023

• Proposed North Elevation Drawing No. 242 Revision P4 dated 26/06/2023

• Proposed East Elevation Drawing No. 243 Revision P5 dated 25/07/2023

• Proposed East Sectional Elevation Drawing No. 244 Revision P4 dated 26/06/2023

• Proposed North Sectional Elevation Drawing No. 245 Revision P4 dated 26/06/2023

• Proposed West Sectional Elevation Drawing No. 246 Revision P4 dated 26/06/2023

• Proposed South Sectional Elevation Drawing No. 247 Revision P4 dated 26/06/2023

REASON – To ensure the development is carried out in accordance with the planning permission.

5.      Notwithstanding details approved in Conditions 2 above, the three conservation rooflights formed in the east elevation of the proposed side extension shall remain non-opening and made from opaque glazing in perpetuity and shall not be repaired or replaced other than with opaque glazing.

REASON - In the interests of maintaining the residential amenity.

6.      The development hereby approved shall not be carried out otherwise than in complete accordance with the submitted Arboricultural Impact Assessment (Revision B) and the Arboricultural Method Statement (Revision B) and the Tree Protection Plan detailed below submitted by AllAboutTrees:-

• Arboricultural Impact Assessment Tree Protection Plan (TPP Rev B) dated 19/07/2023

REASON – In the interest of the visual appearance of the development and to protect trees within the site.

7.      No demolition, site clearance or building operations shall be commenced until 2m high fencing consisting of galvanized tube, braced to resist impacts and supporting by a welded mesh wired to the uprights and horizontals to dissuade encroachment has been erected around the root protection area,

REASON – To safeguard the life of the trees within and adjacent to the site by protecting them from damage.

8.      (E9) None of the following activities shall be carried out under the canopy spread of any trees or within a minimum of five metres of the trunks whichever is the greater, except with the consent in writing of the Local Planning Authority :-

(i)                  the raising or lowering of levels in relation to the existing ground level;

(ii)                cutting of roots, digging of trenches, removal of soil;

(iii)              the construction of buildings, roads or the carrying out of other engineering operations;

(iv)              the lighting of fires;

(v)                driving vehicles over the area below the spread of the branches of the tree; and

(vi)              the storing of materials or equipment.

REASON - In the interests of the visual amenities of the area and to safeguard the wellbeing of the tree(s) on the site.

9.      The development shall not be carried out otherwise than in complete accordance with the methodology set out in the submitted Ecological Impact Assessment submitted by Naturally Wild (HOO-21-09 dated August 2021) unless otherwise agreed in writing by the Local Planning Authority.

REASON – To accord with the Wildlife & Countryside Act 1981.

10.  Prior to the commencement of the development, details of the proposed nest boxes should be submitted to and approved in writing by the Local Planning Authority and said nest boxes should remain in situ for the lifetime of the development.

REASON – To accord with the submitted Ecological Impact Assessment detailed in Condition 9.

11.  The work to the boundary wall hereby permitted shall be carried out in accordance with the details shown on drawing no. 0359-HOOT-XX-XX-DR-A 280 Revision P1 dated 26.04.2022 entitled ‘Proposed Indicative Boundary Wall Detail’.

REASON - To ensure the development is carried out in accordance with the planning permission and to minimise impact on tree roots along the boundary with No. 1 Linden Avenue.