Agenda item

25/00107/FUL – Demolition of existing garage and erection of 1 no. self -build residential dwelling and integral double garage within existing rear garden, new pedestrian and vehicular access, landscaping and associated works.

 

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highway Engineer, Environmental Health Officer, Ecology Officer and Arboricultural Team Leader. The Committee also considered the views of Durham County Council Archaeology team, the Council’s heritage consultant, Northern Gas Network and Natural England. Eight letters of objection were taken into consideration, alongside the views of the agent and the Ward Councillor whom the Committee heard).

 

RESOLVED – That 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 (other than the erection of the 0.8m screen on the east, south and west boundary walls shown on the submitted plans), as detailed below:

 

a)      Drawing Number 0001 Location Plan

b)      Drawing Number PR1008 Proposed North Elevation

c)      Drawing Number PR1007 Proposed West Elevation

d)      Drawing Number PR1006 Proposed East Elevation

e)      Drawing Number PR1005 Proposed South Elevation

f)       Drawing Number PR1004 Proposed Roof Plan

g)      Drawing Number PR1003 Proposed First Floor Plan

h)      Drawing Number PR1002 Proposed Ground Floor Plan

i)        Drawing Number PR1001 Proposed Site Plan

j)        Drawing Number PR1001 Proposed Site Plan inc Drainage

k)      Drawing Number WArb.TPP.35 Abbey Rd V1 – Tree Protection Plan

 

For the avoidance of doubt, the 0.8m screening on the boundary wall does not form part of the approved development.

 

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

 

3. Prior to any demolition works and/or 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 plan[s] 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.       Details of Hours of Construction

d.      Details of Hours of Deliveries

e.      Construction Traffic Routes, including parking areas for staff and visitors, if required

f.        Details of construction traffic access point into the site

g.      Details of site compound

h.      Details of wheel washing.

i.        Road Maintenance.

j.        Warning signage.

 

The development shall not be carried out otherwise in complete accordance with the approved Plan.

 

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

 

4. No building shall be constructed above damp proof course until precise details of all external materials to be used in the construction of the dwelling and rear boundary wall have been submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include, but not be limited to, external cladding, doors, windows, brick work, guttering and drainpipes, hard landscaping and 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 to safeguard the significance of the West End Conservation Area

 

5. No building shall be constructed above damp proof course until precise details of an Electric Charging Vehicle socket have been submitted to and approved in writing, by the Local Planning Authority. The minimum requirement would be a single phase 13-amp socket. The development shall not be carried out otherwise than in accordance with the approved details.

 

REASON – In the interests of encouraging the use of sustainable modes of transport in accordance with policy IN4 of the Darlington Local Plan 2016 – 2036.

 

6. No building shall be constructed above damp proof course until precise details of two integrated swift boxes and a single integrated bat roost feature have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out otherwise in accordance with the approved details and the agreed features shall remain in situ for the lifetime of the development

 

REASON – In order to encourage biodiversity within the site.

 

7. No building shall be constructed above damp proof course until precise details of measures to reduce the need for energy consumption and make the development energy efficient have been 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.

 

REASON – In the interests of achieving a development with suitable sustainable design principles which are resilient to climate change.

 

8. No building shall be constructed above damp proof course until precise details of the means of enclosure to be erected within and around the site and between the site and No 35 Abbey Road 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 approved details and the means of enclosure shall be in place prior to the first occupation of the dwelling.

 

REASON – To safeguard the amenities of the future occupants of the dwelling and in the interests of the visual appearance of the development and local area.

 

9. No building shall be constructed above damp proof course until a landscaping scheme, including details of the green roof, have been submitted to, and approved in writing by, the Local Planning Authority. The agreed scheme 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.

 

10. Prior to their installation, precise details of the entrance gates shall be submitted to and approved by the Local Planning Authority. The submitted details shall include the materials, design, dimensions, colour scheme and mechanisms to ensure that the gates do not open outward over the public highway. 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 in the interests of vehicular and pedestrian safety.

 

11. Prior to the first occupation of the dwelling hereby approved, a countersigned Final Allocation Agreement 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.

 

12. The dwelling hereby approved shall be constructed as a self build and custom dwelling within the definitions of self build and custom house building in the 2015 Self Build and Custom Housebuilding Act (as amended by the 2016 Housing and Planning Act):

 

a)      The first occupation of the dwelling hereby permitted shall be by a person or persons who had a primary input into the design and layout of the dwelling.

b)      The Council shall be notified, in writing, of the persons who intend to take up first occupation of the dwelling at least two months prior to the first occupation.

 

REASON – To ensure that the development complies with the self build and custom house building definition and to ensure that the development is an exempt from the mandatory net gain in biodiversity requirements set out in local and national development plans.

 

13. Within 12 weeks of the date of the decision (below) a certificate / receipt for the purchase of 0.48 off site habitat units from a Habitat Bank, shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON – In the interests of Ecology, to comply with policies ENV7 and ENV8 of the Darlington Local Plan 2016-2036.

 

14. The parking spaces shown on the approved plans shall be in place and available for use prior to the first occupation of the dwelling hereby approved. Once created these spaces must be maintained clear of any obstruction and retained for their intended purpose at all times for the lifetime of the development.

 

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.

 

15. The bin store shown on the approved plans shall be in place and available for use prior to the first occupation of the dwelling hereby approved. The bin store shall be retained for the lifetime of the development.

 

REASON – In the interest of general amenity of the development and local area.

 

16. Provision for cycle parking within the garage shall be in place and available for use prior to the first occupation of the dwelling hereby approved. The cycle parking provision shall be retained for the lifetime of the development.

 

REASON – To encourage the use of sustainable modes of transport.

 

17. For the avoidance of doubt, no construction or demolition activities, including the use of plant and machinery, 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.

 

18. The dwelling hereby approved shall be constructed to meet building regulation M4(2) (Accessible and Adaptable Dwellings) as a minimum.

 

REASON – To ensure that new dwellings provide quality living environments for residents both now and in the future in accordance with policy H4 of the Darlington Local Plan 2016 – 2036.

 

19. The development hereby approved shall not be carried out otherwise than in complete accordance with the submitted document entitled “35 Abbey Road Pre-Development BS5837 Arboricultural Implications Assessment Arboricultural Method Statement V1” dated April 2025 and produced by Woodsman Arboricultural Consultancy.

 

REASON – In the interests of the visual amenity of the development and local area.

 

20. No additional flank windows or other glazed openings shall be formed at ground or first floor level of any of the walls of the dwelling hereby approved without the prior written consent of the Local Planning Authority.

 

REASON – To protect the amenities of the neighbouring residential property against increased overlooking with resultant loss of privacy.

 

21. The glazed openings formed in the east and west elevations of the first floor projection shall be obscure glazed and shall not be repaired or replaced other than with obscured glazing.

 

REASON – To prevent overlooking of the nearby properties.

 

22. The ground floor, high level slot openings formed in the east and west elevations (as shown on Drawing Number PR1002) shall be obscure glazed and shall not be repaired or replaced other than with obscured glazing.

 

REASON – To prevent overlooking of the nearby properties.

 

23. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that order), no development (as defined by Section 55 of the Town and Country Planning Act 1990) as may otherwise be permitted by virtue of Class(es) A - F of Part 1, Schedule 2 of the Order shall be carried out on the dwellinghouse hereby permitted.

 

REASON – In the interests of the visual appearance of the development and to safeguard the amenities of the neighbouring dwellings.