Agenda item

21/00556/DC - Demolition of existing shops/warehouses at 13/18 Skinnergate and 2 Raby Terrace, erection of 6 no. three bed houses, 6 no. two bed three storey flats and 3 no. ground floor (Use Class E) units with 3 no. two storey flats over.  Renovation of 12 Skinnergate and adjoining extension to provide 1 no. (Use Class E) unit to ground floor and 1 no. two storey flat over, including demolition of existing extensions, landscaping and other associated works.

 

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Conservation Officer, Highways Engineer, Transport Policy Officer and Environmental Health Officer; the observations of Historic England and The Council for British Archaeology; the views of the Lead Local Flood Authority, Northumbrian Water and the Durham County Council Archaeology Team; three letters of objection received, and the views of one objector, whom the Committee heard).

 

RESOLVED – That Planning Permission be granted subject to the following conditions:

 

1.           A3 – Implementation Limit (Three Years)

 

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

 

a)           Drawing Number Z0-XX-DR-A-040001 P2 3D Views

b)          Drawing Number Z0-XX-DR-A-040002 P2 3D Views

c)           Drawing Number Z0-XX-DR-A-040003 P2 3D Views

d)          Drawing Number Z0-XX-DR-A-040004 P2 3D Views

e)           Drawing Number Z0-XX-DR-A-040005 P2 3D Views

f)            Drawing Number Z0-XX-DR-A-040006 P2 3D Views

g)           Drawing Number Z0-XX-DR-A-040007 P2 3D Views

h)          Drawing Number Z0-XX-DR-A-040008 P2 3D Views

i)            Drawing Number Z0-XX-DR-A-041001 P1 Photorealistic 3D View 01

j)            Drawing Number Z0-XX-DR-A-041002 P1 Photorealistic 3D View 02

k)           Drawing Number Z0-XX-DR-A-041003 P1 Photorealistic 3D View 03

l)            Drawing Number Z0-XX-DR-A-910003 S1 P2 Site Plan – Proposed

m)         Drawing Number Z0-00-DR-A-910001 S1 P2 Site Location Plan

n)          Drawing Number Z0-XX-DR-A-030002 S1 P2 General Arrangement Sections

o)          Drawing Number Z0-XX-DR-A-030001 S1 P2 General Arrangement Sections

p)          Drawing Number Z0-XX-DR-A-020102 S1 P2 General Arrangement Elevations

q)          Drawing Number Z0-XX-DR-A-020101 S1 P2 General Arrangement Elevations

r)           Drawing Number Z0-02-DR-A-010100 S1 P2 General Arrangement Plan - Second Floor

s)           Drawing Number Z0-01-DR-A-010100 S1 P2 General Arrangement Plan - First Floor

t)           Drawing Number Z0-00-DR-A-010100 S1 P2 General Arrangement Plan -Ground Floor

u)          Drawing Number 08313-BGP-00-ZZ-DR-C-52-00137 PO1 Contributing Impermeable Areas

v)           Drawing Number 08313-BGP-00-ZZ-DR-C-52-00135 PO1 Flow Control Manhole Detail S5

w)          Drawing Number 8313-BGP-00-ZZ-DR-C-52-00134 PO1 Attenuation Details

x)           Drawing Number 08313-BGP-00-ZZ-DR-C-52-00133 PO1 Manhole Schedule

y)           Drawing Number 08313-BGP-00-ZZ-DR-C-52-00132 P01 Drainage Details

z)           Drawing Number 08313-BGP-00-ZZ-DR-C-52-00131 PO1 Drainage Details

aa)        Drawing Number 08313-BGP-00-ZZ-DR-C-52-00130 PO1 Proposed Drainage Strategy

bb)        Drawing Number Z0-XX-DR-A-911003 S1 P1 Party Walls -Additional Surveys Required

cc)         Drawing Number Z0-XX-DR-A-911002 S1 P1 Party Wall Types

dd)        Drawing Number Z0-XX-DR-A-911001 S1 P1 - Site Demolitions and Party Walls

 

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

 

3.           No development shall commence on site until the Crime Prevention through Environmental design (CPtED) principles set out in the response from the

Durham Constabulary Crime Prevention Unit have been given full consideration by the developer. Precise details of measures that can be implemented within the approved development shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be carried out otherwise than in complete accordance with the approved details.

 

REASON - In order to achieve a satisfactory form of development in the interests of the general amenity of the area.

 

4.           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

 

5.           Prior to the commencement of the development, including any demolition works, a Demolition Management Plan and a Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority. The Plans shall include a method statement detailing the process of securing No 12 Skinnergate (Grade II listed building) and the dismantling of  the adjoining buildings; a dust action plan, the proposed hours of demolition and construction and deliveries, vehicle and pedestrian routes, road maintenance and signage, site parking, and material storage areas. The development shall not be carried out otherwise than in complete accordance with the approved details

 

REASON - In the interests of highway and pedestrian safety; the general amenity of the area and to protect the heritage asset during the demolition and construction phase of the development

 

6.           Notwithstanding condition 5 there shall be no use of mechanical tools for the demolition works around or directly adjoining No 12 Skinnergate (Grade II listed building)

 

REASON - To protect the heritage asset during the demolition phase of the development

 

7.           Prior to the commencement of the development, precise details of works within the public highway on Raby Terrace shall be submitted to and approved in writing by the Local Planning Authority. The details include footway works, dropped kerbs, tactile paving, and road markings and signage associated with residents parking. The development shall not be carried out otherwise than in complete accordance with the approved details

 

REASON - In the interests of highway safety

 

8.           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;

b)          A build program and timetable for the provision of the critical surface water drainage infrastructure;

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

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 2021

 

9.           CL2 - Phase 2 Site Investigation Strategy

 

10.        CL3 - Phase 2 Investigation Works

 

11.        CL4 - Phase 3 Remediation and Verification Strategy

 

12.        CL5 - Construction/Remediation works

 

13.        CL6 - Phase 4 Verification and Completion Report

 

14.        No buildings shall be built above damp proof course level, until full joinery details for all shop fronts (Scale 1:10 – 1:20) and all windows and doors (internal and external) (Scale 1:10 – 1:20) have been 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 the visual appearance of the development and the significance of the street scene and Town Centre Conservation Area

 

15.        No buildings shall be built above damp proof course level, until precise details of all materials to be used throughout the approved development (including samples where required) have been submitted to and approved in writing by the Local Planning Authority. The details shall include, but not be restricted to the materials and finishes for all dormer extensions; details of all means of enclosure; all brick types, brick bones, coursing and banding details, mortar and plaster mixes; roof tiles; rainwater goods; treatments of all dormers and bay windows; window materials designs and colour schemes; and details of render (including finishes and colour). The development shall not be carried out otherwise than in complete accordance with the approved details

 

REASON - In the interests of the visual appearance of the development and the significance of the street scene and Town Centre Conservation Area

 

16.        No buildings shall be built above damp proof course level, until a scheme for all hard and soft landscaping, including planting schemes and floor levels for the site have been 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 the visual appearance of the development and to ensure safe, convenient and attractive access for pedestrians and disabled persons.

 

17.        No buildings shall be built above damp proof course level, until a scheme of proposals for reducing carbon emissions has been submitted to and approved in writing by the Local Planning Authority. The scheme shall consider measures such as solar water heaters; photovoltaic panels; low carbon boilers underfloor heating and air source heat pumps and the development shall not be carried out otherwise than in complete accordance with the approved details

 

REASON - To achieve a satisfactory form of development in the interests of climate change.

 

18.        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 205 of the National Planning Policy Framework 2021, which requires the developer to record and advance understanding of the significance of heritage assets, and to ensure information gathered becomes publicly accessible.

 

19.        Prior to the occupation of the development, precise details of a scheme to provide an historic interpretation of No 2 Raby Terrace 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 - To provide a record of the non-designated heritage asset

 

20.        Prior to the occupation of the dwellings hereby approved, details of the glazing and ventilation strategy to meet the requirements of Table 1 in the Apex Acoustics Report 8886.1A submitted with the application shall be provided to and agreed in writing with the Local Planning Authority. The agreed specification for glazing and ventilation shall be fitted into the dwellings hereby approved prior to their occupation and shall be retained and maintained thereafter for the lifetime of development.

 

REASON - In the interest of protecting the amenities of the future occupants of the development

 

21.        Prior to the occupation of the any dwellings with a commercial element on the ground floor and a residential element to the floor above hereby approved, details of the specification of the floor construction between the two elements shall be submitted to and agreed in writing with the Local Planning Authority. The specification must satisfy the requirements of Table 11 of the Apex Acoustics Report 8886.1A submitted with the application, suggested construction methods are also provided in this report. The agreed specification for flooring shall be fitted into the dwellings hereby approved prior to their occupation and shall be retained and maintained thereafter for the lifetime of development.

 

REASON - In the interest of protecting the amenities of the future occupants of the development

 

22.        Prior to the occupation of the development, precise details of 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 and the parking and storage arrangements shall be retained and maintained thereafter for the lifetime of development.

 

REASON - In the interests of promoting sustainable modes of transport

 

23.        A Level 3 Recording (in accordance with guidance contained within the Historic England document “Understanding Historic Buildings - A Guide to Good Recording Practice”) shall be carried for No 2 Raby Terrace prior to the demolition of the building. Copies of the Recording shall be deposited at the County Durham Historic Environment Record, and archiving required as part of the mitigation strategy shall be deposited at an agreed repository. This may include full analysis and final publication.

 

REASON - To comply with paragraph 205 of National Planning Policy Framework 2019 to ensure that the developer records and advances understanding of the significance of the heritage asset to be lost (wholly or in part) in a manner proportionate to its importance and the impact, and to make this evidence (and any archive generated) publicly accessible.

 

24.        Prior to the commencement of the development precise details showing the removal of the existing vehicular access on Raby Terrace, and the reinstatement of footways shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON - In the interests of highway and pedestrian safety

 

25.        The development shall not be carried out otherwise than in complete accordance with the approved Flood Risk Assessment (FRA) & Drainage Philosophy dated 28th April 2021 and the following mitigation measures detailed within the FRA

 

a)           Discharge to NW combined sewer restricted to 5 l/s

b)          60m3 of storage provided

 

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.

 

26.        The buildings 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 is in place for the lifetime of the development.

 

27.        Development shall be implemented in line with the drainage scheme contained within the approved Flood Risk Assessment (FRA) & Drainage Philosophy dated 28th April 2021. The drainage scheme shall ensure that foul and surface water flows discharge to the combined sewer at manhole 7402. The surface water discharge rate shall not exceed the available capacity of 5 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 National Planning Policy Framework 2021

 

28.        The development shall not be carried out otherwise than in complete accordance with the mitigation and compensation measures set out in the document entitled “Bat Survey Report: St Mary’s Association Club, former Argos building and adjoining structures, Skinnergate, Darlington” produced by Barrett Environmental Limited dated June 2020 unless otherwise agreed in writing by the Local Planning Authority

REASON - In the interest of biodiversity enhancement.

 

29.        The commercial units shown on the approved plans, shall be used for retail purposes (Class E) purposes only as set out within the schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or any Order revoking or re-enacting that Order) and for no other purpose or purposes whatsoever, including other purposes within Class E without express planning consent of the local planning authority.

 

REASON - To ensure that the local planning authority retails control over the future uses of the units in the interests of safeguarding the amenities of the area and the occupants of the residential development.