Agenda item

22/00423/FUL- Industrial development comprising of the erection of 3 no. industrial buildings of Class B2 and/or B8 use (industrial, storage and distribution) with ancillary office space, access, gatehouse, landscaping, parking, service areas and associated works (Archaeological Watching Brief received 19th May 2022) (Gas Addendum received 15th June 2022) (Phase 2 Ground Investigation Report received 27th June 2022) (Deposit Model and Impact Assessment received 11th July 2022) (Additional external lighting information received 29th July 2022).

 

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highway Engineer, the Environmental Health Officer, the Lead Local Flood Authority, the Council’s Ecology Officer, the Council’s Rights of Way Officer, the Transport Policy Team, National Highways, three letters of objection received, and the views of the Applicant whom the Committee heard).

 

RESOLVED – That, subject to the satisfactory completion and signing of a 106 Agreement, Planning Permission be granted subject to the following conditions:

 

1.      A3 Implementation Limit (3 years)

 

2.      The development hereby permitted shall be carried out in accordance with the approved plan(s) as detailed below:

 

17475-(P)121N  Proposed masterplan

17475-(P)123  Unit 1 GA Plans

17475-(P)124 Unit 1 Elevations

17475-(P)125 Unit 1 Roof Plan

17475-(P)127 Unit 2 GA Plans

17475-(P)128 Unit 2 Elevations

17475-(P)129 Unit 2 Roof Plan

17475-(P)131  Unit 3 GA Plans

17475-(P)132 Unit 3 Elevations

17475-(P)133 Unit 3 Roof Plan

17475-(P)135A Proposed bin store

17475-(P)136B Proposed cycle shelter

17475-(P)137  Proposed substation details

17475-(P)138   Fencing details

17475-(P)139 Existing and proposed site sections

17475-(P)140 Proposed gate house

17475-VL-L01D_  Landscape masterplan

17475-VL-L02D_Landscape Plan 1 of 3

17475-VL-L03D_ Landscape Plan 2 of 3

17475-VL-L04D_  Landscape Plan 3 of 3

All internal arrangements shown on layout plans are for illustrative purposes only.

 

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

 

3.      The submitted landscaping scheme shall be fully implemented within the first planting season following the occupation of the building to which it relates, or within such extended period which may be agreed in writing by, the Local Planning Authority and thereafter any trees or shrubs removed, dying, severely damaged or becoming seriously diseased shall be replaced (within 5 years of planting) shall be replaced and the landscaping scheme maintained for a period of five years. 

 

REASON - In the interests of the visual amenities of the area and to provide on-site biodiversity enhancements.

 

4.      The development hereby approved shall not be commenced on site, until a scheme for ‘the implementation, maintenance and management of the 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 program and timetable for the provision of the 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 site or surrounding area, in accordance with the Local Plan and the National Planning Policy Framework.

 

5.      The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) & Drainage Strategy dated Issue P05 Dated April 2022 and the following mitigation measures detailed within the FRA  Surface water discharge to Lingfield Beck restricted to 22.8l/s

 

The mitigation measures shall be fully implemented prior to the occupation of buildings 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.

 

6.      The building(s) 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. A robust management and maintenance plan of the approved Surface Water Drainage scheme which includes maintenance of the adjacent watercourse 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.

 

7.      Prior to the commencement of the development, a Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority. The Plan shall include the vehicle and pedestrian routes, road maintenance, site compound and signage. The development shall not be carried out otherwise than in complete accordance with the approved details.

 

REASON - In the interests of highway safety.

 

8.      No construction or demolition activities, including the use of plant and machinery, as well as deliveries to and from the site, shall take place outside the hours of 08.00-18.00 Monday to Friday, 08.00-14.00 Saturday with no activities on Sunday or Bank/Public Holidays without the prior written permission of the Local Planning Authority.

 

REASON – In the interests of residential amenity.

 

9.      Prior to the occupation of any building, full and precise details of an off-road pedestrian and cycleway link from the south of the site to existing footway & cycleway infrastructure Located on Lingfield Way shall be submitted for approval. Details shall include a shared footway/cycleway of a minimum of 3.0m wide with appropriate kerbing, signage, and tactile paving.  The agreed scheme shall be constructed prior to occupation of the first unit unless otherwise agreed in writing with the Local Planning Authority.

 

REASON - In the interests of highway safety and in order to promote the use of public and sustainable modes of transport.

 

10.  Prior to occupation of any buildings, full and precise details of the proposed pedestrian and cycleway links (As drawing ‘PROPOSED MASTERPLAN 17475-(P) 121 REV N’) from the Eastpoint Rd roundabout to the existing Bus Stop on Tornado Way shall be submitted for approval. The agreed scheme shall be constructed prior to occupation of the first unit unless otherwise agreed in writing with the Local Planning Authority.

 

REASON - In the interests of highway safety and in order to promote the use of public and sustainable modes of transport.

 

11.  The proposed internal footway & cycleway link though the site from the site access at Eastpoint Rd roundabout to Lingfield Way shall be completed prior to occupation of the first building unless otherwise agreed in writing with the Local Planning Authority and shall be kept open to the public thereafter other than when temporarily closed for essential maintenance purposes.

 

REASON - In the interests of highway safety and in order to promote the use of public and sustainable modes of transport.

 

12.  The rating level of noise emitted from external fixed plant hereby approved whether operating individually, or when all plant is operating simultaneously, shall be at least 5 dB below the background noise level at all nearby noise sensitive receptors, when measured and assessed in accordance with BS4142:2014+A1:2019. The background noise level to be used shall be agreed in advance of the assessment in writing with the Local Planning Authority. Any noise mitigation measures required to achieve this level shall be installed by the applicant and thereafter retained and maintained for the lifetime of the development.

 

REASON – In the interests of residential amenity.

 

13.  Prior to the occupation of any building, details of cycle parking and storage shall be submitted to, and approved in writing by, the Local Planning Authority.  Thereafter the cycle parking / storage shall be in place prior to the occupation of any building in accordance with the approved details.

 

REASON – To encourage and enable users to access the site using sustainable means of transport. 

 

14.  Prior to any building hereby approved being brought into a use within the B2 Use Class  (as set out in the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) evidence shall be provided that the level of parking within the curtilage of that unit is appropriate to meet the anticipated parking demands of the intended occupier. That evidence shall be submitted to and approved by the local planning authority. In the event that it is deemed necessary to increase parking in order to avoid parking displacement onto the public highway, details of additional parking within the curtilage of the unit shall be provided to the local planning authority for approval and thereafter provided prior to the occupation of the unit by the B2 use.  

 

REASON – To ensure adequate parking to serve the development in accordance with Policy IN4 of the Darlington Local Plan 2016-2036.

 

15.  The EV Charging points associated with each building shall be in place prior to the relevant building being brought into use and shall be retained thereafter.

 

REASON – To ensure provision of EV charging infrastructure in accordance with Policy IN4.

 

16.  Prior to the first occupation of any building hereby permitted, a Statement shall have been submitted to and approved by the local planning authority detailing the measures necessary for providing broadband connectivity including ducts to each premises within the development hereby approved, unless otherwise agreed in writing by the local planning authority.  The approved infrastructure shall be laid out in accordance with the agreed details at the same time as other services during the construction process and be available for use on the first occupation of each building unless otherwise agreed in writing by the local planning authority.

 

REASON - To ensure that the development is provided with high quality broadband services enhancing its attractiveness, in accordance with Policy IN8 of the Local Plan.

 

17.  The proposed bund to the south western corner of the site, as detailed in drawing number: 17475(P)-121N shall be in place prior to the occupation of Unit 3 and shall be retained as such thereafter.

 

REASON – In the interests of residential amenity.

 

18.  Within 12 months of the commencement of the development a Biodiversity Gains Plan shall be submitted to the Local Planning Authority which incorporates the approach and commitments set out in the submitted Framework Biodiversity Gains Plan and which demonstrates the viability and feasibility of providing net gain in biodiversity either on site or off-site equivalent to more than 43.87BDU. All of the above shall apply, unless otherwise is agreed in writing with the Local Planning Authority.

 

REASON – To provide biodiversity net gain in accordance with policy ENV8 and the NPPF.

 

19.  The development shall be carried out in accordance with the recommendations contained within the submitted ‘Habitat Survey and Assessment – Fabric – Industrial Park development, Tornado Way, Darlington’ (INCA April 2022).

REASON – In the interests of ecology.

 

20.  The development shall not be carried out otherwise than accordance with the recommendations set out in the submitted ‘Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Protection Plan’ (Ref ARB/AE/2712, Elliott Consultancy Limited, April 2022) unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – To ensure the necessary protection to retained trees in the interests of visual amenity and ecology.

 

21.  Following occupation, the submitted Travel Plan having already achieved the Green Standard accreditation (ModeshiftStars Community / Modeshift Stars Business) should reach the ongoing required standards as laid out in the DBC Travel Plan Guidance document and shall be continued thereafter in accordance with the details therein.

 

REASON - To reduce single occupancy car travel and to encourage and promote sustainable transport.

 

22.  Prior to the construction of any buildings, full details of the proposed finished floor levels shall be submitted to the Local Planning Authority for its written approval. Thereafter, the development shall be carried out in accordance with the approved detail.

 

REASON – In order that the Local Planning Authority may be satisfied as to the details of the development. 

 

23.  Prior to the installation of the ‘ Landlord Kiosk(s)’ and ‘Gas Kiosk(s)’ as shown on the 17475-(P)121N Proposed masterplan, full details of these structures shall be submitted to the Local Planning Authority for its written approval.  Thereafter the development shall be carried out in accordance with the approved details. 

 

REASON – In order that the Local Planning Authority may be satisfied as to the details of the development.

 

(Should the 106 Agreement not be completed within the prescribed period without written consent of the Council to extend this time, the minded to approve 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 Darlington Local Plan 2016-2036, without any further reference to the Planning Applications Committee).