Agenda item

Change of use of land to Gypsy/Traveller site including erection of 2 no. utility buildings, siting of 2 no. mobile homes, 2 no. touring pitches with car parking, access road and associated works (amended Nutrient Calculator received 8th December 2023 and Provisional Nutrient Certificate received 18 January 2024; biodiversity net gain information and utility block details received 1 June 2024; Biodiversity Management Plan received 12 July 2024; amended site layout plan received 15 August 2024; amended Preliminary Ecology Assessment received 29 October 2024; Biodiversity Management and Monitoring Plan received 15 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, Ecology Officer, Transport Planning Manager and Environmental Health Officer, the views of Northern PowerGrid, the Environment Agency and Natural England, and six letters of objection received).

 

RESOLVED – That permission be granted subject to the following planning 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 Existing Site Plan Site Location Plan

b)          Drawing Number 04 Utility Block Plans and Elevations

c)           Drawing Number 20.009-AMS-XX-XX-DR-A-XXXX Rev P1.3 Site Plan

 

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

 

3.           The site shall not be occupied by any persons other than Gypsies and Travellers, defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling show people or circus people travelling together as such.

 

REASON - To restrict occupation of the site to Gypsies and Travellers in view of the limited supply of available sites within the Borough, which does not justify general residential occupation.

 

4.           No more than two mobile homes and two touring caravans shall be stationed on the land at any time.

 

REASON - To ensure the site design takes account of the needs of residents and provides an appropriate pitch layout and adequate facilities for parking, storage, and play, as required by Policy H 9 of the Darlington  Local Plan 2016 - 2036 and to limit the scale of development in the countryside, consistent with policy SH 1 of the Darlington Local Plan 2016 - 2026.

 

5.           Prior to the commencement of the development, precise details of the mobile homes shall be submitted to and approved, in writing by the Local Planning Authority. The details shall include the size, colour and design of the mobile homes and the development shall not be carried out otherwise than in complete accordance with the agreed details.

 

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

 

6.           No utility block shall be constructed above damp proof course until precise details of the 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 surrounding area.

 

7.           Notwithstanding the details submitted within the planning application, a landscaping scheme comprising modified grassland,  the planting of species rich native hedgerow with trees and at least eight urban trees shall be submitted to, and approved in writing by, the Local Planning Authority prior to any works commencing and, upon approval of the scheme, it shall be fully implemented concurrently with the carrying out of the development, or within such extended period as 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 30 years to the satisfaction of the Local Planning Authority.

 

REASON - To ensure a satisfactory appearance of the site and in the interests of the visual amenities of the area.

 

8.           Prior to the commencement of the development, precise details of  the means of enclosure for 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 agreed details which shall be installed prior to the first occupation of the site.

 

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

 

9.           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.

 

10.        Prior to the first occupation of the development, precise details of a Wastewater Treatment System required to produce 7.9mg/l of total nitrogen shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out otherwise than in accordance with the approved details and the approved wastewater treatment system shall be installed prior to the first occupation of the development and shall remain in place for the lifetime of the development.

 

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

 

11.        Prior to commencement of the development, precise details of visibility splays of 4.5x215m from the site access shall be submitted to and approved in writing by the Local Planning Authority. The details shall include means of enclosure at the access point and hedgerow removal works and the development shall not be carried out otherwise than in complete accordance with the approved details. Works to provide the required visibility must be completed prior to occupation of the site and maintained throughout the life of the development.

 

REASON - In the interests of highway safety.

 

12.        Prior to the commencement of the development, precise details of a scheme for the disposal of surface water and foul sewage 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 which shall be installed prior to the first occupation of the development.

 

REASON – In order to reduce flood risk and in the interests of the amenity of the area.

 

13.        In order to ensure that no loose material is pulled onto the adjacent carriageway (Neasham Road), the first 12m of the drive within the site shall be constructed in a sealed material (not loose gravel or similar).

 

REASON - In the interests of highway safety.

 

14.        Where gates are to be installed, they shall be set back 12m from the edge of the adjacent carriageway (Neasham Road) in order to allow vehicles to pull off the main carriageway. Any gates shall be set back a sufficient distance from the edge of carriageway to provide a factor of safety as this access adjoins a 60mph road.

 

REASON - In the interests of highway safety.

 

15.        Prior to the first occupation of the development, precise details of a bin store 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 agreed details and the bin store shall be in place prior to the first occupation of the development and shall remain in place for the lifetime of the development.

 

REASON - In the interests of the amenity of the site and local area.

 

16.        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 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. No alterations to the Remediation and Verification Strategy or associated works shall be carried out without the prior written agreement of the Local Planning Authority. The Phase 3 Remediation and Verification works shall be conducted, supervised and documented by a "suitably competent person(s)" and in accordance with the approved Phase 3 Remediation and Verification Strategy.

 

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 and the Local Planning Authority wishes to ensure that the proposed development can be implemented and occupied with adequate regard to environmental and public protection.

 

17.        Any contamination not considered in the Phase 3 Remediation and Verification Strategy, but identified during subsequent construction/remediation works 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 and the Local Planning Authority wishes to ensure that the proposed development can be implemented and occupied with adequate regard to environmental and public protection.

 

18.        A Phase 4 Verification and Completion Report shall be complied and reported by a "suitably competent person(s)", documenting the purpose, objectives, investigation and risk assessment findings, remediation methodologies and validation results obtained to demonstrate the completeness and effectiveness of all approved 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 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, and the Local Planning Authority wishes to ensure that the proposed development can be implemented and occupied with adequate regard to environmental and public protection.

 

19.        The development hereby approved shall not be carried out otherwise than in complete accordance with all of the Recommendations, Mitigation, Compensation and Enhancement measures set out in Chapter 6 of the submitted document entitled “Preliminary Ecological Appraisal Land off Neasham Road Darlington DL2 1QH” dated October 2024 and produced by ECOSERV.

 

REASON – In the interest of biodiversity and ecological nature of the site and surrounding area in accordance with the National Planning Policy Framework 2024 and policies ENV7 and ENV8 of the Darlington Local Plan 2016 – 2036.

 

20.        The development hereby approved shall not be carried out otherwise than in complete accordance with the submitted document entitled “Biodiversity Management and Monitoring Plan (BMMP) Land off Neasham Road Darlington DL2 1QH” dated October 2024 and produced by ECOSERV. The approved HMMP shall be strictly adhered to and implemented in full for a duration of at least 30 years.

 

REASON - To enhance biodiversity in accordance with the National Planning Policy Framework 2024 and policies ENV7 and ENV8 of the Darlington Local Plan 2016 – 2036.

 

21.        There shall be no external storage of any non-domestic materials on site.

 

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

 

22.        The site shall be used for residential use only and not for any commercial or business use including the storage of business vehicles.

 

REASON - In the interests of minimising the impact on the visual amenity of the area.