Agenda item

Demolition of existing garages and erection of 8 No. garages, replacement/remedial works to retaining wall, provision of fencing, gate and stepped access to rear, resurface road to front together with associated works (Amended Flood Risk Assessment and Additional Ecological Assessment received 12 September 2024; Ecology Assessment and Biodiversity Metric Calculator received 6th January 2025).

(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, Arboricultural Consultant and Ecology Officer, the views of Northern Gas Networks and, following the submission of a revised Flood Risk Assessment, the Environment Agency, and five letters of objection received, with one of those objections coming from a household not within the vicinity of the application site).

RESOLVED – That Planning Permission be granted subject to the developer entering into a Section 106 Agreement to secure £2500 as a  Biodiversity Net Gain contribution to be used by the Council towards improvements on land elsewhere in the Borough, and that upon satisfactory completion and signing of the agreement, planning permission be granted subject to the following conditions:

1.           A3 – Implementation Limit (Three Years)

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

a)           Drawing Number 01 006 Vehicle Tracking

b)          Drawing Number 01 002 Block Plans

c)           Drawing Number 01 004 Proposed Plans

d)          Drawing Number 01 005 Site Section

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

3.           Prior to the commencement of the development a Structural Survey and Report carried out by a suitably qualified person shall be submitted to and approved in writing by the Local Planning Authority. The Survey shall relate to the retaining wall and include design and calculations for new retaining walls or remedial measures to the existing retaining wall as required by the proposed garage structure. The development shall not be carried out otherwise than in complete accordance with the approved details.

REASON – In order to secure a satisfactory form of development.

4.           No building shall be constructed above damp proof course level until precise details of al external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out otherwise than in complete accordance with the approved details.

REASON – In the interests of the visual appearance of the development and the street scene.

5.           Prior to first occupation of the development hereby approved, precise details of a dropped pavement crossing along the frontage of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out otherwise than in complete accordance with the approved details. The agreed scheme shall be constructed as part of a Section 184 Agreement issued by the Local Highways Authority and be fully implemented prior to the first occupation of the development.

REASON – In order to provide appropriate pedestrian and vehicular access in the interests of highway safety.

6.           The garages hereby approved shall be used only for the parking of vehicles and for residential storage purposes and not for any business or commercial purposes.

REASON – In the interests of safeguarding the amenities of nearby residential properties.

7.           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 interests of the amenity of the local area.

8.           No garage doors within the development hereby permitted shall open outward over the public highway.

REASON – In the interests of pedestrian and highway safety.

9.           The development, including demolition works, hereby approved shall not be carried out otherwise than in complete accordance with the Recommendations and Mitigation set out in Chapter 6.0 of the submitted document entitled “Ecological Impact Assessment for Former garage block Pendower Street Darlington DL3 6ND” produced by Dendra Consulting and dated December 2024.

REASON – In the interest of biodiversity and to secure ecological enhancements in accordance with policies ENV7 and ENV8 of the Darlington Local Plan 2016 -2036.

10.        The 2m wildlife zone shown on the approved plans shall be retained for the lifetime of the development and shall be without structures, hardstanding, footpaths, fences or formal landscaping.

REASON – In the interest of the visual appearance of the area and to protect wildlife within the watercourse.

11.        The development hereby approved shall not be carried out otherwise than in complete accordance with the Mitigation Methods and Recommendations set out in Chapters 4.0 and 6.0 of the submitted document entitled “Pendower Street, Darlington Flood Risk Assessment” Version 2.0 dated 14 August 2024 and produced by RAB Consultants

REASON – In order to ensure that the development will not increase flood risk elsewhere.

12.        The development hereby approved shall not be carried out otherwise than in complete accordance with the documents entitled “Arboricultural Impact Assessment for Trees on Land at Pendower Street, Darlington” produced by Al About Trees and dated September 2023.

REASON – In the interests of the visual appearance of the site.

13.        The development hereby approved shall not be carried out otherwise than in complete accordance with the documents entitled “Arboricultural Method Statement for Trees on Land at Pendower Street, Darlington” produced by All About Trees and dated September 2023.

REASON – In the interests of the visual appearance of the site.

NOTE: Should the 106 Agreement not be completed within the prescribed period without 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.