Agenda item

Five Acres, Lime Lane, Brafferton

Minutes:

21/00753/FUL – Change of use of agricultural land to land to be used as community garden for post 16 yr school leavers with learning difficulties comprising of new vehicle access together with 1 no. day centre/barn with plant room, 3 no. polytunnels, raised walkways and decking, car parking, cycle storage, community and sensory gardens, animal areas with stable block and feed shed and other associated works (additional ecology information received 13 January 2022; amended Design and Access Statement; amended and additional plans received 16 March and 27 April 2022).

 

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), a total of 72 letters of support, a total of 4 letters of objection received, the advice provided by the Council’s Transport Policy Officer, the views of the Architectural Liaison Officer from Durham Constabulary, and the views of the Applicant, the Applicant’s Agent and one Supporter, whom the Committee heard).

 

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

 

  1. A3 – Three Years (Implementation Limit)

 

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

 

(a)    Drawing Number 21-010_X_SP (00) 01_XX Rev E Proposed Site Layout

(b)   Drawing Number 21-010_X_GP (00) 03_XX Proposed Day Care Centre/Barn & Plant Plan & Elevations

(c)    Drawing Number 21-010_X_GP (00) 04_XX Proposed Polytunnel Plans and Elevations

(d)   Drawing Number 21-010_X_GP (00) 05_XX Proposed Stable Plan and Elevations

(e)   Drawing Number 21-010_X_GP (00) 06_XX Proposed Feed Store Plan and Elevations

(f)     Drawing Number 21-010_X_GP (00) 07_XX Rev A Proposed Raised Walkway

(g)    Drawing Number 21-010_X_GP (00) 08_XX Rev A Proposed Livestock/Trespass Fencing

 

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

 

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

 

(a)    Hours of construction and deliveries

(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 construction" February 2014.

(c)    Methods for controlling noise and vibration during the demolition and construction phase and shall take account of the guidance contained within

a.      BS5228 "Code of Practice for noise and vibration control on construction and open sites".

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

(e)   Details of wheel washing.

(f)     Road Maintenance.

(g)    Warning signage.

(h)   Submission of evidence that consultation with the Asset Protection Project Manager at Network Rail has been carried out and a construction methodology has been agreed with Network Rail

 

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

 

REASON - In the interests of highway safety; amenity and railway line safety.

 

  1. Prior to the commencement of the development, a detailed drainage strategy plan shall be submitted to and approved in writing by the Local Planning Authority . The strategy must also ensure that surface water flows away from the adjacent East Coast Main Line railway; with no ponding of water taking place adjacent to the boundary and any attenuation schemes within 30m of the railway boundary must be approved by Network Rail. There must be no connection to existing railway drainage assets without prior agreement of Network Rail.  The development shall not be carried out otherwise than in complete accordance with the approved Plan.

 

REASON - In the interests of preventing flood risk and the safety of the East Coast Main Line railway.

 

  1. The use hereby approved shall not operate outside the hours of Monday to Friday 0800 to 1800; Saturday 0900 to 1800 and Sundays and Bank Holidays 1000 to 1600 unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

  1. Prior to the commencement of the development hereby approved, a scheme to protect the existing trees shown within the submitted Arboricultural Impact Assessment to be retained shall be implemented on site. The scheme shall comprise generally the specification laid down within BS 5837 2012 and shall include fencing of at least 2.3m high, consisting of a scaffolding frame braced to resist impacts, supported by a weldmesh wired to the uprights and horizontals to dissuade encroachment. The fencing shall be erected along the root protection areas shown on Drawing Number Any0_Lime Lane_AIA.1DRAFT (Appendix 1 of the submitted Arboricultural Impact Assessment produced by Dendra).  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 the 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 that a maximum level of protection in order to safeguard the well being of the trees on the site and in the interests of the visual amenities of the area.

 

  1. Prior to the commencement of the use, precise details for any external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. Any lighting scheme shall be carried out having full regard to Section 5.4.3 of the document entitled “Preliminary Ecological Appraisal of: Land to south of Lime Lane BraffertonDarlington” produced by Dendra Consulting Limited and dated April 2021 unless otherwise agreed in writing by the Local Planning Authority

 

REASON - In the interests of the visual appearance of the development and biodiversity of the site.

 

  1. Prior to the commence of the use, precise details of the cycle parking and motor vehicle parking shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the number and dimensions of vehicle parking spaces, the number and location of accessible parking spaces and details of cycle parking provision which accords with guidance contained within Cycle Infrastructure Design – Local Transport Note 1/20 dated July 2020. The agreed details shall be fully completed and available for use prior to the commencement of the use and retained thereafter for the lifetime of the development.

REASON - In the interest highway safety; securing accessible parking spaces and encouraging the use of sustainable modes of transport.

 

  1. Notwithstanding the details shown on the approved plans and prior to the commencement of the use, precise details of the livestock/trespass fencing shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the materials, colour scheme, depth of fence posts and confirmation that the fencing will not prevent access to land in the ownership of Network Rail and National Highways for maintenance purposes. The development shall not be carried out otherwise than in complete accordance with the approved plans and the fencing shall be erected prior to the commencement of the use and retained thereafter for the lifetime of the development.

 

REASON - In the interests of the safety of occupants of the site, to allow continued unrestricted access to adjacent landowners and in the interests of the visual appearance of the site and local area.

 

  1. Notwithstanding the details shown on the approved plans and prior to the commencement of the use, precise details of all other means of enclosure in and around the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the location, design and materials, colour scheme, depth of fence posts. The development shall not be carried out otherwise than in complete accordance with the approved plans and the fencing shall be erected prior to the commencement of the use and retained thereafter for the lifetime of the development

 

REASON - In the interests of the visual appearance of the site and local area.

 

  1. The development shall not be carried out otherwise than in approved accordance with the document entitled “Preliminary Ecological Appraisal of: Land to south of Lime Lane BraffertonDarlington” produced by Dendra Consulting Limited and dated April 2021 and the further information and guidance, including the “Biodiversity Metric 3:0 Lime Lane” spreadsheet also produced by Dendra Consulting Limited dated 13 January 2022 unless otherwise agreed in writing by the Local Planning Authority.

 

REASON - In the interests of the visual appearance of the development and biodiversity of the site.

 

  1. Prior to the commencement of the development, precise details of a scheme for the storage and disposal of waste shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out otherwise than in accordance with the approved details. The agreed scheme shall be fully implemented and available for use prior to the commencement of the use.

 

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

 

  1. Prior to the commencement of the use, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority in consultation with Network Rail. The scheme shall have full regard to the document entitled “Preliminary Ecological Appraisal of: Land to south of Lime Lane BraffertonDarlington” produced by Dendra Consulting Limited and dated April 2021 and the further information and guidance, including the “Biodiversity Metric 3:0 Lime Lane” spreadsheet also produced by Dendra Consulting Limited dated 13 January 2022. Any planting and landscaping scheme should not impact on operational railway safety with any trees and shrubs planted adjacent to the boundary positioned a minimum distance greater than their height at maturity from the boundary and within no broad leaf deciduous species planted adjacent to the railway boundary. Any hedge planted adjacent to the railway boundary for screening purposes should be placed so that when fully grown, it does not damage the fencing, provide a means of scaling it or prevents Network Rail from maintaining its boundary fencing. The development should not be carried out otherwise than in complete accordance with the approved details.

 

REASON - In the interests of the visual appearance of the development, biodiversity net gain and the safety of the East Coast Main Line railway.

 

  1. Prior to the commencement of the use a 30 Year Biodiversity and Landscape Management plan for the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be implemented otherwise than in complete accordance with the agreed Plan.

 

REASON - In the interests of the visual appearance of the development and biodiversity net gain.

 

  1. The access and visibility work as shown on Drawing Number 21-010_X_SP (00)05_XX) (Proposed - Access & Visibility) must be fully completed prior to the commencement of the use and retained thereafter for the lifetime of the development.

 

REASON - In the interests of highway safety.

 

  1. Notwithstanding the details shown on Drawing Number  21-010_X_SP(00)05_XX ) (Proposed - Access & Visibility) the first 12m of the internal access road, measured back from the carriageway edge shall be formed in a sealed material and the access gates shall not open outward over the public highway.

 

REASON - In the interests of highway safety.

 

 

 

Supporting documents: