Agenda item

 

20/00196/FUL – Hybrid application for demolition of existing farmhouse and outbuildings and erection of 305 dwellings, including 150 affordable dwellings, with associated landscaping; access and parking (in detail) and up to 144 affordable dwellings with all matters reserved apart from access (in outline) (additional archaeology report received 14April 2020; amended and additional plans and documents received 29 May 2020 and 2 June 2020; additional and amended information, including ecology and drainage information received 3 July 2020).

 

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), five letters of objection received, a petition containing 12 signatories, the objections of the Campaign to Protect Rural England, and representations submitted by Darlington Mowden Park Rugby Club.

 

The Committee also took into consideration three further objections from residents, a further representation from a resident highlighting drainage concerns, and further objections from Darlington Mowden Park Rugby Club and England Lyle Good Town Planning, all of which were received subsequent to the Planning Officer’s report being circulated).

 

RESOLVED – That Planning Permission be granted subject to:

 

A Cabinet resolution regarding planning obligations to secure the following (to be completed within six months):

 

a)    Extension to Bus Service - £400,000

b)    Sustainable Transport - £116,250

c)    Sport & Recreation - £14,486 with a 10 Year maintenance sum of £30,906

d)    Offsite highway improvements - £287,045.70 

e)    On site ecology works and offsite ecology works at Ivy Cottage, Snipe Lane and Staindrop Road

f)      Open Space Management Plan

 

The removal of the Holding Objection from Highways England, and the following conditions:

 

Detailed Phase

 

1. The development hereby permitted shall be commenced not later than the expiration of three years from the date of this permission.

 

REASON - To accord with the provisions of Section 91(1) of the Town and Country Planning Act, 1990

 

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

 

· QD1492-311-01   Proposed Hybrid Masterplan Overall Layout - Rev K

· QD1492-311-02 Proposed Hybrid Masterplan Overall Sheet 1- Rev F                         

· QD1492-311-03   Proposed Hybrid Masterplan Overall Sheet 2- Rev G

· QD1492-330-01   Materials Layout Sheet 1 – Rev F

· QD1492-330-02   Materials Layout Sheet 2- Rev F

· QD1492-332-01   Enclosures Layout Sheet 1- Rev E

· QD1492-332-02   Enclosures Layout Sheet 2- Rev E

· QD1492-355-01   Proposed Hybrid Masterplan Public Rights of Way- Rev I                                

· QD1492-356-01   Safe Routes to Schools Plan - Rev D

· QD1492-393-01   Open Space Plan- Rev D

· QD1492-A100-01  A100 Planning Drawing

· QD1492-A101-01  A101 Planning Drawing

· QD1492-A102-01  A102 Planning Drawing

· QD1492-A103-01  A103 Planning Drawing

· QD1492-A104-01  A104 Planning Drawing

· QD1492-A105-01  A105 Planning Drawing

· QD1492-AR2-01  The Arundel 2 Planning Drawing

· QD1492-DH-01    The Durham Planning Drawing

· QD1492-ELY-01   The Ely Planning Drawing

· QD1492-LA-01     The Lancaster Planning Drawing

· QD1492-LD2-01   The Litchfield 2 Planning Drawing

· QD1492-LN-01     The Lincoln Planning Drawing

· QD1492-LR-01     The Larch Planning Drawing

· QD1492-NO-01   The Norwich Planning Drawing

· QD1492-RI-01      The Ripon Planning Drawing

· QD1492-RO2-01   The Rochester 2 Planning Drawing

· QD1492-SK-01     The Southwark Planning Drawing

· QD1492-SW-01   The Shrewsbury Planning Drawing

· QD1492-WN-01  The Winchester Planning Drawing

· QD1492-WS-01   The Westminster Planning Drawing

· QD1492-YO-01    The York Planning Drawing

· QD1492-GR-01    Garages Planning Drawing

· QD1492-00-01     General Arrangement - Rev E                                                                                     

· QD1492-03-01     Overall Drainage Layout - Rev D

· QD1492-03-02     Engineering Layout Sheet 1- Rev C                           

· QD1492-03-03     Engineering Layout Sheet 2- Rev C                           

· QD1492-03-04     Offsite Drainage Schematic- Rev B       

· QD1492-03-05      Land Drainage Schematic Plan Rev B

· QD1492-04-08     Phase A SuDS General Arrangement – Rev C                        

· QD1492-04-09     Phase B SuDS General Arrangement - Rev C                         

· QD1492-04-10     Watercourse De-culverting Works - Rev C                             

· QD1492-04-12     Swale Through Northern POS - Rev A      

· D210.L.002           Landscape Masterplan- Rev F

· D210.L.003           Housing Area A 1 of 3- Rev C                                                                      

· D210.L.004           Housing Area A 2 of 3- Rev C                                                                      

· D210.L.005           Housing Area A 3 of 3- Rev D      

· D210.L.006           Housing Area B  500- Rev D          

· D210.L.007           Play Area Layout

· D210.L.008           Northern Area Landscape Layout

 

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

 

3. 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;

 

a)    Detailed design of the surface water management system; (for each phase of the development).

 

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

 

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

 

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 2019

 

4. The building hereby approved shall not be brought into use until:-

 

a)    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;

 

b)    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.

 

5. No development shall commence until a written scheme of investigation setting out a programme of archaeological work in accordance with 'Standards for All Archaeological Work in County Durham and Darlington' has been submitted to and approved in writing by the Local Planning Authority. The programme of archaeological work will then be carried out in accordance with the approved scheme of works.

 

REASON - To safeguard any Archaeological Interest in the site, and to comply with part 16 of the National Planning Policy Framework. Required to be a pre-commencement condition as the archaeological investigation/mitigation must be devised prior to the development being implemented.

 

6. The development shall not be occupied until the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation. The provision made for analysis, publication and dissemination of results, and archive deposition, should be confirmed in writing to, and approved by, the Local Planning Authority.

 

REASON - To comply with Paragraph 199 of the NPPF, which requires the developer to record and advance understanding of the significance of heritage assets, and to ensure information gathered becomes publicly accessible.

 

7. Prior to the commencement of the development, a Road Safety Audit shall be carried out for all 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 interests of highway safety

 

8. Prior to the commencement of Phase 2 of the development to be carried by Darlington Borough Council, a site-specific Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following, unless the Local Planning Authority dispenses with any requirement[s] specifically and in writing:

 

a)    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 construction phase 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 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 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 in complete accordance with the approved Plan.

 

REASON – In the interests of highway safety and the general amenity of the area.

 

9. For each phase of development, prior to any homes hereby approved being completed above damp proof course level, a scheme of noise mitigation for the protection of the proposed residential accommodation from excessive road traffic and railway noise 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. The scheme shall include details of sound attenuation methods to be used and shall achieve noise levels of less than 35 dB(A) LAeq (16hour) in living rooms, less than 30 dB(A) LAeq (8 hour) in bedrooms, less than 55 dB(A) LAeq in external amenity space in gardens and individual noise events not to exceed 45 dB LAFmax in bedrooms. The noise measurements in the approved document “Noise Assessment Proposed Residential Development at Neasham Road, Darlington” (NJD18-0176-001/2R) dated December 2019 and produced by NJD Environmental Associates submitted with the application shall be used to demonstrate the suitability of the proposed noise mitigation scheme. The detailed noise mitigation scheme shall include the following:

 

a)    Details of the enhanced glazing specifications, acoustically attenuated ventilation or alternative means of ventilation and any works to be provided to the proposed residential properties to achieve internal and external noise levels as specified above.

 

b)    The details, design specification including drawings and location of any acoustic bund and/or fence to be installed to achieve the internal and external noise levels as specified above.

 

c)    A plan identifying the residential properties which require noise mitigation and the noise mitigation measures to be installed.

 

The development of the phase(s) to which the noise assessment and scheme of noise mitigation relates shall be completed in accordance with the approved scheme and retained and maintained thereafter for the duration of the development. All works required by the scheme to achieve the internal and external noise levels at a residential property shall be completed prior to the occupation of that particular property.

 

REASON – To safeguard the amenities of the future occupants

 

10. Prior to any building works commencing in ‘Area H’ as shown in drawing 3587OD15Rev.2 in FWS Report 3587OR04Rev03/June 2020 or at a time agreed in writing by the Local Planning Authority an addendum to the 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 for ‘Area H’. 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 – Area H of the site may be contaminated as a result of past or current uses and it has not been possible to investigate this area and draw up a suitable remediation strategy as part of the site investigations to date. Suitable remediation in this area is needed to ensure that risks from land contamination to the future uses of the land and neighbouring area 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 2019

 

11. 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.

 

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

 

12. 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

 

13. For each phase of the development 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 shall be submitted and agreed in writing with the Local Planning Authority within 2-months of completion of the development unless the Local Planning Authority dispenses with the requirement specifically and in writing.  The development site or agreed phase of the 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.

 

14. The highway and footpath infrastructure with associated bus stops within the site to facilitate the extension to the bus service shall be fully implemented to adoptable standard and available for use prior to the completion of the 100^th dwelling unless otherwise agreed in writing by the local planning authority

 

REASON - To ensure that a bus service can be operational within the development

 

15. 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. The provision will take the form of on-site provision in accordance with a scheme to be submitted and agreed in writing by the local planning authority. The scheme for the development as a whole or within each phase 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.

 

Unless otherwise agreed by the Local Planning Authority

 

REASON - To comply with Council Housing Policy.

 

16. The phase of the development to be carried out by Esh Homes and Phase 1 of the development to be carried by Darlington Borough Council shall not be carried out otherwise than in complete accordance with Construction Management Plan documents received 2 June 2020 unless otherwise agreed in writing by the local planning authority.

 

REASON – In the interests of highway safety and the general amenity of the area

 

17. For the avoidance of doubt, construction work, including deliveries, within each phase of development, 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 permission from the Local Planning Authority.

 

REASON - In the interests of the general amenity of the area

 

18. All works to breeding bird habitat should be completed outside of the bird breeding season (February until August) to avoid damage to active nests which are protected under the Wildlife and Countryside Act.  If works are to proceed during the bird breeding season, then a check of the impacted habitats for breeding birds should be undertaken prior to works commencing.

     REASON – In the interest of safeguarding bird habitats

19. If at any time a great crested newt is observed within the disturbed/working area, work should stop immediately and a suitably qualified ecologist shall be contacted immediately, in accordance with the submitted document “Great Crested Survey Report” (Dec 2019) produced by Penn Associates. A method statement for the transferral of any great crested newts and a re-survey of the works area to identify the presence of any other great crested newt shall be submitted to and approved by the local planning authority. The development shall not be carried out otherwise than in complete accordance with the approved details

 

REASON – In the interest of safeguarding great crested newts

 

20. The public lighting scheme shall be carried not be carried out otherwise in complete accordance with the details contained within the email from the Darlington Borough Council Street Lighting Engineer dated 29 April 2020 unless otherwise agreed in writing by the local planning authority

 

REASON - To safeguard habitats and protected species within the development site.

 

21. The Public Footpaths shown on Drawing Number QD1492-355-01 Rev I (PROPOSED PUBLIC RIGHTS OF WAY NEW & DIVERSION PLAN) shall be remain accessible throughout the construction phases of the development unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – To ensure that the footpaths remain safe and accessible to members of the public

 

22. The development hereby approved, shall not be carried out otherwise than in complete accordance with the measures contained within the approved documents “Arboricultural Impact Assessment for Trees at Neasham Road – Revision B” dated December 2019 and “Arboricultural Method Statement for Trees at Neasham Road, Darlington – Revision B” dated   December 2019 and produced by All About Trees unless otherwise agreed in writing by the local planning authority.

 

REASON – In the interests of the visual appearance of the development and the surrounding area.

 

23. The development hereby approved, shall not be carried out otherwise than in accordance with the measures contained the approved document Framework Travel Plan (107663-003 v7 ) dated 1 July 2020 and produced by SYSTRA unless otherwise agreed in writing by the Local Planning Authority

REASON – To encourage and promote the use of sustainable modes of transport

 

Outline Application

 

24. The approval of the Local Planning Authority shall be obtained with respect to the following reserved matters prior to the commencement of the development: -

 

a)    access

b)    appearance

c)    landscaping

d)    layout

e)    scale

 

Application for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

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

 

25. The development shall be begun two years from the final approval of the reserved matters referred to in condition (1) or, in the case of approval on different dates the final approval of the last such matter to be approved.

 

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

 

26. The planning application made pursuant to condition 24 shall not propose more than 144 dwellings.

 

REASON - For the avoidance of doubt

 

27. 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;

 

a)    Detailed design of the surface water management system; (for each phase of the development).

 

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

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

 

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.

 

28. The building hereby approved shall not be brought into use until:-

 

a)    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;

 

b)    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.

 

29. Prior to the commencement of the development, 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 interests of highway safety

 

30. Prior to the commencement of the development, precise details of the internal highways layout; site access junction; cycle parking provision and parking provision shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out otherwise than in complete accordance with the approved details.

 

REASON – In the interests of highway safety

 

31. Prior to the commencement of the development, a vehicle swept path analysis shall be 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

 

32. Prior to the commencement of the of the development, a site-specific Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following, unless the Local Planning Authority dispenses with any requirement[s] specifically and in writing:

 

a)    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 construction phase 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 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 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 in complete accordance with the approved Plan

 

REASON – In the interests of highway safety and the general amenity of the area

 

33. For the avoidance of doubt, construction work, including deliveries, within each phase of development, 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 permission from the Local Planning Authority.

 

REASON - In the interests of the general amenity of the area

 

34. 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. The provision will take the form of on-site provision in accordance with a scheme to be submitted and agreed in writing by the local planning authority. The scheme for the development as a whole or within each phase 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.

 

Unless otherwise agreed by the Local Planning Authority.

 

     REASON - To comply with Council Housing Policy.

35. 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.

 

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

 

36. 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

 

37. For the development, or each phase, 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 shall be submitted and agreed in writing with the Local Planning Authority within 2-months of completion of the development unless the Local Planning Authority dispenses with the requirement specifically and in writing.  The development site or agreed phase of the 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.

 

38. For the development, or each phase, prior to any homes hereby approved being completed above damp proof course level, a scheme of noise mitigation for the protection of the proposed residential accommodation from excessive road traffic and railway noise 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.The scheme shall include details of sound attenuation methods to be used and shall achieve noise levels of less than 35 dB(A) LAeq (16hour) in living rooms, less than 30 dB(A) LAeq (8 hour) in bedrooms, less than 55 dB(A) LAeq in external amenity space in gardens and individual noise events not to exceed 45 dB LAFmax in bedrooms. The noise measurements in the approved document “Noise Assessment Proposed Residential Development at Neasham Road, Darlington” (NJD18-0176-001/2R) dated December 2019 and produced by NJD Environmental Associates submitted with the application shall be used to demonstrate the suitability of the proposed noise mitigation scheme. The detailed noise mitigation scheme shall include the following:

 

a.    Details of the enhanced glazing specifications, acoustically attenuated ventilation or alternative means of ventilation and any works to be provided to the proposed residential properties to achieve internal and external noise levels as specified above.

 

b.    The details, design specification including drawings and location of any acoustic bund and/or fence to be installed to achieve the internal and external noise levels as specified above.

c.     A plan identifying the residential properties which require noise mitigation and the noise mitigation measures to be installed.

 

The development of the phase(s) to which the noise assessment and scheme of noise mitigation relates shall be completed in accordance with the approved scheme and retained and maintained thereafter for the duration of the development. All works required by the scheme to achieve the internal and external noise levels at a residential property shall be completed prior to the occupation of that particular property.

 

REASON – To safeguard the amenities of the future occupants

 

39. All works to breeding bird habitat should be completed outside of the bird breeding season (February until August) to avoid damage to active nests which are protected under the Wildlife and Countryside Act.  If works are to proceed during the bird breeding season, then a check of the impacted habitats for breeding birds should be undertaken prior to works commencing.

 

REASON – In the interest of safeguarding bird habitats

 

40. If at any time a great crested newt is observed within the disturbed/working area, work should stop immediately and a suitably qualified ecologist shall be contacted immediately, in accordance with the submitted document “Great Crested Survey Report” (Dec 2019) produced by Penn Associates. A method statement for the transferral of any great crested newts and a re-survey of the works area to identify the presence of any other great crested newt shall be submitted to and approved by the local planning authority. The development shall not be carried out otherwise than in complete accordance with the approved details

 

REASON – In the interest of safeguarding great crested newts

 

41. The Public Footpaths shown on Drawing Number QD1492-355-01 Rev I (PROPOSED PUBLIC RIGHTS OF WAY NEW & DIVERSION PLAN) shall be remain accessible throughout the construction phases of the development unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – To ensure that the footpaths remain safe and accessible to members of the public

 

42. The development hereby approved, shall not be carried out otherwise than in accordance with the measures contained the approved document Framework Travel Plan (107663-003 v7 ) dated 1 July 2020 and produced by SYSTRA unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – To encourage and promote the use of sustainable modes of transport.

 

43. The development hereby approved shall not be carried out otherwise than in complete accordance with the measures contained within the approved documents “Arboricultural Impact Assessment for Trees at Neasham Road – Revision B” dated December 2019 and “Arboricultural Method Statement for Trees at Neasham Road, Darlington – Revision B” dated   December 2019 and produced by All About Trees unless otherwise agreed in writing by the local planning authority.

 

REASON – In the interests of the visual appearance of the development and the surrounding area.

 

44.Prior to the occupation of the first dwelling, the infrastructure associated with connectivity of telephone lines and internet including trunking capacity shall be put in place.

 

REASON – To ensure that sufficient infrastructure is in place on site before the development is occupied in accordance with the requirements of the National Planning Policy Framework (NPPF) and to avoid any unnecessary disruption to residents following completion of the development.

 

(NOTE: Councillor Tait subsequently declared a non-pecuniary interest in Minute PA18 as an employee of a telecommunications company).