Agenda item

That, subject to the completion of a Deed of Variation of the Section 106 Agreement dated 21^st December 2018 and subject to the obligations contained therein, planning permission be granted.

19/00040/FUL – Erect 12 dwellings and access roads and other infrastructure. Variation of condition 3 (approved plans) attached to planning permission 18/00591/FUL to permit the substitution of house types and minor changes to the layout.

(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 a representative of Middleton St George parish Council, both of whom Members heard).

RESOLVED – (a)  That, subject to the completion of a Deed of Variation of the Section 106 Agreement dated 21^st December 2018 and subject to the obligations contained therein, planning permission be granted subject to the following conditions :-

1.      The development hereby permitted shall be commenced not later than 19 June 2012.
Reason – Due to the planning application being submitted under Section 73 of the Town and Country Planning Act 1990 (as amended).

2.      B4 – Materials

3.      Thedevelopmentshallbecarriedoutin completeaccordancewiththe approvedplan(s)asdetailedbelow:

Site layout plan – 1853/001F Revision F

House detail plans – 1853/003, 1853/004A and 1853/005A

Any materialchangeto theapprovedplanswillrequirea formalplanning applicationtovarythisconditionandany non-materialchangeto theplanswill requirethesubmissionofdetailsandtheagreementin writingby theLocal PlanningAuthoritypriortoanynon-materialchangebeingmade.
Reason - In ordertoensurethatthedevelopmentiscarriedoutin completeaccordance withtheapprovedplansandany materialandnon-materialalterationsto the schemeareproperlyconsidered.

4.      E2 – Landscaping

5.      Prior to the occupation of any unit within the development, a scheme for the provision of affordable housing shall be submitted to and approve in writing by the local planning authority. This shall include a plan showing the location of the units. The provision will take the form of on-site provision (of not less than 20% of the housing units) in accordance with a scheme to be submitted and agreed in writing by the local planning authority. The scheme for the development shall include:

(a)    The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

(b)    The arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing) (if no RSL is involved);

(c)    The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing;

(d)    The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced;

(e)    The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it.

Reason – To comply with the requirements of the local Development Plan.

6.      Precise details of the off site highway works required to access the site and mitigate the development impact shall be submitted and approved by the Local Planning Authority prior to the commencement of the development.  The submitted details shall include widening of the existing footway along the north-south section of Oak Tree Close to 2.0m wide, the addition of a new footway along the frontage of the development on the east-west section of Oak Tree Close at 2.0m wide (measured between restraints) connecting into the surrounding infrastructure and the new site access junction and linking footways. The development shall not be carried out otherwise than in complete accordance with the approved details.
Reason – In the interests of highway safety.

7.      Prior to the commencement of the development, a Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority. The Plan shall include details for wheel washing, a dust action plan, the proposed hours of construction, vehicle routes, road maintenance, and signage.  The development shall not be carried out otherwise than in complete accordance with the approved detail.
Reason – In the interests of residential amenity.

8.      Development shall not commence until a detailed scheme for the disposal of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water and the Lead Local Flood Authority.
Reason – To prevent the increased risk of flooding from any sources in accordance with the NPPF.

9.      The development hereby approved shall not be commenced on site, 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;

              I.        Detailed design of the surface water management system;

            II.        A build program and timetable for the provision of the critical surface water drainage infrastructure;

           III.        A management plan detailing how surface water runoff from the site will be managed during the construction phase;

          IV.        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 CS10 and the National Planning Policy Framework.

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

              I.        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;

            II.        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. 

(b)  That, should the 106 agreement not be completed within the prescribed period without written consent of the Councilto 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 improving sustainable transport and public transport facilities in  the locality of the application site in order to mitigate the impact of the proposed development.