Agenda item

23/00987/FUL - Demolition of the existing dwelling, barn, stables, outbuildings, and erection of 1 no. wheelchair accessible detached dwelling with supporting facilities together with a detached garden studio/store and parking provision (BNG Assessment and metric received 7th December 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, Public Rights of Way Officer, Ecology Officer, or Environmental Health Officer, four letters of objection, and the views of the Applicant and the Applicant’s Agent, whom the Committee heard.)

 

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

 

1.           A3 Implementation limit (3 years)

 

2.           PL Accordance with plan

 

Site Location Plan

PL1001 Proposed site plan.

PL1003 Proposed roof plan.

PL2001 Proposed house elevations.

PL2002 Proposed courtyard elevations.

PL2003 Proposed Garden studio / store elevations.

SK1002 Proposed ground, first floor and garden studio plans.

1480-100 Landscape Strategy

 

LANDSCAPE AND MEANS OF ENCLOSURE

 

3.           E3 Landscaping (Implementation)

 

4.           The proposed boundary treatment as shown on the submitted plan (1480_100) shall be installed prior to the occupation of the dwelling hereby approved and shall be retained as such thereafter. 

 

REASON – In the interests of amenity. 

 

CONSTRUCTION IMPACTS

 

5.           Prior to the commencement of the development, a site-specific Demolition and Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plans 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 demolition and construction phases 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 demolition and 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”.

 

c)      Construction Traffic Routes, including parking areas for staff and visitors.

 

d)      Details of wheel washing.

 

e)      Road Maintenance.

 

f)       Warning signage.

 

g)      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 in complete accordance with the approved Plan.

 

REASON – In the interests of amenity and highway safety.

 

6.           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.

 

LAND CONTAMINATION

 

7.           Prior to the commencement 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 Land Contamination: Risk Management (LCRM)) 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 because 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.

 

8.           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 Land Contamination: Risk Management (LCRM)) 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 because 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.

 

9.           Prior to the commencement 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 because 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.

 

10.        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 because 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.

 

11.        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 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 because 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.

 

ECOLOGY

 

12.        The development shall be carried out and operated in full accordance with the submitted Biodiversity Management and Monitoring Plan (BMMP) (OS Ecology, December 2023), 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.

 

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

 

13.        The development shall not be carried out otherwise than in complete accordance with the recommendations set out within the Ecological Appraisal (Land off Timmy’s Lane, Hurworth, OS Ecology, October 2023) 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.

 

TREES

 

14.        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 and Arboricultural Method Statement (Elliott Consultancy Limited, July 2023) unless otherwise agreed in writing by the Local Planning Authority.

 

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.

 

EV CHARGING POINT

 

15.        Prior to the first occupation of the development hereby approved details of the type and location of an electrical socket suitable for charging an electric vehicle, 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 dwelling and maintained as such thereafter. 

 

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