Agenda item

23/00734/OUT – Outline planning application with all matters reserved for the demolition of existing outbuildings and the erection of 2 No. dwellings with new access drive to connect with existing access.

 

(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, Arboricultural Officer, Environmental Health Officer, Transport Policy Officer, Natural England, National Highways, Durham County Council Archaeology Team and Northern Gas Networks. Twenty five letters of objection were taken into consideration, alongside the views of the agent and two objectors whom the Committee heard).

 

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

 

1.      Details of the access, appearance, landscaping, layout, and scale of the whole of the development or within each phase of the development hereby permitted (hereinafter called “the reserved matters”) for each phase shall be obtained from the Local Planning Authority in writing before any development within that part of the site is commenced. The development shall be carried out as approved.

 

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

 

2.      Applications for approval of the reserved matters shall be made to the local planning authority not later than 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.

 

3.      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.

 

4.      The planning application(s) made in pursuance of condition 1 shall not propose more than two dwellings.

 

REASON - For the avoidance of doubt.

 

5.      The planning application(s) made in pursuance of condition 1) for the North Plot shall not propose a dwelling of more than two storeys in height.

 

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

 

6.      The planning application(s) made in pursuance of condition 1) for the North Plot shall not propose a dwelling which has habitable windows in the north and east elevations.

 

REASON - To safeguard the amenities of neighbouring dwellings.

 

7.      The planning application(s) made in pursuance of condition 1) for the East Plot shall not propose a dwelling of more than 1.5 storeys in height.

 

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

 

8.      The planning application(s) made in pursuance of condition 1) for the East Plot shall not propose a dwelling which has habitable windows in the north and south elevations.

 

REASON - To safeguard the amenities of neighbouring dwellings.

 

9.      The landscaping scheme submitted in pursuance of condition 1) must include precise details of the proposed tree and hedge planting and also existing trees and hedging to be retained in accordance with the submitted Arboricultural Impact Assessment Rev 3 produced by Andrew Hampton dated October 2025. The landscaping 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.

 

Trees T2 to T8 and T40 shown within Appendix 4 of the submitted Arboricultural Impact Assessment Rev 3 produced by Andrew Hampton dated October 2025, shall not be removed or pruned without the consent of the local planning authority to whom a planning application shall be made.

 

Any other trees or shrubs removed, dying, severely damaged or becoming seriously diseased shall be replaced, and the landscaping scheme maintained for a period of five years to the satisfaction of the Local Planning Authority.

 

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

 

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

a)      Drawing Number 565 A.03 Rev 13 East Plot Dimensions

b)      Drawing Number 565 A.04 Rev 13 General Plot Areas

c)      Drawing Number 565 A.05 Rev 13 North Plot Dimensions

d)      Drawing Number 565 A.06 Rev 13 Briar House Areas

e)      Drawing Number 565 A.07 Proposed & Existing

f)       Drawing Number 565 A.10 Rev 12 Parking and Bins

g)      Drawing Number 23265 Bird and Bat Box Types and Locations

 

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

 

11.  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.

 

12.  Prior to any demolition works and/or the commencement of the development, a site-specific Demolition and Construction Management Plan for the whole development or for each dwelling, 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 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 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, if required

h)      Details of wheel washing.

i)        Road Maintenance, if required

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.

 

13.  The planning application(s) made in pursuance of condition 1 shall include precise details of the internal highway layout and site access route. The details shall include precise widths, passing places, footways, details of bin collection area and turning facilities along with details of all boundary fencing and surface finishes. The development shall not be carried out otherwise than in complete accordance with the approved details. No part of the development must be brought into use until the vehicle access, parking, manoeuvring, and turning areas have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created, these areas must be maintained clear of any obstruction and retained for their intended purpose for the lifetime of the development.

 

REASON - To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development.

 

14.  Prior to the commencement of each dwelling, details of a vehicle swept path analysis to support the movement framework for emergency vehicles, and service vehicles for the internal network and, where appropriate, in respect of the off-site highway proposals shall be submitted to and approved by the Local Planning Authority.  The development shall not be carried out otherwise than in complete accordance with the approved details.

 

REASON - To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development.

 

15.  No dwelling must be occupied until the related parking facilities have been constructed in accordance with the details approved under any planning application submitted under Condition 1). Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

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.

 

16.  Prior to the commencement of the dwelling on North Plot and/or East Plot, details of how that dwelling would be constructed to meet Building Regulation M4 (2) (Accessible and Adaptable Dwellings) as a minimum 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.

 

REASON – To ensure that the development includes a dwelling which provides quality living environments for residents both now and in the future in accordance with policy H4 of the Darlington Local Plan 2016 – 2036.

 

17.  Within each dwelling, any windows for habitable rooms with a direct line of sight to the A66 associated with the dwellings hereby approved shall have acoustic trickle vents with a minimum sound reduction of 35dB (Dn,e,w (Ctr)) (when open). If trickle vents are not proposed, details of an alternative ventilation strategy shall be submitted to and approved in writing by the Local Planning Authority prior to installation.

 

REASON – To safeguard the amenities of the future occupants of the proposed dwellings.

 

18.  Prior to or at the same time as a reserved matters application (relating to access, layout etc) and any site investigative works, a Phase 1 Preliminary Risk Assessment shall be prepared by a "suitably competent person(s)" and submitted to and agreed in writing with the Local Planning Authority. The Phase 1 Preliminary Risk Assessment shall include a Site Inspection and a Conceptual Site Model (CSM) to identify and illustrate all potential contamination sources, pathways and receptors associated with the site and the surrounding environment.

 

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. 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.

 

19.  As required by the Phase 1, 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 as a result 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.

 

20.  As required by the Phase 1, prior to the commencement 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 as a result 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.

 

21.  As required by the Phase 1 and 2 and 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 as a result 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.

 

22.  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 as a result 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.

 

23.  As required, 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 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. 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.

 

24.  No building shall be constructed above damp proof course on the North or East Plot until precise details of an Electric Charging Vehicle socket for that dwelling has 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. The agreed details shall be retained for the lifetime of the development.

 

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.

 

25.  No building shall be constructed above damp proof course on the North or East Plot until precise details of a safe cycle storage area for that dwelling has 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. The agreed details shall be retained for the lifetime of the development.

 

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.

 

26.  Within 12 weeks of the date of the decision (below) or an extended time period agreed with the Local Planning Authority, a certificate / receipt for the purchase of 0.23 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.

 

27.  No building shall be constructed above damp proof course on the North or East Plot until precise details of measures to reduce the need for energy consumption and make that dwelling energy efficient has 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 in accordance with Policy DC1 of the Darlington Local Plan 2016 - 2036.

 

28.  The development hereby approved shall not be carried out otherwise than in complete accordance with the Arboricultural Impact Assessment Rev 3 produced by Andrew Hampton dated October 2025. For the avoidance of doubt, the tree protection barriers shall consist of a vertical and horizontal scaffold framework well braced to resist impacts. The vertical tubes should be placed at a distance not exceeding 3m apart. The weldmesh or Heras panels should be a minimum of 2.mts high and securely attached to the scaffold framework with wire or scaffold clamps. Within the tree and hedge protection areas the following restrictions shall apply:

a)      No construction activity whatsoever shall occur.

b)      No unauthorised vehicles, or plant machinery shall be driven, or parked.

c)      No alterations of ground levels or conditions, other than tree protection measures

d)      No chemicals, or cement washings permitted.

e)      No excavation whatsoever shall occur.

f)       No spoil shall be stored.

g)      No fires shall be permitted.

h)      All hazardous materials shall be forbidden.

i)        Where hard surfaces are to be removed, this shall be done using hand tools.

j)        Any structures such as the garage, greenhouse, garden wall and raised beds shall be removed manually and without mechanical excavators.

 

REASON - In the interest of the visual appearance of the development and local area.

 

29.  The development hereby approved shall not be carried out otherwise than in complete accordance with the Recommendations (Section 6) set out in the submitted document entitled Ecological Impact Assessment- Version 3 produced by OS Ecology dated February 2025.

 

REASON - In the interests of ecological enhancement for the application site.

 

30.  The bin store provision for the North and East Plots as shown on Drawing Number 565 A.10 Rev 12 shall be provided prior to the first occupation of each dwelling and shall remain in place or the lifetime of the development.

 

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

 

31.  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 dwellings on the North and East Plot or within their curtilage hereby permitted without the prior consent of the Local Planning Authority, to whom a planning application must be made.

 

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

 

32.  Any garage included within the application(s) made in pursuance of Condition 1) shall be provided prior to the dwelling to which it relates being occupied and thereafter it shall be retained permanently available for parking purposes and for no other purpose without the planning permission first being obtained from the Local Planning Authority.

 

REASON - To safeguard the residential amenities of the neighbourhood and to ensure the provision of adequate off-street parking accommodation to avoid the congestion of surrounding streets by parked vehicles.