Agenda item

19/00092/FUL - Application submitted under Section 73 of the Town and Country Planning Act 1990 for the variation of condition 15 (accordance with proposals) attached to planning permission 17/00789/FUL dated 12 December 2017 - to permit changes to garage and internal/external alterations to dwelling (Plot 1) (amended Site Location Plan received 10 May 2019)

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), four letters of objection received, and the objections of the Low Coniscliffe and Merrybent Parish Council).

RESOLVED – That planning permission be granted subject to the following conditions:

1.      The garage/workshop hereby approved shall be used for purposes incidental to the enjoyment of the dwelling house only and shall not be used for any business or commercial activities.

REASON: In the interests of residential amenity.

2.      The first floor window formed in the south facing elevation of the dwelling shall be obscure glazed and shall not be repaired or replaced other than with obscured glazing.

REASON: In the interests of the residential amenity.

3.      The materials used in the external surfaces of the dwelling and garage hereby permitted shall be in complete accordance with the photographs/samples submitted with planning permission reference number  17/00789/FUL dated 12 December 2017unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of the visual appearance of the development and surrounding area

4.      Prior to the development hereby approved being first occupied, a 3 meter high reflective acoustic barrier shall be constructed along the entire eastern site boundary and 20 meters along the northern boundary as shown on the approved Means of Enclosure plan. The barrier shall have a minimum surface density of 10kg/m² and form a continuous barrier with no gaps with the ground. Thereafter the barrier shall be retained and maintained for the life of the development.

REASON: In the interests of residential amenity.

5.      The glazing specification for all windows associated with the development shall have a minimum acoustic performance value of 36dB (Rw + Ctr).

REASON: To safeguard the amenities of the future occupiers of the dwelling.

6.      The acoustic window ventilator specification for all windows associated with the development shall have a minimum acoustic performance value of 42dB (Dne,w).

REASON: To safeguard the amenities of the future occupiers of the dwelling

7.      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.

8.      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.

9.      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.

10.   The development shall not be carried out otherwise than in complete accordance with the document entitled “Construction Management Plan” dated 12 June 2017 produced by ADG Architects and submitted with planning permission reference number  17/00789/FUL dated 12 December 2017unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of the residential amenity and highway safety

11.   Notwithstanding condition  9, construction work, including deliveries to and the removal of material from the site, shall not take place outside the hours 08.00-18.00 Monday to Friday and 08.00-14.00 on a 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

12.   If piled foundations are proposed, prior to the development commencing details of the piling method including justification for its choice, means of monitoring vibration and groundwater risk assessment if necessary in accordance with recognised guidance shall be submitted and agreed in writing by the Local Planning Authority. The development shall not be carried out otherwise then in accordance with the approved Plan.

REASON: In the interests of residential amenity.

13.   The development, including the demolition works, shall not be carried out otherwise than in complete accordance with the mitigation/countermeasures outlined in the document entitled “Arboricultural Survey, Arboricultural Impact Assessment, Arboricultural Method Statement – Merrybent Nursery, Merrybent, Darlington. REF: ARB/AE/948” dated July 2016, produced by Elliot Consultancy Limited and submitted with planning permission reference number  17/00789/FUL dated 12 December 2017unless otherwise agreed in writing by the Local Planning Authority.

REASON: To safeguard the life of trees in the interests of visual amenity.

14.   The development, including the demolition works, shall not be carried out otherwise than in complete accordance with the mitigation measures and recommendations outlined in Section F of the approved document entitled “Bat Risk Assessment – Merrybent Nursery. Report No 3” dated June 2016 and produced by E3 Ecology Limited and submitted with planning permission reference number 17/00789/FUL dated 12 December 2017unless otherwise agreed in writing by the Local Planning Authority.

REASON: To preserve and enhance the biodiversity of the site and surrounding area

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

(a)    Drawing Number 9-9 Rev A Proposed Garage Elevations

(b)    Drawing Number 00-2 Elevations/Ground Floor Plan

(c)    Drawing Number 00-3 First Floor Plan

(d)    Drawing Number 21-1 Proposed Site Plan

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