Agenda item

That upon satisfactory completion and signing of a Section 106 agreement, planning permission be granted.

18/00989/FUL -  Proposed residential development consisting of 30 residential units (Additional Geotechnical Report and Phase 1 Ground Investigation Report received 6 and 11 December 2018; amended and additional plans and information received 17 December 2018, 7 January 2019, 10 January 2019, 11 January 2019, 16 January 2019 and 17 January 2019).

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated) and the views of the applicant’s agent and one objector, both of whom Members heard and the findings a site visit which had been held).

RESOLVED – (a) That the Director of Economic Growth and Neighbourhood Services be authorised to negotiate an agreement under Section 106 of the Town and Country Planning Act 1990 within six months to secure planning obligations that are appropriate for the development covering:-

• Offsite affordable housing (£369,000)
• Sustainable transport contribution to improve pedestrian facilities on Staindrop Road, in the vicinity of the site (£25,500)
• Sport & Recreation including 10 year maintenance contribution for improving and maintaining the new sport pitches on Staindrop Road (£8,988)
• An open space management and maintenance plan

(b) That upon satisfactory completion and signing of the above agreement, planning permission be granted subject to the following conditions :-
 

General

1.      The development hereby permitted shall be commenced not later than 18 months from the date of this permission.
Reason - In the interests of achieving an improved rate of housing delivery in the Borough.

Materials

2.      The development hereby approved shall not be carried out otherwise than in complete accordance with the document entitled External Finishes Schedule – Document Number E037-GTPN-XX-XX-SC-W-XX-001 and Drawing Number MHD-519-ZZ-XX-D-A-9009 Rev P1 “Proposed Brick Finishes Plan” unless otherwise agreed in writing by the Local Planning Authority.
Reason - In the interests of visual appearance of the development and to safeguard the setting of the Grade II Listed Building (Mowden Hall).

Enclosures

3.      No dwellings hereby approved shall be erected above damp proof course until precise details of the new enclosures at Mowden Hall Drive and High Green entrances shall be submitted to and approved, in writing, by the local planning authority. The details shall include the design, location and choice of materials for the new enclosures 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 the surrounding area

Flood Risk and Drainage

4.      The development hereby approved shall not commence on site other than those works shown Drawing Number P17-542-3E-00-XX-DR-C-0003- Rev P1 Section 38 & 278 “Enabling Works Extents” until a scheme for the implementation, maintenance and management of a Sustainable Surface Water Drainage Scheme has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details, the scheme shall include but not be restricted to providing the following details:

(a)    Detailed design of the surface water management system;

(b)    A build program and timetable for the provision of the critical surface water drainage infrastructure;

(c)    A management plan detailing how surface water runoff from the site will be managed during the construction phase;

(d)    Details of adoption responsibilities.

Reason -To ensure the site is developed in a manner that will not increase the risk of surface water flooding to site or surrounding area, in accordance with the guidance within Core Strategy Development Plan Policy CS16 and the National Planning Policy Framework.

5.      The development permitted by this planning permission shall only be carried out in accordance with the document entitled “Mowden Hall, Darlington. Flood Risk and Drainage Impact Assessment for Galliford Try Partnership North” produced by F Benrley-Gold and dated December 2018 and the following mitigation measures detailed within the FRA

(a)    Attenuate runoff to the greenfield runoff rate of 5l/s

(b)    Discharge location to be NWL surface water sewer

The mitigation measures shall be fully implemented prior to the occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any period as may subsequently be agreed, in writing, by the local planning authority.

Reason -To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants.

6.      The buildings hereby approved shall not be brought into use until:-

1)    Requisite elements of the approved surface water management scheme for the development, or any phase of the development are in place and fully operational to serve said buildings;

2)    A Management and maintenance plan of the approved Surface Water Drainage scheme has been submitted and approved in writing by the Local Planning Authority, this should include the funding arrangements and cover the lifetime of the development.

Reason - To reduce flood risk and ensure satisfactory long term maintenance are in place for the lifetime of the development.

Trees

7.      The development hereby approved shall not be carried out otherwise than in complete accordance with the document entitled “Arboricultural Method Statement (Version 3)” dated January 2019 and produced by The Environment Partnership unless otherwise agreed in writing by the Local Planning Authority.
Reason - In the interests of the visual appearance of the development and surrounding area.

Amenity

8.      The development hereby approved shall not be carried out otherwise than in complete accordance with the document entitled “Mowden Hall, Darlington, Site Management Methodology” dated December 2018 and produced by Galliford Try Partnerships and Drawing Number SITE SETUP—01 Site Set Up and Traffic Management Plan unless otherwise agreed in writing by the Local Planning Authority.
Reason - In the interests of the residential amenity and highway safety.

9.      Notwithstanding the information in the Site Management Methodology document by Galliford Try dated December 2018, construction work, including the use of plant and machinery (including generators) as well as deliveries to and the removal of material from the site, shall not take place outside the hours of 08.00 - 18.00 Monday - Friday, 08.00 -14.00 Saturday with no working on a Sunday and Bank/Public Holidays without the prior written approval from the Local Planning Authority.
Reason - In the interests of residential amenity.

Highways

10.   No dwellings hereby approved shall be erected above damp proof course level until precise details of the works within the public highway on High Green and Mowden Hall Drive have been submitted to and approved in writing by the Local Planning Authority. The details shall include dropped kerbs, footways, tactile paving, and additional signage and road markings. The development shall not be carried out otherwise than in accordance with the approved details unless agreed in writing by the Local Planning Authority.
Reason - In the interests of highway safety.

Landscape and Ecology

11.   The submitted landscaping scheme, as shown on Drawing Number N771-ONE-ZZ-XX-DR-L-0201 Rev PO8 shall be fully implemented concurrently with the carrying out of the development, or within such extended period which 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 five years to the satisfaction of the Local Planning Authority.
Reason - In the interests of the visual amenities of the area.

12.   Notwithstanding the requirements of condition 12 above, the two Lime trees which form part of the Tree Group GD of the Darlington Borough Council Variation Order No. 1 2012 in respect of the County Borough of Darlington Tree Preservation No. 1 Order 1951 (adjacent to Plot 12 on Drawing Number MHD-519-ZZ-XX-D-A-9001 Rev P18 Site Plan as proposed and denoted as T19 and T20 on Drawing Number MHD-A519-ZZ-XX-D-A9002 Rev P5 Site Plan proposed tree removal) shall be retained and incorporated into the landscaping scheme for the approved development.

Reason – In the interests of the visual amenities of the area.

13.   The development hereby approved shall not be carried out otherwise than in complete accordance with the details contained within the document “Mowden. Landscape Management Plan” produced by One Environments Limited dated October 2018 unless otherwise agreed in writing by the Local Planning Authority.
Reason - In the interests of the visual appearance and enhancing the ecological nature of the site and the surrounding area.

14.   Prior to the occupation of the first dwelling, precise details as to how the land and trees and hedges between the proposed boundary fences of Plot Numbers 1 and 6 to 12 and the existing dwellings on Hall View Grove and Edgecombe Grove shall be submitted to and approved in writing by the Local Planning Authority and future maintenance shall not be carried out otherwise than in complete accordance with the approved details.
Reason – In the interests of achieving a satisfactory form of development.

15.   The development shall not be carried out otherwise than in complete accordance with the recommendations contained within the document entitled “Mowden Hall. Darlington. Ecological Assessment” produced by the Environment Partnership dated July 2018 unless otherwise agreed in writing by the Local Planning Authority.
Reason - In the interest of enhancing the ecological nature of the development.

16.   The development hereby approved shall not be carried out otherwise than in complete accordance with the ecological mitigation measures (location of bird and bat boxes) shown on Drawing Number MHD-519-ZZ-XX-D-A-9001 Rev P18 “Site Plan as Proposed” unless otherwise agreed in writing by the Local Planning Authority.   Thereafter the bird and bat boxes as approved shall be maintained on site for the lifetime of the development.
Reason - In the interest of enhancing the ecological nature of the development.

Heritage Asset Matters

17.   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 within Schedule 2, Part 1, Classes A, B, D, E, G, H of that Order 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 safeguard the significance of Mowden Hall which is a Grade II listed building.

Contaminated Land

18.   The development hereby approved shall not commence on site other than those works shown Drawing Number P17-542-3E-00-XX-DR-C-0003- Rev P1 Section 38 & 278 “Enabling Works Extents” until a Phase 3 Remediation and Verification Strategy has been 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.

19.   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.

20.   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.

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

(a)    Drawing Number N771-ONE-ZZ-XX-DR-L-0201 Rev PO8 Landscape Proposals

(b)    Drawing Number MHD-519-HT7-XX-DR-A-2001 Rev P2 Proposed House Type Cottingham

(c)    Drawing Number MHD-519-HT4-XX-DR-A-2001 Rev P6 Proposed House Type Mountford

(d)    Drawing Number MHD-519-HT3-XX-DR-A 2001 Rev P7 Proposed House Type 1001

(e)    Drawing Number MHD-519-HT1-XX-DR-A 2001 Rev P6 Proposed House Type 304

(f)     Drawing Number MHD-519-HT5-XX-DR-A 2001 Rev P6 Proposed House Type Goodridge

(g)    Drawing Number MHD-519-HT6-XX-DR-A-2001 Rev P6 Proposed oHoise Type MylnmeHouse House Type Mylne

(h)    Drawing Number P17-542-3E-00-XX-DR-C-2000 - Rev P2 Proposed Levels Sheet 1 of 2

(i)      Drawing Number P17-542-3E-00-XX-DR-C-2001- Rev P2 Proposed Levels Sheet 2 of 2

(j)      Drawing Number D7167.001 Tree Constraints Plan Existing

(k)    Drawing Number SITE SETUP—01 Site Set Up and Traffic Management Plan

(l)      Drawing Number P17-524-3E-00-XX-DR-C-1000 Rev P2 Proposed Drainage Layout

(m)   Drawing Number MHD- A519-ZZ-XX-D-A9002 Rev P5 Site Plan Proposed Tree Removal

(n)    Drawing Number MHD-519-ZZ-XX-D-A 9004 Rev P5 Proposed Boundary Treatment

(o)    Drawing Number MHD-519-ZZ-XX-D-A-9006 Rev P5 Site Sections as Proposed

(p)    Drawing Number MHD-519-ZZ-XX-D-A-9001 Rev P18 Site Plan as Proposed

(q)    Drawing Number P17-542-3E-00-XX-DR-C-0001 Rev P1 Flood Flow Routes Plan

(r)     Drawing Number P17-542-3E-00-XX-DR-C-0002 Rev P1 Drainage Maintenance Plan

(s)    Drawing Number MHD-519-ZZ-XX-D-A-9003 Rev P3 Site Location Plan

(t)      Drawing Number MHD-519-ZZ-XX-D-A- 9009 Rev P1 Proposed Brick Finishes

(u)    Drawing Number MHD-519-ZZ-XX-D-A-9010 Management Company Site Layout

(v)    Drawing Number P17-542-3E-00-XX-DR-C-0003- Rev P1 Section 38 & 278 Enabling Works Extents

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

(c)  That, should the Section 106 Agreement be not completed within 6 months without the written consent of the Local Planning Authority to extend this time (the decision as to whether or not time is to be extended is delegated to Officers), the permission shall be refused without any further reference to the Planning Committee 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 Core Strategy Policy CS4 (Developer Contributions) namely :-

the proposed development would be contrary to policy CS4 (Developer Contributions) of the Darlington Core Strategy Development Plan document 2011 as adequate provision has not been made for affordable housing, improving and enhancing walking routes in the vicinity of the site in order to mitigate the impact of the proposed development.