Agenda item

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

17/01195/OUT – Outline planning application for the erection of up to 330 residential dwellings with associated landscaping and engineering works, 3 retail units and provision of a new single form Primary School.

 

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated).

 

RESOLVED – (a)  That the previous decision of this Committee at Minute PA57(1)/Jan/19 be rescinded and that the Director of Economic Growth and Neighbourhood Services be authorised to negotiate an agreement under Section 106 of the Town and Country Planning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 -:

 

i)             strategic network improvements;

ii)            gifting of school site to the Council for provision of a single form primary school in leiu of a financial education contribution;

iii)           sustainable transport contribution;

iv)           provision of one bus pass per dwelling.

 

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

 

1.      Approval of the following details (‘the reserved matters) in respect of the development shall be obtained from the Local Planning Authority in writing before the development is commenced:

(a)    layout

(b)    scale

(c)    appearance

(d)    landscaping

The development shall not be carried other than in accordance with the approved plans. Application(s) for the reserved matters for any building/s or phase of development shall be made to the local planning authority before the expiration of eighteen months from the date of this permission.
Reason – To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990 and to ensure the speedy provision of this site for the approved development.

2.      The development hereby permitted shall be begun either before the expiration of;

(a)    three years from the date of this permission, or

(b)    one year from the date of approval of the last of the reserved matters to be approved; whichever is the later.

3.      PL (Accordance with plans)

Y81:1054.06 Revision D Developable areas

Y81.1054.05 Revision D Illustrative masterplan

4.      E3 Landscaping (Implementation)

5.      No development shall take place on the western section of the application site (to the west of Middleton Back Road) until the existing industrial/ haulage uses have fully ceased operation.
Reason – In the interests of residential amenity and highway safety.

6.      The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. 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. The scheme shall include:

(a)    the numbers, type, tenure and location on the site of the affordable housing provision to be made, which shall consist of not less than 20% of housing units;

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

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

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

(e)    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.

Reason – To comply with Council Housing Policy.

7.      The development hereby approved, as it affects that part (or phase) of the site to be developed, shall not be commenced on site, until a scheme of ‘Surface Water Drainage and Management’ for the implementation, maintenance and management of the sustainable 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 including design water levels and finished floor levels demonstrating a suitable freeboard;

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;

v.            Management plan for the Surface Water Drainage Scheme.

The building hereby approved shall not be brought into use until the approved ‘Surface Water Drainage’ scheme has been implemented and the approved scheme shall be maintained in accordance with the Surface Water Management scheme for the lifetime of the development.

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.

8.      The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and Drainage Strategy dated 11^th December 2017 and the following mitigation measures detailed in the FRA.

·         Limiting the surface water run-off generated by the impermeable areas of the development up to and including the 100 year critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.  This will be achieved in accordance with section 10.6 and 10.7 stating a post development discharge limit of 224.3l/s (subject to condition below.

·         Further, the applicant shall demonstrate that the existing positive drainage network is currently operable.  Otherwise, the existing impermeable area shall be considered as greenfield for the pre-development run-off calculations.

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.

9.      No dwellings should be occupied until the surface water management system for the development or any phase of the development is in place and fully operational.  A maintenance plan detailing how the surface water management system will be maintained during the construction phase must also be submitted and approved in writing by the Local Planning Authority.
Reason – To reduce flood risk and ensure satisfactory long term maintenance for the lifetime of the development. 

10.   Development, as it affects that part (or phase) of the site to be developed, 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.  Thereafter, the development shall not take place otherwise than in complete accordance with the approved details.
Reason – To prevent the increased risk of flooding from any sources in accordance with the NPPF.

11.   Prior to the commencement of the development, as it affects that part (or phase) of the site to be developed, a Demolition and Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plans shall include the following:

(a)    Methods for controlling dust from the construction activities on site.  These have already been outlined in the Miller Goodall Air Quality Assessment submitted with the application and should be incorporated into the CMP as part of the measures necessary to control dust on the site;

(b)    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 contricution’ February 2014;

(c)    Methods for controlling noise and vibration during the demolition and construction phase7. which shall take account of the guidance contained within BS5228 ‘Code of Practice for noise and vibration control on construction and open sites’ 2009;

(d)    Construction Traffic Routes, including parking areas for staff and visitors;

(e)    Details of wheel washing;

(f)     Road Maintenance;

(g)    Warning signage;

(h)    Details of parking for show homes.

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

12.   Prior to the commencement of the development as it affects that part (or phase) of the site to be developed 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 CLR11) 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 sources, hazards and impacts. 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 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.

13.   Prior to the commencement of the development as it affects that part (or phase) of the site to be developed, 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 CLR11) 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 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.

14.   Prior to the commencement of the development as it affects that part (or phase) of the site to be developed, 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

15.   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.

16.   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 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 as it affects that part (or phase) of the site to be developed 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.

17.   For each phase of development, prior to, or at the same time as any reserved matters application, relating to layout, scale, appearance and landscaping, a noise impact assessment and a scheme to protect any noise sensitive receptors from excessive noise, undertaken by a suitably qualified acoustic consultant shall be submitted to and approved in writing by, the Local Planning Authority.  The scope of the report, including the relevant noise sources to be considered and noise sensitive receptors shall be agreed in advance with the Local Planning Authority.  Any works which form part of a mitigation scheme outlined in the noise impact assessment shall be completed prior to any party of the development being first occupied or used, or within an alternative timescale to be agreed with the Local Planning Authority.  This requirement can be dispensed with if it is demonstrated and agreed in writing with the Local Planning Authority that no adverse noise impacts will arise for each phase.
Reason – In the interests of residential amenity.

18.   Construction and demolition work shall not take place outside the hours of 08:00-18:00 Monday to Friday, 08:00-13:00 Saturday with no working on a Sunday and Bank / Public Holidays without the prior written permission from the Local Planning Authority.
Reason – In the interests of residential amenity.

19.   No development shall be carried out unless and until vehicle swept path analysis has been undertaken to support the movement framework for emergency vehicles, refuse vehicles and buses, for the internal network and, where appropriate, in respect of the off-site highway proposals, details of which shall be submitted to, and approved by the Local Planning Authority.
Reason – In the interests of highway safety.

20.   Prior to the commencement of the development, as it affects that part (or phase) of the site to be developed, precise details of car parking and secure cycle parking and storage details shall be submitted and approved in writing by the Local Planning Authority.  The details shall include the number, location and design of the cycle stands and the development shall not be carried out otherwise than in complete accordance with the approved details.
Reason- In the interests of highway safety.

21.   Precise details of the off-site highway works required to access the site and mitigate the development impact shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development.  The submitted details shall include dropped kerbs, footways to the development frontage to connect into the surrounding infrastructure, tactile paving, improvements to visibility splays, junctions, roundabout, bus stops traffic calming and signage/road markings. The development shall not be carried out otherwise than in complete accordance with the approved details.
Reason – In the interest of highway safety.

22.   Prior to the commencement of any development on the western section of the application site (to the west of Middleton Back Road) details of the footpath entrance from Chapel Street, including details of the timing of the works to implement the link, shall be submitted to, and approved in writing by, the Local Planning Authority.  Thereafter the development shall be implemented fully in accordance with the approved details.
Reason – To achieve satisfactory pedestrian access provision in the interests of connectivity.

23.   A Road Safety Audit shall be carried out for all of the works within the public highways and the scope of the Audit shall be agreed in writing with the Local Planning Authority.  The development shall not be carried out unless in complete accordance with the approved Audit.
Reason – In the interest of highway safety.

24.   Unless otherwise agreed in writing by the Local Planning Authority, no part of the development shall be occupied until a Travel Plan, to help reduce dependency on the use of the private car has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan should include clear and unambiguous objectives and modal split targets, together with a time-bound programme of implementation, monitoring and regular review and improvement; Thereafter, the development shall not be carried out otherwise than in accordance with the terms of the approved Travel Plan.
Reason - To encourage the reduction of journeys made to and from the development by private motor vehicles by the promotion of more sustainable forms of transport.

25.   Prior to the commencement of the development hereby approved, as it affects that part (or phase) of the site to be developed, details of pedestrian links within the site to connect to existing surrounding infrastructure, to improve the permeability of the site, shall be submitted to, and approved in writing by, the Local Planning Authority.
Reason – To ensure a satisfactory form of development.

26.   No development, as it paffects that part (or phase) of the site to be developed, shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been approved in writing by the Local Planning Authority.  The scheme shall provide for:

i)             Measures to ensure the preservation in situ, or the preservation by record, of archaeological features of identified importance;

ii)            Methodologies for the recording and recovery of archaeological remains including artefacts and ecofacts;

iii)           Post-fieldwork methodologies for assessment and analyses;

iv)           Report content and arrangements for dissemination, and publication proposals;

v)            Archive preparation and deposition with recognised repositories;

vi)           A timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the strategy;

vii)         Monitoring arrangements, including the notification in writing to the County Durham Principal Archaeologist of the commencement of archaeological works and the opportunity to monitor such works;

viii)        A list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications.

The archaeological mitigation strategy shall be carried out in accordance with the approved details and timings.

Reason – To comply with para 197 and 199 of the NPPF because the site is of archaeological interest.

27.   Prior to the development being beneficially occupied, a copy of any analysis, reporting, publication or archiving required as part of the mitigation strategy shall be deposited at the County Durham Historic Environment Record.
Reason – To comply with para 199 of the NPPF, which requires the developer to record and advance understanding of the significance of a heritage asset to be lost, and to make this information as widely accessible to the public as possible.

28.   Prior to the commencement of the development, as it affects that part (or phase) of the site to be developed, details of the proposed surface water and foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with Network Rail.  Such a scheme shall be designed to ensure that all surface water and foul water drainage from the development area shall be directed away from Network Rail’s retained land and structures into suitable drainage systems.  Thereafter the development shall be carried out in accordance with the details as approved.
Reason – To ensure the safety, operational needs and integrity of the railway.

29.   Notwithstanding any details of the proposed boundary treatment submitted as part of the application, details of trespass proof fence to be built adjacent to Network Rail’s boundary, shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with Network Rail, prior to the commencement of development, as it affects that part (or phase) of the site to be developed.  Thereafter the development shall be carried out in accordance with the details as approved.
Reason – To ensure the safety, operational needs and integrity of the railway.

30.   Prior to the commencement of the development, as if affects that part (or phase) of the site to be developed, details of a scheme to prevent vehicular access from the development northwards underneath the railway structure shall be submitted to, and approved in writing by the Local Planning Authority, in conjunction with Network Rail.  Thereafter the development shall be carried out in accordance with the details as approved. 
Reason – To ensure the safety, operational needs and integrity of the railway.

31.   In the event that external lighting is to be used either during the construction or operational phases of the development, details shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with Network Rail prior to the commencement of development.    Thereafter the development shall be carried out in accordance with the details as approved.
Reason – To ensure the safety, operational needs and integrity of the railway.

32.   In the event that excavations/piling/buildings are to be located within 10 metres of the railway boundary a method statement shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with Network Rail, prior to any works commencing on site.  Thereafter the development shall be carried out in accordance with the details as approved.
Reason – To ensure the safety, operational needs and integrity of the railway.

33.   Prior to the commencement of the development hereby permitted, as it affects that part (or phase) of the site to be developed, details of the finished floor levels of the dwellings and gardens hereby approved in relation to existing ground levels shall be submitted to and approved in writing by the Local Planning Authority.   Thereafter the development shall be undertaken in accordance with the details as approved.
Reason – In the interest of visual and residential amenity.

34.   The mitigation measures set out in the Ecological Impact Assessment prepared by Naturally Wild (SHA-17-06 September 2018) shall be implemented in full.  In addition, no development shall take place until precise details of a landscaping scheme to mitigate for the loss of habitat on the site and for the provision of bat roosting and bird nesting opportunities on the site have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the approved scheme shall be implemented in full prior to first occupation of any of the dwellings on site and maintained for the lifetime of the development.
Reason – To comply with Core Strategy Policy CS15 (Protecting and Enhancing Biodiversity and Geodiversity).

35.   No tree or hedgerow removal or works to buildings shall take place within the bird breeding season (March to August inclusive) unless a bird nesting survey has first been undertaken and submitted to and approved in writing by the Local Planning Authority.
Reason – In the interest of nesting birds.

36.   Prior to the commencement of the development, as it affects that part (or phase) of the site to be developed, a detailed survey of trees to be affected by the development (both within the site and adjoining its boundary) shall be carried out.  The survey shall include the identification of measures to protect existing retained trees in order to protect them from damage by compaction, severance and material spillage, in accordance with BS5837, and shall be submitted to, and approved in writing by, the Local Planning Authority.  No demolition or site clearance shall be commenced until the agreed measures are in place and have been inspected by the Council’s Arboricultural Officer.  The approved measures shall remain in place through the carrying out of this planning permission.  Notwithstanding the above approved specification, none of the following activities shall take place within the segregated protection zones in the area of the trees:

(a)    The raising or lowering of levels in relation to existing ground levels;

(b)    Cutting of roots, digging of trenches or removal of soil;

(c)    Erection of temporary buildings, roads or carrying out of any engineering operations;

(d)    Lighting of fires;

(e)    Driving of vehicles or storage of materials and equipment;

Reason – To ensure a maximum level of protection in order to safeguard the well-being of the trees on the site and in the interest of the visual amenities of the area.

37.   The retail floorspace shall comprise three self-contained units of 500 square metres gross each, and thereafter no amalgamation to larger units shall take place without the prior written approval of the Local Planning Authority, to whom a planning application must be made.
Reason – To ensure that the proposed retail units meet local needs. 

38.   The retail units hereby approved shall only be used for A1 (Shops), A2 (Financial and professional services) or A3 (Restaurants and Cafes) of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other use without the prior written approval of the Local Planning Authority, to whom a planning application must be made.
Reason – To ensure that the proposed retail units meet local needs and to allow the Local Planning Authority to retain control over the uses within the site in the interests of residential amenity.

39.   The use of the retail units hereby permitted shall not commence until details of the arrangements for the storing of waste or refuse have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out in accordance with the details as approved.
Reason – In the interest of residential amenity.

40.   No development in connection with the retail units hereby approved shall take place until a Servicing Management Plan, which shall limit the size of service vehicles visiting the site and make and providing for the management of the car parking in connection with service vehicles has been submitted to and approved in writing by the Local Planning Authority.  Thereafter all vehicle servicing shall take place in accordance with the approved Servicing Management Plan.
Reason – In the interest of highway safety.

41.   No external plant, equipment or machinery shall be installed as part of the proposed retail units without the prior written approval of the Local Planning Authority.  Where external plant, equipment or machinery is proposed details shall be submitted in writing to the Local Planning Authority prior to its installation and must include the type of plant, equipment or machinery to be installed and the proposed locations, and if deemed necessary by the Local Planning Authority, appropriate noise mitigation measures shall be implemented prior to the plant, equipment or machinery first becoming operational and thereafter shall be retained and maintained for the life of the development.
Reason – In the interest of residential amenity.

42.   Deliveries to and the collection of waste from the retail units hereby permitted shall only permitted whilst the premises is open and in any event only between the hours of 07.00 and 19.00 Monday to Saturday and 10.00 and 18.00 on Sundays and Bank Holidays.
Reason – In the interest of residential amenity.

 

(b)  That, should the 106 agreement not be completed within this prescribed period without written consent of the council to extend this time, the minded to approve status of the permission shall be considered to be a refusal 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), without any further reference to the Planning Committee, 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 strategic highway network improvements, sustainable transport and education in order to mitigate the impact of the proposed development.