Agenda item

19/00339/OUT – Outline planning permission for redevelopment of former reservoir site for residential purposes of up to 46 dwellings with all matters reserved apart from access (amended ecological appraisal received 23 May 2019 and additional Transport Technical Note received 19 June 2019)

 

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), three letters of objection, the objections raised by the Campaign to Protect Rural England, and the views of the Applicant’s Agent, whom the Committee heard. It was noted that the objections from the Parish Council outlined within the submitted report had been withdrawn ahead of the meeting).

 

RESOLVED – That the Director of Economic Growth 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 to the development covering:

 

(a) Sustainable Transport Contribution of £46,800 towards the Service 20 bus service;

 

(b) A contribution of £15,000 towards the improvement/provision of play equipment within Sadberge village.

 

Should the Section 106 Agreement not be completed within this prescribed period without the written consent of the Council to extend this time, the minded to approved 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.

 

That upon satisfactory competition and signing of that agreement, planning permission be granted subject to the following conditions and reasons:

 

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 out 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.

 

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

 

3. PL00 (Approved Plans)

(a) Proposed Parameters Plan, drawing number 200-04, Revision 03

 

4. The development shall not begin until a scheme for the provision of affordable    housing on the site 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

 

5. No development hereby approved shall be erected above damp proof course level until samples and details of the external materials to be used in the construction of the development have been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with the approved details.

 

REASON – In the interest of visual amenity.

 

6. Prior to the commencement of development hereby permitted, details of the following shall be submitted to and approved in writing by the Local Planning Authority:

 

a)    Internal highways layout and site access junction;

 

b)    Provision of a new footway along the frontage of the site and associated crossings on Darlington Road;

 

c)    In-curtilage car parking, to include the number, location and dimensions of all driveways and garages;

 

d)    Secure cycle parking and storage, to include the number, location and design of cycle stands;

 

e)    Swept path analysis to support the movement framework for emergency vehicles, refuse and service vehicles for the internal network and, where appropriate, in respect of the off-site highway proposals.

 

Thereafter the development shall be carried out in accordance with the details as approved and shall be maintained for the lifetime of the development.

 

REASON – In the interest of highway safety

 

7. Prior to the commencement of the development, a Demolition and Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority.  The plan shall include the following:

 

a)    Dust Assessment Report which assess 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 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’ 2009.

 

c)    Construction Traffic Routes, including contractors’ compound location and parking areas for staff and visitors;

 

d)    Details of wheel washing;

 

e)    Road Maintenance;

 

f)     Warning signage.

 

The development shall not be carried out otherwise than in complete accordance with the approved plan.

 

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

 

8. Prior to the commencement of development hereby permitted a road condition survey of the adopted highway shall be undertaken, the requirements of which shall first be agreed in writing by the Local Planning Authority.  The survey shall ensure that no further damage is caused to the adopted highway as a result of the construction phase of the development.

 

REASON – In the interest of highway safety

 

9. A Road Safety Audit shall be carried out for all works within the public highway and the scope of the Audit shall be agreed in writing with the Local Planning Authority.  The development shall not be carried out unless otherwise in complete accordance with the approved Audit.

 

REASON – In the interest of highway safety

 

10. Habitable rooms in the facades of properties fronting onto Darlington Road and along the southern boundary of the site backing onto the A66 shall be fitted with suitable acoustic ventilation systems and glazing which meets or exceeds the requirements set out in the Wardell Armstrong noise report (ref. NT13535001) submitted with the application.  The exact specification of the acoustic mitigation measures shall be agreed in writing with the Local Planning Authority prior to any of the dwellings hereby approved being erected about the damp proof course level.  The agreed measures shall be implemented in full prior to first occupation of the dwellings hereby approved and shall be maintained thereafter for the lifetime of the development.

 

REASON – To protect occupants of the proposed dwellings from excessive road traffic noise.

 

11. At a time agreed in writing by the Local Planning Authority, a Phase 2 Site Investigation (Sampling and Analysis Plan) shall be designed and documented by a suitably competent person(s) in accordance with the 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.

 

12. 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 by 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.

 

13. 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.

 

14. CL5 (Unexpected contamination)

 

15. CL6 (Phase 4 Verification and Completion Report)

 

16. The development hereby approve 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 programme and timetable for the provision of a 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 the site or surrounding area, in accordance with the guidance within Core Strategy Development Plan Policy CS16 and the National Planning Policy Framework.

 

17. The building 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 building

 

ii.            The drawings of all SuDS features have been submitted and approved in writing by the Local Planning Authority, the drawings should highlight all site levels, including the 30 year and 100 year+cc flood levels and confirmation of storage capacity

 

iii.           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 area in place for the lifetime of the development

 

18. Development shall be implemented in line with the drainage scheme contained within the submitted document entitled ‘Flood Risk Assessment’ dated March 2019.  The drainage scheme shall ensure that foul flows discharge to the foul sewer at manhole 9801 and ensure that surface water discharges to the 225mm surface water sewer downstream of manhole 3705.  The surface water discharge rate shall not exceed the available capacity of 10.0 l/sec that has been identified in this sewer.  The final surface water discharge rate shall be agreed by the Lead Local Flood Authority. 

 

REASON – To prevent the increased risk of flooding from any sources in accordance with the NPPF.

 

19. The ecological enhancement and mitigation measures set out in the Barrett Environmental Ltd ‘Sadberge Reservoir Ecological Appraisal’ dated April 2019 shall be implemented in full.  In addition, no development shall take place until precise details of a scheme for the provision of bird and bat nesting opportunities on the site, has 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 the site. 

 

REASON – To comply with Core Strategy Policy CS15 (Protecting and Enhancing Biodiversity and Geodiversity).

 

20. No vegetation removal shall take place within the bird breeding season (March to September 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.

 

21. E11 (Tree Protection)

 

22. Prior to the commencement of the development hereby permitted, 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.