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:
- A3 – Three Years
(Implementation Limit)
- 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.
-
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.