Agenda item

23/00782/FUL - Residential development consisting of 44 No. dwellings, with associated access, landscaping, SUDS pond and infrastructure, demolition of agricultural building and the regeneration of Blackwell Grange historic parkland (Amended CMP received 30th August 2023, Additional information regarding Vibration received 30th August 2023) (Amended plans / additional information received 28th September and 2nd October 2023).

 

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highway Engineer, Transport Planning Officer, the Environmental Health Officer, the Historic Environment Record Officer, the Ecology Officer, the Senior Arboricultural Officer, and the Local Lead Flood Authority. The views of National Highways, the Council’s Conservation Advisor, Northumbrian Water and Historic England were also taken into consideration.

 

Members were informed that 120 letters from residents had been received in total, with some individual letters containing both points of support and objection. 109 letters were categorised as objections, with 11 categorised as letters of support, and the views of three objectors, two supporters and the Ward Councillor, where heard at the meeting by the Committee).

 

RESOLVED – Subject to the developer entering into an agreement pursuant to Section 111 of the Local Government Act 1972 to ensure that the developer enters into a Section 106 agreement within six months to secure the following:

 

a)      £918,000 Affordable Housing Contribution;

b)      £44,000 sustainable transport contribution;

c)      £120,000 towards improvement scheme (A66 Bland’s Corner roundabout) to increase the capacity of the junction and maintain traffic flow along the strategic and local road networks.

d)      A Landscape Management clause would be included within the Agreement.

 

that Planning Permission be granted subject to the following conditions:

 

GENERAL

 

1. A3 (Standard 3-year time limit)

 

APPROVED PLANS

 

2. PL (Accordance with Plans)

 

BWG-SL-001 REV K Site Layout Plan

BWG-ED-001 Enclosures details

BWG-ENC-001 REV C Enclosures Layout

BWG-MCP-001 Overall POS MC Plan

BWG-POS-001 POS MC Plan Rev B

BWG-SG-001 Sales Garage Floor Plan

BWG-SG-001 Sales Garage Foundation Design

BWG-SS-001 Street scene

D334_L_100_REV I Landscape Strategy

D334D204 REV A Construction Details

BWG-MF-001 REV B Materials finishes layout.

D334_L_209_REV F Bat and Bird Box location Plan

BWG-BBP-001 REV B Bat and Bird Box location Plan

BWG-EV-001 EV Charging point locations

D334_L_201_REV P Parkland Landscape Strategy

D334_L_208_REV E Seat and Bin Locations

D334_P_205_REV D Parkland Tree Planting

D334_P_206_REV C Orchard Planting

D334_L_202_REV A Pond Layout

D334_P_207_ Pond Planting

BWG-BTP-001 Rev B Railing Plan

22100-01-T2 Engineering Layout sheet 1

22100-02-T6 Engineering Layout sheet 2

22100-03-T8 Engineering Layout sheet 3

22100-04-T2 Engineering Layout sheet 4

22100-05-T2 Engineering Layout sheet 5

22100-06-T4 Engineering Layout sheet 6

AU-M4(3)-01 Austin House Type Plans

AU-M4(3)-02 MAT TYPE 1 Austin Mat Type 1

AU-M4(3)-02 MAT TYPE 2 Austin May Type 2

AU-M4(3)-02 MAT TYPE 3 Austin Mat Type 3

AU-M4(3)-02 MAT TYPE 4 Austin Mat Type 4

AU-M4(3)-03 Roof Plan and section

HOUSE TYPE MOOD BOARD TYPE 1 REV J

HOUSE TYPE MOOD BOARD TYPE 2 REV J 

HOUSE TYPE MOOD BOARD TYPE 3 REV J

HOUSE TYPE MOOD BOARD TYPE 4 REV H

BR-01 The Brunel Proposed floor plans.

BR-02 The Brunel Proposed elevations Mat Type 1

BR-02-MT02 The Brunel Proposed elevations Mat Type 2

BR-02-MT02 The Brunel Proposed elevations Mat Type 3

BR-02-MT02 The Brunel Proposed elevations Mat Type 4

 BR-03 The Brunel Proposed roof plan section.

DA-01 The Darwin Proposed plan.

DA-02 The Darwin Second floor and roof plan

DA-03 The Darwin Mat Type 1

DA-03-MT02 The Darwin Mat Type 2

DA-03-MT03 The Darwin Mat Type 3

DA-03-MT04 The Darwin Mat Type 4

DA-04 The Darwin Proposed section.

DRL-GD-002 Double Garage Design

FR-01 The Franklin proposed plans.

FR-02 The Franklin proposed second floor and roof plan.

FR-03 The Franklin Mat Type 1

FR-03 The Franklin Mat Type 2

FR-03-MT03 The Franklin Mat Type 3

FR-03-MT04 The Franklin Mat Type 4

FR-04 The Franklin Proposed section.

MO-01 The Morris Proposed plans.

MO-02 The Morris Mat Type 1

MO-02 The Morris Mat Type 2

MO-02-MT02 The Morris Mat Type 3

MO-02-MT03 The Morris Mat Type 4

MO-03 The Morris Proposed roof plan section.

NI-01 The Nightingale Proposed floor plans.

NI-02 The Nightingale Mat Type 1

NI-02-MT02 The Nightingale Mat Type 2

NI-02-MT03 The Nightingale Mat Type 3

NI-02-MT04 The Nightingale Mat Type 4

NI-03 The Nightingale Proposed Roof Plan section.

P-DE-001 Herringbone Drive Detail

WO-01 The Wordsworth Proposed Floor Plans.

WO-02 The Wordsworth Mat Type 1

WO-02-MT02 The Wordsworth Mat Type 2

WO-02-MT02 The Wordsworth Mat Type 3

WO-02-MT03 The Wordsworth Mat Type 4

WO-03 Wordsworth Proposed roof plan section.

22100 101 P5 SUDS Maintenance Plan

22100 501 REV P2 Pumping Station

22100 95 T5 SUDS Sections

 

HILLSIDE CONDITION

 

3. The development hereby permitted shall be built in accordance with the approved plans listed at Condition 2 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

 

M4 STANDARD

 

4. The development hereby approved shall comprise a minimum of 45% of all new dwellings meeting building regulations category M4(2) adaptable and accessible dwelling standards and a minimum of 9% meeting M4 (3 a or b) wheelchair user dwellings standard as detailed in the submitted plans.

 

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

 

HIGHWAY

 

5. 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.

 

6. There must be no access or egress by any vehicles between the highway and the application site Carmel Rd South A167, until splays are provided giving clear visibility of 90 metres measured along both channel lines of the major road from a point measured 4.5 metres down the centre line of the access road.  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 always retained for their intended purpose.

 

REASON – In the interests of highway safety.

 

7. The following schemes of off-site highway mitigation measures must be completed as indicated below:

 

The proposed ‘Ghost Island’ Junction access to be located on Carmel Rd South in accordance with DMRB CD123 along with details of footways and pedestrian crossing facilities which link to the surrounding cycling/pedestrian infrastructure. Works include but are not limited to, resurfacing works, kerbing and drainage signage and lining. Prior to occupation of the first dwelling.

 

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 within three months of the granting of planning permission or within such extended time as may be agreed in writing by the Local Planning Authority. 

 

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 within three months of the granting of planning permission or within such extended time as may be agreed in writing by the Local Planning Authority. 

 

Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme.

 

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

 

8. No dwelling must be occupied until the related parking facilities have been constructed in accordance with the details approved in writing by the Local Planning Authority.  Once created these areas must be maintained clear of any obstruction and always retained for their intended purpose.

 

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.

 

CONSTRUCTION IMPACTS

 

9. The development shall not be carried out otherwise than in complete accordance with the Construction Management Plan received 14^th November 2023 produced by Esh Homes (documents listed below) unless otherwise agreed in writing by the Local Planning Authority

 

Dust Mitigation/Assessment Report, Homes by Esh

Construction Management Plan Drawing Number BWG-CMP-001 Revision G dated 07.11.2023, Homes by Esh

Noise at Work (Reference ECP024, Issue: 1, Revision O), Homes by Esh

Wheel Washing Safety Method Statement, Homes by Esh dated 02.11.2023.

 

REASON – In the interests of highway safety and residential amenity.

 

10.  Notwithstanding the details set out in condition 9 in relation to the construction management plan, contact details for the responsible person (site manager/office) who can be contacted in the event of any issue shall be submitted to the Local Planning Authority prior to the first occupation of any of the dwellings.  This information shall also be provided with the sales contract information for all properties.

REASON – To protect the amenities of residents of the new development.

 

11.  The piling shall take place in accordance with the details submitted on 16^th November 2023 (confirmation of plots and vibration monitoring).  Any change to the piling proposals should be agreed with the Local Planning Authority prior to any such works.

 

REASON – In the interests of residential amenity.

 

12. No construction or demolition activities, including the use of plant and machinery, as well as deliveries to and from the site, shall take place outside the hours of 08.00-18.00 Monday to Friday, 08.00-14.00 Saturday with no activities on Sunday or Bank/Public Holidays without the prior written permission of the Local Planning Authority.

 

REASON – In the interests of amenity.

 

TRANSPORT POLICY

 

13. A footpath connecting the development hereby approved to the bus stops on Grange Road, via the existing access to Blackwell Grange, shall be constructed prior to occupation of the 11^th dwelling. Details of the path shall be submitted to and approved by the Local Planning Authority in accordance with the above timescale, including details of the construction, lighting, and arrangements for long term maintenance. 

 

REASON – To provide a safe route to school in the interests of pedestrian safety.

 

14. The cycle parking provision as show in the submitted plans, shall be in place prior to the occupation of the dwellings hereby approved and shall be maintained as such thereafter. 

 

REASON – To encourage the use of sustainable modes of transport to and from the development.

 

15. The EV Charging points as shown on plan BWG-EV-001 and supporting specifications shall be in place prior to the occupation of the dwellings hereby approved and shall be maintained as such thereafter.

 

REASON - To accord with Policy IN4 of the Local Plan

 

FLOODING AND DRAINAGE

 

16. Development shall be implemented in line with the drainage scheme contained within the submitted document entitled “Blackwell Grange Flood Risk Assessment & Drainage Strategy” dated “12th December 2022”. The drainage scheme shall ensure that foul flows discharge to the foul public sewer at manhole 7901 and ensure that surface water discharges to the highway drain on Grange Road.

 

REASON - To prevent the increased risk of flooding from any sources in accordance with the NPPF.

 

17. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) & Drainage Strategy - 22100-FRA1 - dated 22.09.2023 REVISION E and the following mitigation measures.

 

Discharge of Surface Water · Repairs and cleansing to Highways Drainage to an adoptable standard as agreed with ESH. Communicated via email on the 30th of October 2023.

 

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.

 

18. The buildings hereby approved shall not be brought into use until: - · Requisite elements of the approved surface water management scheme for the development, or any phase of the development are in place and fully operational to serve said buildings.

 

REASON - To reduce flood risk and ensure satisfactory long-term maintenance are in place for the lifetime of the development.

 

LAND CONTAMINATION

 

19. Any contamination not considered in the ‘Coast Consulting Engineers Blackwell Grange Remediation Strategy dated 16 January 2023 Report No 22093-04 Revision A’ but identified during the construction/remediation works or from the soil sampling in the location of the existing storage building/compound following the demolition of the said building 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 advance and 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 ‘Coast Consulting Engineers Remediation Strategy dated 16 January 2023 Report No 22093-04 Revision A’. 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 properties which require remediation works, shall not be occupied until all 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.

 

NOISE

 

21. With the exception of the proposed acoustic fence (further details required by condition 21) the noise mitigation measures shall be implemented in full in accordance with the requirements of the ‘NJD Environmental Associates Noise Assessment Report reference NJD22-0116-001R Version 3 dated September 2023’ unless otherwise agreed in writing by the Local Planning Authority. All noise mitigation measures shall be completed prior to the occupation of that particular property. No changes to the noise mitigation shall be carried out without the prior written agreement of the Local Planning Authority and the measures shall be retained and maintained for the life of the development.

 

REASON – In the interests of residential amenity.

 

LANDSCAPE AND MEANS OF ENCLOSURE

 

22. Prior to the development hereby approved being occupied, details of an appropriate means of enclosure to gardens backing onto Grange Road and Carmel Road South (with an addendum to the noise report), shall be submitted to and approved in writing by the Local Planning Authority.  The agreed boundary treatment shall be in place prior to the occupation of the dwellings hereby approved.   All other boundary treatment, as set out in drawing No. BWG-ENC-001 Rev C and BWG-ED-001 shall be in place prior to the occupation of the dwellings hereby approved.

 

REASON – In the interests of visual and residential amenity.

 

23. Notwithstanding the approved landscaping scheme referred to in condition 2, further details of the number, species and location of heavy standard trees shall be submitted to and approved in writing by the Local Planning Authority prior to the implementation of the landscaping scheme.  Thereafter the development shall be carried out in accordance with the details as approved.

 

REASON – To ensure a satisfactory appearance of the site and to improve the visual amenities of the area.

 

24. E3 Landscaping (Implementation)

 

TREES

 

25. The development shall not be carried out otherwise than in accordance with the recommendations and tree protection measures set out in the submitted ‘Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Protection Plan’ (Blackwell-East, Blackwell Lane Darlington, ARB/AE/2942, Elliott Consultancy Limited, October 2023) unless otherwise agreed in writing by the Local Planning Authority.

 

The agreed scheme of protection shall be in place before the commencement of any work, including demolition operations.  Notwithstanding the approved specification, none of the following activities shall take place within the segregated protection zones in the areas of the trees.

 

a)      The raising or lowering of levels in relation to 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 – To ensure a maximum level of protection to safeguard the wellbeing of the trees on the site and in the interests of the visual amenities of the area.

 

HERITAGE IMPACTS

 

26. The building known as the ‘Coach House’ shall not be demolished until an appropriate programme of historic building recording (level 2) and analysis has been secured and implemented in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the Local Planning.

 

REASON - To ensure that an appropriate record is made of the historic building fabric that may be affected by the development.

 

27. Notwithstanding the information within the submitted Wall Surveys and Repair Specification, further details shall be provided prior to repairs to each section of wall (A-K), to include confirmation of the required extent of works (alongside any impacts on landscape / ecology).  No works shall take place until the details have been agreed in writing by the Local Planning Authority.

 

REASON – To both ensure retention of historic fabric and ensure that the adjacent areas of landscaping are retained or reinforced/replanted following removal to facilitate the works to conserve that combined character.

 

28. Prior to the occupation of the development hereby approved, details of the size, type, and location of the proposed interpretation panels shall be submitted to, and approved in writing by, the Local Planning Authority. These shall be in place prior to the occupation of the development hereby approved and shall be retained as such thereafter.

 

REASON - To recognise the heritage significance of the site.

 

ECOLOGY

 

29. The development shall not be carried out otherwise than in complete accordance with the recommendations set out within the Preliminary Ecological Appraisal (Blackwell Grange Parkland, Grange Road Darlington, Barrett Environmental Limited, July 2023) unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – In the interests of biodiversity.

 

30. The development shall not be carried out otherwise than in complete accordance with the recommendations set out within the ‘Parkland Restoration non-native Invasive Plant Management Plan (Complete Weed Control, October 2023) unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – In the interests of biodiversity.

 

31. The development shall not be carried out otherwise than in complete accordance with the recommendations set out within the Ecological Method Statement (Blackwell Grange, Darlington, Eco North, November 2023) unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – In the interests of biodiversity.

 

32. The development shall not be undertaken otherwise than in complete accordance with the submitted Biodiversity Management Planfor aminimum periodof 30-yearsfrom the commencement of development.

 

REASON – In the interests of ecology and to ensure that 10% biodiversity net gain is achieved throughout the overall development in accordance with the requirements of the NPPF and Policy ENV8.

 

HOUSING DEVELOPMENT

 

33.  The housing element of this planning permission relates only to allocation 403 (Blackwell Grange East) as identified in the Darlington Local Plan (2016 – 2036).

 

REASON – For the avoidance of doubt.

NUTRIENT NEUTRALITY

 

34. Prior to the first occupation of the development, a Final Nutrient Credit Certificate, signed by Natural England and the applicant, shall be submitted to the Local Planning Authority.

 

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

 

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.

 

NOTE: The Chair used his powers to vary the order of the Agenda, and took this item ahead of the above Minute PA56 (a) and Minute PA56 (b) at the meeting.