Agenda item

22/00797/OUT - Outline application with matters reserved except access, appearance, layout and scale for the demolition of former chapel and the erection of 8 no. dwellings (Phase 1 Desk Top Study received 31 March 2023; and amended plans received 5th September 2023; Nutrient Calculator and Provisional Nutrient Certificate received 14 December 2023).

 

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Transport Policy Officer, Environmental Health Officer, Highways Engineer and Ecology Officer, the of North Gas Networks and Northumbrian Water, and the views of the Applicant’s Agent, whom the Committee heard.)

 

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

 

1.      The approval of the Local Planning Authority shall be obtained with respect to the following reserved matters prior to the commencement of the development:

 

a)      Landscaping

 

Application for approval of reserved matters shall be made to the local planning authority before the expiration of three 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.

 

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

 

a)   Drawing Number L021098 012 REV E – Proposed Site Layout Plan

b)   Drawing Number L021098 014 REV B – Proposed Elevations and Cross Section

c)    Drawing Number L021098 017 REV B – Swept Path Analysis

d)   Drawing Number L021098 013 – Proposed Floor Plans

e)   Drawing Number L021098 010 – Site Location Plan and Block Plan.

 

REASON - For the avoidance of doubt.

 

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

 

REASON - For the avoidance of doubt.

 

4.      The development shall be begun two years from the final approval of the reserved matters referred to in condition (1) or, in the case of approval on different dates the final approval of the last such matter to be approved.

 

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

 

5.      Prior to the first occupation of the development hereby approved, 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.

 

6.      Prior to the commencement of the development, a detailed scheme for the disposal of foul and surface water from the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water. Thereafter the development shall take place in accordance with the approved details.

 

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

 

7.      Prior to the commencement of the development, including any demolition works and site clearance, a methodology for a Historic England-style Level 2 building record of the Church building shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON - To comply with Policy ENV1 of the Darlington Local Plan and the National Planning Policy Framework 2023 because the building is a non-designated heritage asset.

 

8.      No building shall be constructed above damp proof level until precise details of the external materials to be used in the carrying out of this permission have been submitted to, and approved by, the Local Planning Authority and the development shall not be carried out otherwise than in accordance with any such approved details.

 

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

 

9.      No development shall be constructed above damp proof course until precise details of secure cycle parking have been submitted to, and approved in writing by the Local Planning Authority.  The cycle parking shall meet current guidance contained (Cycle Infrastructure Design - Local Transport Note 1/20 July 2020)  and shall be implemented in accordance with the agreed details prior to the occupation of the dwellings and shall be retained as such thereafter.

 

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

 

10.  Prior to the first occupation of any building hereby permitted, a Statement shall have been submitted to and approved by the local planning authority detailing the measures necessary for providing broadband connectivity including ducts to each premises within the development hereby approved, unless otherwise agreed in writing by the local planning authority.  The approved infrastructure shall be laid out in accordance with the agreed details at the same time as other services during the construction process and be available for use on the first occupation of each building unless otherwise agreed in writing by the local planning authority.

 

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.

 

11.  Prior to the development being occupied, a copy of any analysis, reporting, publication or archiving required as part of the mitigation/Building Recording strategy shall be deposited at the County Durham Historic Environment Record.

 

REASON - To comply with Policy ENV1 of the Darlington Local Plan and the National Planning Policy Framework 2023 because the building is a non-designated heritage asset and therefore the developer is required to record and advance understanding of the significance of the heritage asset to be lost through demolition, and to make this information as widely accessible to the public as possible.

 

12.        CL2 - Phase 2 Site Investigation Strategy

 

13.        CL3 – Phase 2 Investigation Works

 

14.        CL4 - Phase 3 Remediation and Verification Strategy

 

15.        CL5 - Construction/Remediation works.

 

16.        CL6 - Phase 4 Verification and Completion Report

 

17. The development hereby approved shall not be carried out other than in complete accordance with the submitted Construction Management Plan by Wardman Brown unless otherwise agreed in advance with the Local Planning Authority.

 

REASON – In the interests of residential amenity and highway safety

 

18. 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 residential amenity

 

19. Notwithstanding the Construction Management Plan and condition 17), prior to commencement of the development, the Developer shall enter into an agreement under Section 59 of The Highways Act 1980 with Darlington Borough Council, as the Highway Authority, to safeguard the Public Highway from damage caused by any construction activities or construction traffic serving the development hereby approved. Contact must be made with the Assistant Director: Highways, Design and Projects (contact Mr Steve Pryke 01325 406663) to discuss this matter.

 

REASON - In the interest of highway safety.

 

20. The electric vehicle charging points (minimum requirement of a single phase 13 amp socket)  shown on the approved plans, shall be installed prior to the occupation of the dwellings and maintained as such thereafter. 

 

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

   

21. The boundary fencing to the rear of the dwellings hereby approved shall be erected in complete accordance with the approved plans prior to first occupation of any dwelling and shall be maintained in accordance with the details as approved for the lifetime of the development.  The fencing shall not be replaced or altered without the prior consent of the Local Planning Authority, to whom a planning application must be made.

 

REASON - In the interests of highway safety and visibility onto the rear lane.

 

22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order), no enlargement, improvement or other alteration of the dwellings, including any additional structures/building within the curtilage of the site, shall be carried out without the prior consent of the Local Planning Authority, to whom a planning application must be made.

 

REASON – In order to ensure the provision of adequate off-street parking accommodation for each dwelling.

 

23. 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 “Planning Statement incl Heritage Impact Assessment” produced by ELG Planning dated 2022.

 

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

 

24. The development hereby approved shall not be carried out otherwise than in complete accordance with the recommendations set out in the document entitled “Preliminary Ecological Appraisal “Low Impact” Ecological Impact Assessment” produced by All About Ecology and dated August 2022. However, should work on the site not commence by the end of May 2024, a further update survey for bats shall be carried out to investigate whether conditions onsite have changed. If new surveys are necessary, an updated survey report shall be submitted to the Local Planning Authority and the development shall not be carried out otherwise than in complete accordance with the updated survey.

 

REASON - In order to secure ecological enhancements for the development

 

25. No development shall be constructed above damp proof course, until precise details of ecological enhancements such as, but not limited to bat bricks, swift bricks have been submitted to and approved in writing by the Local Planning Authority. The details shall include the design, location and number of such features, together with a commitment to being installed under the instruction of an appropriately qualified ecological consultant. The development shall not be carried out otherwise than in complete accordance with the agreed details which shall be installed prior to the first occupation of the dwellings hereby approved.

 

REASON - In order to secure ecological enhancements for the development