Agenda item

17/00632/OUTE - Outline planning application for the erection of up to 535 Dwellings, landscaping, ancillary works and wider highway mitigation measures with all matters reserved except access For the avoidance of doubt planning permission is hereby granted separately and severably for site infrastructure landscaping and development cells identified on plan reference Indicative Development Framework plan (Drawing Number 7055-SK-01_N) (Additional Phasing Plan and Noise Assessment and Amended Flood Risk Assessment and Masterplan received 8 November 2017; additional Archaeology Report received 7 February 2018; additional Transport Assessment Addendum and additional Arboricultural Report received 3 January 2019 and Environmental Statement received 11 January 2019; updated Planning Statement; Environmental Statement and Ecology Reports received 28 January 2022; amended site location plan received 10 March 2022; Health Impact Assessment received 2 August 2022; amended Habitat Regulation Assessment and Nutrient Assessment Report and supporting information received 15 August 2023 and 7 September 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, Environmental Health Officer, Transport Policy Officer, Travel Plan Officer, Ecology Consultant, Head of Skills and Employability (Education), Conservation Officer and Public Rights of Way Officer, the views of the Durham County Council Archeology Team, the Environment Agency, Northumbrian Water, the Lead Local Flood Authority, National Highways, Natural England, Historic England, Northern Gasworks and Sport England.

 

Members were informed that prior to the adoption of the Darlington Local Plan (2016-2036) in February 2022, the planning application had attracted 220 letters of objection and three letters of representation. At this time objections were also received from Darlington Friends of the Earth, Darlington Bird Club, the Campaign for the Protection of Rural Countryside (CPRE), Jenny Chapman MP and Phil Wilson MP on behalf of constituents, and Low Coniscliffe and Merrybent Parish Council. A further 118 objections had been received following further notification exercises undertaken by the local planning authority, when appropriate, and the views of the Applicant, the Applicant’s Agent, one objector and the Ward Councillor, whom the Committee heard.)

 

RESOLVED – Subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 within six months to secure planning obligations that are appropriate for the development covering:

 

a)      A Public Transport contribution of £262,500

b)      Public Rights of Way Improvements and Safe Route to School contribution of £423,207,75

c)      Travel Plan Contributions consisting of:

a.      £2850 monitoring fee

b.      £160,500 for Personalised Travel Advice

c.       £107,000 for Travel Plan Implementation Bond

d)      Off site Highway Improvements Works on the A66 of £310,212.79

e)      Management Programme for open space and play areas

f)       20% affordable housing, of which, 50% for affordable rent and 50% for affordable home ownership.

 

that Planning Permission be granted subject to the following conditions:

 

GENERAL

1. Details of the appearance, landscaping, layout, and scale of the whole of the development or within each phase of the development hereby permitted (hereinafter called “the reserved matters”) for each phase shall be obtained from the Local Planning Authority in writing before any development within that part of the site is commenced. The development shall be carried out as approved.
   
   

REASON - To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

 

2. Applications for approval of the reserved matters shall be made to the local planning authority not later than five years from the date of this permission.

 

REASON - To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

 

3. The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.

 

REASON - To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

 

APPROVED PLANS

 

4. The development hereby permitted shall be carried out in accordance with the following approved plans:

 

a)      Drawing Number CR D LP01 REV A - Location Plan

b)      Drawing Number 14011/GA/01 Rev D Site Access Proposals

 

            REASON - For the avoidance of doubt.

 

5. The application(s) made pursuant to condition 1 shall not propose more than 535 dwellings.

 

             REASON - For the avoidance of doubt.

 

HILLSIDE CONDITION

 

6. The development hereby permitted shall be built in accordance with the approved plans listed at Condition 4) and the approved Indicative Development Framework plan (Drawing Number 7055-SK-01_N) listed at condition 7 unless a further planning application specific to one or more of the severable areas is submitted and approved by the Council in substitution for that part of the approved development. If such an application is approved, the remaining severable areas may still be developed as approved in this planning permission, it being intended that this Planning permission should permit each severable area separately and severably from the others.

 

REASON - For the avoidance of doubt.

 

MASTERPLAN

 

7. The detailed matters to be covered in the Reserved Matters, shall be carried out in broad accordance with the Indicative Development Framework plan (Drawing Number 7055-SK-01_N) contained in the application and the plans submitted therewith and approved by the Local Planning Authority or as shall have been otherwise agreed in writing by the Local Planning Authority.

 

REASON - In order to achieve a satisfactory form of development.

 

NUTRIENT NEUTRALITY

 

8. The 336th dwelling of the development hereby permitted shall not be occupied until:

 

a)      A mitigation package addressing the additional nutrient input arising from the development has been submitted to, and approved in writing by, the Local Planning Authority. Such mitigation package shall address the additional nutrient load imposed on protected European Sites by the development beyond the occupation of the 336th dwelling and shall allow the Local Planning Authority in consultation with Natural England to ascertain that such additional nutrient loading will not have an adverse effect on the integrity of the protected European Sites, having regard to the conservation objectives for those sites; and

 

b)      All measures forming part of that mitigation package have been implemented as approved.

 

REASON - To ensure the development is nutrient neutral in accordance with the Conservation of Habitats and Species Regulations 2017.

 

9. Prior to the occupation of the first dwelling, details shall be submitted to and approved in writing by the Local Planning Authority to show that agricultural production on all land within the redline boundary of the planning application site has ceased. The evidence shall include the submission of a management plan setting out how the agricultural use remains ceased and an annual report demonstrating continued adherence to this mitigation strategy.

 

REASON - To ensure the development is nutrient neutral in accordance with the Conservation of Habitats and Species Regulations 2017.

 

10. Notwithstanding the approved plans, the development hereby approved shall include a minimum of 13.28 hectares of greenspace, unless otherwise agreed by the Local Planning Authority and prior to the occupation of the first dwelling, a landscape management plan, including the long term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens) shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved and any subsequent amendments shall be agreed in writing by the Local Planning Authority. The scheme shall include the following elements:

 

a)      The detail, extent and type of new planting;

b)      Details of management regimes including confirmation that the green spaces will be managed with no or low fertiliser input; This document was classified as:

c)      Details of any new habitat created on site including new drainage basins, habitat piles and great crested newt hibernacula;

d)      Details of treatments of site boundaries and/or buffers around water bodies;

e)      Details of dog waste bins and

f)       Details of management responsibilities

 

REASON - To ensure the development is nutrient neutral in accordance with the Conservation of Habitats and Species Regulations 2017.

 

EXTERNAL MATERIALS

 

11. No dwellings hereby approved within the development as a whole or within each phase of the development shall be erected above damp proof course level until samples and details of the external materials to be used in the construction of those dwellings in that phase have been submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details.

 

REASON - In the interests of the visual amenity.

 

NOISE

 

12. For each phase of the development, prior to or at the same time as a reserved matters application relating to layout, a detailed noise impact assessment and scheme of noise mitigation for the protection of proposed residential properties from road traffic noise (from the A1(M), Coniscliffe Road and the new strategic spine road) and noise from the Baydale Beck Public House, compiled by a suitably qualified and experienced acoustic consultant, shall be submitted to, and approved by, the Local Planning Authority. The noise impact assessment shall consider the proposed layout, orientation and design of the dwellings based on good acoustic design* and the scope of the assessment shall be agreed in writing with the Local Planning Authority prior to the submission of the assessment.

 

a)      The noise impact assessment shall demonstrate via calculations that the following internal and external noise levels in respect of residential properties are not exceeded:

 

·       Internal noise levels for bedrooms shall not exceed 30dB LAeq(8 hour)**

·       Internal levels shall not exceed 45dB LAFmax more than 15 times during the night***

·       Internal noise levels for living rooms shall not exceed 35dB LAeq(16 hour)**

·       External noise levels within garden areas shall not exceed 55dB LAeq(16 hour)** unless otherwise agreed in writing with the Local Planning Authority

 

* A good acoustic design process should be followed in accordance with Professional Practice Guidance on Planning & Noise New Residential Development, May 2017.

** LAeq(8 hour) nighttime 8 hours between 23:00 and 07:00 and LAeq(16 hour) daytime 16 hours between 07:00 and 23:00. In relation to garden areas, where possible the desirable level of 50dB LAeq(16 hour) shall not be exceeded.

*** Justification shall be included in the noise impact assessment on the external LAFmax used to calculate the façade mitigation required and internal noise levels.

 

b)      The detailed scheme of noise mitigation shall include the following:

 

·       Details of the sound insulation, alternative forms of ventilation and any other works to be provided for the proposed residential properties to achieve the internal and external noise levels as specified above.

·       The details (height, density), design and location of any acoustic barrier to be installed to achieve the internal and external noise levels at the proposed residential properties as specified above.

·       A plan identifying the proposed residential properties which require noise mitigation and the noise mitigation measures to be installed.

 

c)      The requirements of this condition or parts of the condition can be dispensed with if it is demonstrated and agreed in writing with the Local Planning Authority that no adverse noise impacts from a particular source(s) will arise for the particular phase of the development.

 

The development of the phase(s) to which the noise impact assessment and scheme of noise mitigation relates shall not be carried out other than in complete accordance with the details so approved and thereafter shall be retained and maintained for the duration of the development. All works required by the scheme to achieve the internal and external noise levels at a residential property shall be completed prior to the occupation of that particular property.

 

REASON - In order to safeguard the amenities of the future impacts of the development.

 

CONSTRUCTION IMPACTS

 

13. Prior to the commencement of each phase of the development, a site-specific Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority. The plan shall include the following, unless the Local Planning Authority dispenses with any requirement[s] specifically and in writing:

 

a)      Dust Assessment Report which assesses the dust emission magnitude, the sensitivity of the area, risk of impacts and details of the dust control measures to be put in place during the construction phase of the development. The Dust Assessment Report shall take account of the guidance contained within the Institute of Air Quality Management “Guidance on the assessment of dust from demolition and construction” February 2014.

b)      Methods for controlling noise and vibration during the construction phase and shall take account of the guidance contained within BS5228 “Code of Practice for noise and vibration control on construction and open sites” 2009.

c)      Details of any temporary construction access to the site including measures for removal following completion of construction works.

d)      Wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway.

e)      The parking of contractors’ site operatives and visitor’s vehicles.

f)       Areas for storage of plant and materials used in constructing the development clear of the highway.

g)      Measures to manage the delivery of materials and plant to the site including routing and timing of deliveries and loading and unloading areas.

h)      Details of the routes to be used by HGV construction traffic and highway condition surveys on these routes.

i)        Protection of carriageway and footway users at all times during demolition and construction.

j)        Protection of contractors working adjacent to the highway.

k)      Details of site working hours.

l)        Erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate.

m)   Means of minimising dust emissions arising from construction activities on the site, including details of all dust suppression measures and the methods to monitor emissions of dust arising from the development.

n)      Measures to control and monitor construction noise.

o)      An undertaking that there must be no burning of materials on site at any time during construction.

p)      Removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works.

q)      Details of the measures to be taken for the protection of trees.

r)       Details of external lighting equipment.

s)       Details of any ditches to be piped during the construction phases.

t)       A detailed method statement and programme for the building works; and

u)      Contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

 

The development shall not be carried out otherwise than in complete accordance with the approved Plan.

 

REASON - In the interests of highway safety and to protect the amenity of the local area.

 

14. Construction work for each phase of the development, including the use of plant and machinery (including generators) as well as deliveries to and from the site(s), shall not take place outside the hours of 08.00 - 18.00 Monday - Friday, 08.00 - 14.00 Saturday with no working on a Sunday and Bank/Public Holidays without the prior written permission from the Local Planning Authority.

 

REASON - To protect the amenity of the local area.

 

15. For each phase of the development, if piled foundations are proposed, details of the piling method including justification for its choice, means of monitoring vibration and groundwater risk assessment, if necessary, in accordance with recognised guidance shall be submitted to and agreed in writing by the Local Planning Authority. The development shall not be carried out otherwise than in accordance with the approved details.

 

REASON - To protect the amenity of the local area.

 

LAND CONTAMINATION

16. Prior to the commencement of each phase of the development and any site investigation works or at a time agreed in writing by the Local Planning Authority a Phase 2 Site Investigation Strategy (Sampling and Analysis Plan) shall be designed and documented by a "suitably competent person(s)" in accordance with published technical guidance (e.g. BS10175 and CLR11) and be submitted to and agreed in writing with the Local Planning Authority, unless the Local Planning Authority dispenses with the requirement specifically and in writing. The Phase 2 Site Investigation Strategy (Sampling and Analysis Plan) shall be sufficient to fully and effectively characterise and evaluate the nature and extent of any potential contamination and assess pollutant linkages. No alterations to the agreed Phase 2 Site Investigation Strategy or associated works shall be carried out without the prior written agreement of the Local Planning Authority.
    
    

REASON - The site may be contaminated as a result of past or current uses and/or is within 250 metres of a site which has been landfilled. To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework 2023.

 

17. Prior to the commencement of each phase of the development or at a time agreed in writing by the Local Planning Authority a Phase 2 Site Investigation works shall be conducted, supervised and documented by a “suitably competent person(s)” and carried out in accordance with the approved Phase 2 Site Investigation Strategy (Sampling and Analysis Plan). A Phase 2 Site Investigation and Risk Assessment Report prepared by a “suitably competent person(s)”, in accordance with published technical guidance (e.g. BS10175 and CLR11) and shall be submitted to and agreed in writing with the Local Planning Authority unless the Local Planning Authority dispenses with the requirement specifically and in writing.

REASON - The site may be contaminated as a result of past or current uses and/or is within 250 metres of a site which has been landfilled. To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework 2023.

 

 

18. Prior to the commencement of each phase of the development or at a time agreed in writing by the Local Planning Authority a Phase 3 Remediation and Verification Strategy shall be prepared by a "suitably competent person(s)" to address all human health and environmental risks associated with contamination identified in the Phase 2 Site Investigation and Risk Assessment. The Remediation and Verification Strategy which shall include an options appraisal and ensure that the site is suitable for its new use and no unacceptable risks remain, shall be submitted to and agreed in writing with the Local Planning Authority, unless the Local Planning Authority dispenses with the requirement specifically and in writing.

REASON - The site may be contaminated as a result of past or current uses and/or is within 250 metres of a site which has been landfilled. To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework 2023.

 

19. Any contamination not considered in the Phase 3 Remediation and Verification Strategy but identified during subsequent construction/remediation works shall be reported in writing within a reasonable timescale to the Local Planning Authority. The contamination shall be subject to further risk assessment and remediation proposals agreed in writing with the Local Planning Authority and the development completed in accordance with any further agreed amended specification of works.

REASON - The site may be contaminated as a result of past or current uses and/or is within 250 metres of a site which has been landfilled. To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework.

 

20. The Phase 3 Remediation and Verification works shall be conducted, supervised and documented by a "suitably competent person(s)" and in accordance with the agreed Phase 3 Remediation and Verification Strategy. No alterations to the agreed Remediation and Verification Strategy or associated works shall be carried out without the prior written agreement of the Local Planning Authority. A Phase 4 Verification and Completion Report shall be compiled and reported by a "suitably competent person(s)", documenting the purpose, objectives, investigation and risk assessment findings, remediation methodologies, validation results and post remediation monitoring carried out to demonstrate the completeness and effectiveness of all agreed remediation works conducted. The Phase 4 Verification and Completion Report and shall be submitted and agreed in writing with the Local Planning Authority within 2-months of completion of the development or at a time agreed unless the Local Planning Authority dispenses with the requirement specifically and in writing. The development site or agreed phase of development site, shall not be occupied until all of the approved investigation, risk assessment, remediation and verification requirements relevant to the site (or part thereof) have been completed, reported and approved in writing by the Local Planning Authority.

REASON - The site may be contaminated as a result of past or current uses and/or is within 250 metres of a site which has been landfilled. To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework.

 

PHASING PLAN

21. Notwithstanding the detail shown on the approved plans, no development (except for site preparation works and the formation of a site compound) shall take place until a scheme of phasing for the dwellings, highways, and Drainage infrastructure and associated open space/green infrastructure has been submitted to and approved in writing by the local planning authority. Development shall be carried out broadly in accordance with the approved details.
    
    

REASON - To ensure that the key elements of each phase of the development is completed in an order which ensures that infrastructure needs, landscaping/open space and access are in place relevant to each phase before further development is undertaken, in the interests of good planning.

 

FLOOD RISK AND DRAINAGE

22. The development hereby approved shall not be commence on site, until a scheme of Surface Water Drainage and Management” for the implementation, maintenance and management of a Sustainable Surface Water Drainage Scheme has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details, The scheme shall include but not be restricted to providing the following details;

 

a)      Detailed design of the surface water management system including design water levels and finished floor levels demonstrating a suitable freeboard

b)      A build program and timetable for the provision of the critical surface water drainage infrastructure

c)      A management plan detailing how surface water runoff from the site will be managed during construction Phase

d)      Details of adoption responsibilities; and

e)      Management plan for the Surface Water Drainage scheme and any maintenance and funding arrangement;

 

The development hereby approved shall not be brought into use until the approved ‘Surface Water Drainage’ scheme has been implemented and the approved scheme shall be maintained in accordance with the Surface Water Management scheme for the lifetime of the development.

REASON - To ensure the site is developed in a manner that will not increase the risk of surface water flooding to site or surrounding area, in accordance with the guidance within Policy DC2 of the Darlington Local Plan and the National Planning Policy Framework 2023.

 

23. The development permitted by this planning permission shall only be carried out in accordance with the approved document “Flood Risk Assessment and Surface Water Management Strategy for a Proposed Residential Development at Coniscliffe Road, Darlington” dated “ produced by ID Civils Design Ltd dated October 2017”and the following mitigation measures detailed within the FRA:

 

·       Limiting the surface water runoff generated by the impermeable areas of the development up to and including the 100 year critical storm so that it will not exceed the runoff from the undeveloped site and not increase the risk of flooding off site This will be achieved in accordance with the calculations within Section 5 stating a post development discharge limit of 89 l/s.

 

The mitigation measures shall be fully implemented prior to the occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any period as may subsequently be agreed, in writing, by the local planning authority.

 

REASON - To prevent flooding by ensuring the satisfactory storage of / disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants.

 

24.  No buildings/dwellings should be occupied until the surface water management system for the development or any phase of the development is in place and fully operational. A maintenance plan detailing how the surface water management system will be maintained during the construction phase must also be submitted and approved in writing by the Local Planning Authority.

REASON - To reduce flood risk during construction/development of the site.

 

25. The development permitted by this planning permission shall only be carried out in accordance with the approved “Flood Risk Assessment and Surface Water Management Strategy for a Proposed Residential Development at Coniscliffe Road, Darlington” dated “ produced by ID Civils Design Ltd dated October 2017”and the following mitigation measures detailed within the FRA:

 

a)      Limiting the developable area, excluding roads and footpaths, outside of the flood zone areas and outside of the 8 metre easement of the Main Rivers in the vicinity.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

REASON - To reduce the risk of flooding to the proposed development and future occupants.

 

26. The development hereby permitted shall not commence until such time as a detailed sewage infrastructure plan has been submitted to, and approved in writing by, the local planning authority. The plan shall be implemented as approved and shall include the following elements:

 

·       A timescale for the proposed works at Northumbrian Water Limited (NWL) sewage treatment works, which will provide the required extra capacity and treatment levels to prevent deterioration of the Water Framework Directive (WFD) status of the Tees from Skerne to Tidal Limit waterbody (GB103025072595). This will ensure that any proposed works will align with the build times of the development;

·       An assessment of the WFD impacts to the Skerne to Tidal Limit waterbody (GB103025072595) from the increase of foul drainage looking at the impact of Ammonia and Phosphate concentrations of the waterbody.

·       An assessment of the hydraulic capacity, where any combined sewers will be connected into, demonstrating that no additional spills from combined systems will occur due to a lack of hydraulic capacity; and

·       An assessment of the total volume of foul drainage that will be generated by the development.

 

REASON - The Water Environment (Water Framework Directive) Regulations 2017 and the Northumbria River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies. It specifically states that no waterbody should deteriorate in status and aim to achieve Good Status or Good Ecological Potential as soon as is reasonably practical. Any proposed plan or development should not contradict the Northumbria River Basin Management Plan 2015. Without this condition, the impact could cause deterioration of the Water Framework Directive status of the Tees from Skerne to Tidal Limit waterbody, which currently has a WFD status of Moderate.

 

27. The development hereby permitted shall not commence until such time as a Construction Surface Water Management Plan has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved, and the plan should include, but not limited to, the following:

 

·       Treatment and removal of suspended solids from surface water run-off during construction works;

·       Approach to ensure no sewage pollution or misconnections;

·       Approach to ensure water mains are not damaged during construction works;

·       Management of fuel and chemical spills during construction and operation, including the process in place to ensure the environment is not detrimentally impacted in the event of a spill;

·       If contaminated land is present then construction runoff is likely to contain hazardous chemicals and elements. If this is the case, a scheme is required to manage the associated risks, and minimise mobilisation of hazardous pollutants into the water environment during construction and site operation.

 

REASON - To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by unacceptable levels of water pollution in line with paragraph 174 of the National Planning Policy Framework 2023.

 

28. No development shall take place until a Biosecurity Plan has been submitted to, and agreed in writing by, the local planning authority and implemented as approved. The biosecurity plan shall include the following elements:

 

·       biosecurity and Invasive Non Native Species (INNS) management best practice, utilising the check-clean-dry procedure across the site.

·       identify specific actions and mitigation for known INNS, and methods to ensure no INNS are brought on to site; and

·       a procedure should be outlined in the event of new INNS being discovered whilst on site; in the event of which a strategy for containment and removal should be enacted.

 

REASON - To prevent the spread of invasive non-native species, such as signal crayfish, Himalayan balsam, American skunk cabbage, rhododendron, giant hogweed, and Japanese knotweed.

 

29. Development shall be implemented in line with the drainage scheme contained within the submitted document entitled “Flood Risk Assessment and Surface Water Management Strategy for a Proposed Residential Development at Coniscliffe Road, Darlington” dated “ produced by ID Civils Design Ltd dated October 2017”. The drainage scheme shall ensure that foul flows discharge to the foul sewer at manhole 4901 and ensure that surface water discharges to the existing watercourse.

 

REASON - To prevent the increased risk of flooding from any sources in accordance with the National Planning Policy Framework 2023.

 

ECOLOGY

30. The development hereby approved shall not be carried out otherwise than in complete accordance with the Recommendations contained within Chapter 6 of the document entitled “Ecological Appraisal – Land to the North of Coniscliffe Road, Darlington” dated December 2021 and produced by Delta Simons unless otherwise agreed in writing by the Local Planning Authority.

            
REASON - In the interest of protecting habitats and biodiversity.

 

31. At each Reserved Matters stage, an updated DEFRA Metric shall be submitted to and approved in writing by the Local Planning Authority to ensure that the proposal achieves a net gain in accordance with the submitted Biodiversity Net Gain Report “Land North of Coniscliffe Park, Darlington” produced by Delta Simons dated January 2022 unless otherwise agreed in writing by the Local Planning Authority.
    
    

REASON - To ensure that any impacts on biodiversity and ecology are mitigated and that appropriate enhancement works, and biodiversity net gain are secured.

 

32. At Reserved Matters stage, an updated 30 year Biodiversity and Ecological Management for the who development or each phase of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out and operated in full accordance with the measures contained within the final Biodiversity Management Plan, including provision for future monitoring, reporting and any necessary amendment of management measures, or such other alternative measures which may subsequently be approved in writing by the Local Planning Authority for the lifetime of the development hereby approved.
     

REASON - To ensure that any impacts on biodiversity and ecology are mitigated and that appropriate enhancement works, and biodiversity net gain are secured.

 

33.  The landscaping scheme submitted under condition 1 shall seek to include the following ecological principles:

 

·       The Green Infrastructure corridor alongside the Baydale Beck should seek to significantly enhance the biodiversity value of this feature. Public access arrangements should reflect the importance of this feature as a wildlife corridor and the need to reduce disturbance of habitats along the Baydale Beck.

·       The SUDs should incorporate retention basins / wetland habitat types as alternatives to detention basins. Retention features still have a drainage function but deliver far greater biodiversity gains. The use of conveyance features and rain gardens should be considered throughout the development, integrated within Green Infrastructure and the development cells.

·       The built environment should also provide opportunities for wildlife. Housing should provide nesting and roosting opportunities for bats, birds and invertebrates through the incorporation of built-in wildlife bricks that provide opportunities for a range of species. The range of species catered for should be expansive and approx. 30% of the houses should include some form of integrated nesting opportunities for wildlife.

·       A green corridor to the east which links the Baydale Beck to the development to the north. The corridor could incorporate semi-natural habitats and SUDs features to create ecological connectivity through the site and link the developments.

·       The use of flowering lawns rather than more intensively managed traditional amenity grasslands where considered appropriate.

 

REASON - In the interest of protecting and enhancing habitats and biodiversity.

 

HIGHWAYS

34. Prior to the first occupation of the development, a detailed scheme for the offsite highway improvement works, including an arboricultural works and protection measures, at Blands Corner, shown indicatively on drawing 14011/GA/05 rev D, shall be submitted to and approved in writing by the Local Planning Authority in consultation with National Highways.

REASON - To ensure that the A66 continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10 (2) of the Highways Act 1980, in the interests of road safety.

 

35. Prior to the occupation of the 105th dwelling, the off-site highway improvement works referred to in condition No.34 shall be completed in accordance with such details as approved.

REASON - To ensure that the A66 continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10 (2) of the Highways Act 1980, in the interests of road safety.

 

36. No more than 300 dwellings shall be occupied under this permission until the link road has constructed to the northern boundary of the site.

            
REASON - In the interests of highway safety.

 

37. Except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any road or any structure or apparatus which will lie beneath the road must take place on any phase of the road construction works, until swept path analysis, fully detailed engineering drawings of all aspects of roads and sewers for that phase, including any structures which affect or form part of the highway network, and a programme for delivery of such works have been submitted to and approved in writing by the Local Planning Authority. The development must only be carried out in compliance with the approved engineering drawings.

 

REASON - To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of all highway users.

 

38. No part of the development to which this permission relates must be brought into use until the carriageway and any footway or footpath from which it gains access is constructed to binder course macadam level or block paved (as approved) and kerbed and connected to the existing highway network with any street lighting installed and in operation. The completion of all road works, including any phasing, must be in accordance with a programme submitted to and approved in writing with the Local Planning Authority before any part of the development is brought into use.

 

REASON - To ensure safe and appropriate access and egress to the premises, in the interests of highway safety and the convenience of all prospective highway users.

 

39. Notwithstanding condition 21), except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any road or any structure or apparatus which will lie beneath the road must take place on any phase of the road construction works, until full detailed phasing plans of the internal highway and footways which affect or form part of the highway network, and a programme for delivery of such works have been submitted to and approved in writing by the Local Planning Authority. Details shall include for each individual phase; how each phase(s) of the development provide footway and cycleway connections between one another; and to the proposed Safer Routes to School STRS) network to the east of the application site, via the 2no proposed bridges and 1no.existing bridge over Baydale Beck (whichever is applicable) and other suitable routes.  This will include phasing details for new and improved/modified walking and cycling infrastructure to ensure that the cycling and walking network within the site are developed in a comprehensive and timely manner and provide safer routes to local schools. The development must only be carried out in compliance with the approved engineering drawings and the routes identified will be constructed in accordance with the phasing details prior to the occupation of each phase to ensure that residents have access to community services via active travel.

REASON - To ensure safe and appropriate access and egress and turning facilities to all premises, in the interests of highway safety and the convenience of all prospective highway users.

 

40. For each scheme of off-site highway mitigation, except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme must take place, until full detailed engineering drawings of all aspects of that scheme including any structures which affect or form part of the scheme have been submitted to and approved in writing by the Local Planning Authority. An independent Stage 2 Road Safety Audit carried out in accordance with GG119 - Road Safety Audits or any superseding regulations must be included in the submission and the design proposals must be amended in accordance with the recommendations of the submitted Safety Audit prior to the commencement of works on site. A programme for the delivery of that scheme and its interaction with delivery of the other identified schemes must be submitted to and approved in writing by the Local Planning Authority prior to construction works commencing on site. Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme of delivery.

REASON - To ensure that the design is appropriate in the interests of the safety and convenience of highway users.

 

41. There must be no access or egress by any vehicles between the highway and in curtilage driveway until visibility splays providing clear visibility of 2.0 metres x 2.0 metres measured down each side of the access and the back edge of the footway of the major road have been submitted to and approved in writing by the Local Planning Authority.  In measuring the splays, the eye height must be 1.05 metres and the object height must be 0.6 metres.  Once created, these visibility splays must be maintained clear of any obstruction and retained for their intended purpose at all times.

REASON - In the interests of highway safety.

 

42. No dwelling on each phase of the development must be occupied until the related parking facilities submitted to and approved in writing by the Local Planning Authority. The agreed parking provision shall be constructed in accordance with the details approved in writing by the Local Planning Authority prior to the occupation of each dwelling on each phase of the development.  Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

REASON - To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

 

HOUSING MIX

 

43. The development hereby approved shall comprise 45% of all new dwellings meeting building regulations category M4(2) adaptable and accessible dwelling standards and 9% meeting M4 (3 a or b) wheelchair user dwellings standard. Precise details of how this will be achieved shall be submitted as part of the Reserved Matters applications requested by condition 1) and the development shall not be carried out otherwise than in complete accordance with the approved details.
    
    

REASON – To ensure the development complies with policy H4 of the Darlington Local Plan 2016 – 2036.

 

SUSTAINABLE TRANSPORT

44. Prior to the first occupation of dwellings on each phase of the development, precise details of cycle parking provision for each dwelling within that phase shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking details shall accord with the guidance contained within Cycle Infrastructure Design - Local Transport Note 1/20 July 2020 and shall be in place prior to the occupation of each dwelling.

REASON - In order to promote sustainable modes of transport.

 

45. Prior to the construction of dwellings within the development, precise details of the location and infrastructure design of bus stops on the proposed link road shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be fully implemented to an adoptable standard and available for use within a timeframe to be agreed by the Local Planning Authority.

REASON - To ensure that a bus service can be operational within the development.

 

46. Prior to the first occupation of the development hereby approved or each phase of the development, details of the type and location of an electrical socket suitable for charging electric vehicles for each property with a dedicated garage or parking space, shall be submitted to and approved by the Local Planning Authority.  Thereafter the development shall be undertaken in accordance with the approved details prior to the occupation of the dwellings and maintained as such thereafter. 

REASON - To accord with Policy IN4 of the Local Plan.

 

PUBLIC RIGHTS OF WAY

47. Prior to the commencement of the development, a phased Public Right of Way Strategy shall be submitted and approved in writing, by the Local Planning Authority. The details shall include but not be limited to, details of shielding, surfacing, crossings and further provisions made for the Public Rights of Way both on and surrounding the site., details of timelines for construction in proximity to the Public Rights of Way and how users will be kept safe during the construction period of each phase. The development shall not be carried out otherwise than in complete accordance with the approved details.
    
    

REASON - To protect and enhance the existing Public Rights of Way in accordance with Policy IN1 of the Darlington Local Plan 2016 – 2036.

 

PLAY AREAS

48. The details to be submitted in pursuance of Condition 1 shall include details on the precise number, design and location of children’s play areas within the application site, the details of the play equipment that would be provided within the areas and a timeframe for their implementation. The development shall not be carried out otherwise than in complete accordance with the approved details and the agreed details shall be retained during the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.
    
    REASON - In the interests of the character and appearance of the proposed development.

 

 

LANDSCAPING

49. The landscaping details to be submitted in pursuance of Condition 1 shall include the provision of green infrastructure based on the formula contained within Policy ENV5 of the Darlington Local Plan 2016 - 2036. The types of green infrastructure shall include informal recreation space, wildlife friendly space, street trees and landscape buffers/enhancements to Baydale Beck corridor including linkages, on the western boundary adjoining the Merrybent Community Woodland to the agricultural land to the north and the frontage with the A67 . The development shall not be carried out otherwise than in complete accordance with the approved details.

REASON - In the interests of the character and appearance of the proposed development and in order to comply with Housing Allocation Statement (Site 41 – Coniscliffe Park South) contained within Appendix B Darlington Local Plan 2016 – 2036.

 

50. The landscaping details agreed under condition 1 shall be shall be fully implemented concurrently with the carrying out of the development or each phase of the development, or within such extended period which may be agreed in writing by, the Local Planning Authority and thereafter any trees or shrubs removed, dying, severely damaged or becoming seriously diseased shall be replaced, and the landscaping scheme maintained for a period of five years to the satisfaction of the Local Planning Authority.
    
    

             REASON - In the interests of the visual amenities of the area.

 

BROADBAND CONNECTIVITY

51.  Prior to the any commencement of development or any phase of the development, above damp proof course level, a statement shall be submitted to and approved in writing by the Local Planning Authority detailing the measures necessary for providing broadband connectivity, including ducts, to each premises within the development hereby approved.  The approved infrastructure shall be laid out in accordance with the details as approved at the same time as other services during the construction process and be available for use on the first occupation of each building and thereafter be so maintained for the lifetime of the development.

REASON - To ensure that the development is provided with high quality broadband services enhancing its attractiveness, in accordance with Policy IN8 of the Local Plan.

 

TREES

52. The details to be submitted in pursuance of Condition 1 shall include an Arboricultural Impact Assessment, an Arboricultural Method Statement and a Tree Protection Plan for the whole development or each phase. The submitted details for the Tree Protection Plan shall comprise generally the specification laid down within BS 5837 and shall include fencing of at least 2.3m high, consisting of a scaffolding frame braced to resist impacts, supported by a wired to the uprights and horizontals to dissuade encroachment. The agreed scheme of protection shall be in place before the commencement of any work, including demolition operations. The Local Planning Authority shall be given notice of the completion of the protection works prior to the commencement of any work to allow an inspection of the measurements to ensure compliance with the approved scheme of protection. Notwithstanding the above approved specification, none of the following activities shall take place within the segregated protection zones in the area of the trees:

 

a) The raising or lowering of levels in relation to the existing ground levels;

b) Cutting of roots, digging of trenches or removal of soil;

c) Erection of temporary buildings, roads or carrying out of any engineering operations;

d) Lighting of fires;

e) Driving of vehicles or storage of materials and equipment.

 

REASON - In the interests of the visual appearance of the site and surrounding area.

 

TRAVEL PLAN

 

53. Further to the submitted Framework Travel Plan (May 2017 Rev 2), a Travel Plan (TP) shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority and Highways England. prior to the first occupation of each phase of the development hereby approved. The individual Travel Plan shall be added to the ModeshiftStars Community / Modeshift Stars Business/Residential site and the Travel Plan shall be continued in accordance with the details contained therein, including attaining Bronze Standard within 12 months of the occupation of the phase of development and annual reviews for the first five years of the Plan unless otherwise agreed in writing by the Local Planning Authority.
    
    

REASON - To encourage and promote sustainable transport.

 

ARCHAEOLOGY

54. No development shall commence until a written scheme of investigation setting out a phased programme of archaeological work in accordance with 'Standards For All Archaeological Work In County Durham And Darlington' has been submitted to and approved in writing by the Local Planning Authority. The programme of archaeological work will then be carried out in accordance with the approved scheme of works.
    
    

REASON - To safeguard any Archaeological Interest in the site, and to comply with part 16 of the National Planning Policy Framework 2023.

 

55. No part of an individual phase of the development as set out in the agreed programme of archaeological works shall be occupied until the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation. The provision made for analysis, publication and dissemination of results, and archive deposition, should be confirmed in writing to, and approved by, the Local Planning Authority.

REASON - To comply with Paragraph 205 of the National Planning Policy Framework 2023, which requires the developer to record and advance understanding of the significance of heritage assets, and to ensure information gathered becomes publicly accessible.

 

SOIL

56. The development hereby approved shall be carried out with having regard to the methods for safeguarding soil resources, the use and protection of soils in construction projects, including the movement and management of soil resources contained with “Construction Code of Practice for the Sustainable Use of Solis on Construction Sites (2009) produced by DEFRA and the British Society of Soil Science Guidance Note Benefitting from Soil Management in Development and Construction.
    
    

REASON - In order to safeguard soil resources as part of the overall sustainability objectives of the development.

 

NOTE: Should the 106 Agreement not be completed within this prescribed period without the written consent of the Council to extend this time, the minded to approve status of the Permission shall be considered to be a refusal on the grounds that the Application has failed to provide adequate mitigation measures to provide a satisfactory form of development in accordance with the requirements of Darlington Local Plan 2016-2036, without further reference to the Planning Committee.