NIFCO UK LIMITED, YARM ROAD, STOCKTON-ON-TEES
ERECTION OF A FOODSTORE (USE CLASS A1) AND ASSOCIATED WORKS INCLUDING PARKING AND LANDSCAPING.
RESOLVED that planning application 15/2447/FUL be approved subject to the following conditions and informatives;
01 The development hereby approved shall be in accordance with the following approved plan(s);
Plan Reference Number Date on Plan
A(90)EXP010 REV 3 2 October 2015
A(00)GAE001 REV 4 2 October 2015
A(00)GAP001 REV 4 2 October 2015
A(00)GAP002 REV 3 2 October 2015
A(90)EXP001 REV 3 2 October 2015
1301 REV C 2 October 2015
A(90)GAP003 REV 15 23 December 2015
A(90)GAP002 REV 20 23 December 2015
02 Notwithstanding any description of the materials in the application, precise details of the materials to be used in the construction of the external walls and roofs of the building(s) shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the external walls and roofs of the building(s).
Existing and Proposed Site levels;
03 Notwithstanding the information submitted as part of the application details of the existing and proposed site levels and finished floor levels shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development.
Soft landscaping and car parking details;
04 Notwithstanding the submitted information, a detailed car parking and planting scheme shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the car park to serve the hereby approved retail store. Such a scheme shall include details of the car parking layout and any trees to be retained and specify final tree/shrub types and species, stock size, numbers and densities. The approved car parking layout shall be constructed and completed to the reasonable satisfaction of the Local Planning Authority before the store is brought into use. The soft landscaping works shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of five years from the date of planting die, are removed, become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation.
05 Tree Assessment:
Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans (whichever is applicable) all trees on site and within 10m of its external boundary shall be indicated on the Site Survey Plan. These trees shall be assessed in accordance with BS5837:2005 Trees in Relation to Construction. The assessment should concur with the latest site plans and include for the following information:
a) A plan to scale and level of accuracy appropriate to the proposal showing the position of every tree on and adjacent to the site with a stem diameter over the bark measured at 1.5 metres above ground level at 75mm and all root protection areas.
b) A tree schedule as detailed in Ref. 4.2.6 BS5837:2005;
c) A schedule of all tree works specifying those to be removed, pruning and other remedial or preventative work.
d) Details of any ground level changes or excavations within 5 metres of the Root Protection Area (Para 5.2.2. of BS5837) of any tree to be retained including those on adjacent land.
e) A statement setting out long term future of the trees in terms of aesthetic quality and including post development pressure.
f) Details of any statutory of domestic services shall be designed in accordance with Volume 4: NJUG Guidelines For The Planning, Installation And Maintenance Of Utility Apparatus In Proximity To Trees (Issue 2) Operatives Handbook 19th November 2007
06 Tree Protection
No development shall commence until full details of proposed tree protection has been submitted to and approved in writing by the Local Planning Authority. Such protection shall comply with (Section 7, BS 5837:2005 and Volume 4: NJUG Guidelines For The Planning, Installation And Maintenance Of Utility Apparatus In Proximity To Trees (Issue 2) Operatives Handbook 19th November 2007 ). The requirements of Stockton on Tees Borough Council in relation to the British Standard are summarised in the technical note ref INFLS 1 (Tree Protection), which is available upon request.
Any such scheme agreed in writing by the Local Planning Authority shall be implemented prior to any equipment, machinery or materials being brought to site for use in the development and be maintained until all the equipment, machinery or surplus materials connected with the development have been removed from the site.
07 Prior to occupation of the hereby approved development a schedule of landscape maintenance for a minimum period of 5 years shall be submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation and be carried out in accordance with the approved schedule.
08 Prior to the occupation of the hereby approved store a scheme for all hard landscaping works shall be submitted to and be approved by the Local Planning Authority. The development shall be undertaken in accordance with the approved scheme and implemented in full prior to the development being brought into use.
09 All means of enclosure associated with the development hereby approved shall be in accordance with a scheme to be agreed with the Local Planning Authority prior to the occupation of the hereby approved store. Such means of enclosure as agreed shall be erected before the hereby approved store is brought into use.
10 Details of the external appearance of any lighting to the building and car park area, along with the colour and luminance level shall be submitted to and agreed in writing with the Local Planning Authority before such lighting is erected. The lighting shall be installed in accordance with the agreed details and be in place prior to occupation of the hereby approved car park.
11 Within 24 months of the completion and commencement of operations of the development hereby approved in the event of any complaint to the Council from Network Rail relating to signal sighting safety or driver distraction, upon notification to the local planning authority, the applicant or operator shall within 28 days submit for approval to the Council details of a scheme of remedial measures to address the concerns raised with details of a timescale for implementation of the works. The works shall be carried out in accordance with the approved details and timetable.
Demolition and Construction method Statements;
12 Prior to the commencement of any demolition or development, a method statement for both demolition of the existing buildings and construction of the retail store shall be submitted to and be approved in writing by the Local Planning Authority. Such a scheme shall include provisions for details of the methods of demolition; any excavations and earthworks to be carried out near the railway undertaker's boundary; provision for cranes or other mechanical plant working to be carried out in a "fail safe" manner or other suitable arrangements to secure the safety of the railway; and, the storage and security of materials. The hereby approved development shall be carried out in strict accordance with those agreed details during the demolition and construction of the building.
Armco Safety Barriers
13 A detailed scheme for the provision of Armco or similar barriers shall be submitted to and be approved in writing by the Local Planning Authority prior to the occupation of the hereby approved retail store. Such barriers shall be provided in turning area/roadway/car parking areas adjacent to the railway. The barriers shall be provided in accordance with those agreed details and be in situ ahead of the first use of those vehicle circulation areas.
Hours of demolition/construction Activity;
14 No construction/demolition activity or deliveries shall take place on the premises before 8.00 a.m. on weekdays and 8.30 am on Saturdays nor after 6.00 pm on weekdays and 1.00 pm on Saturdays (nor at any time on Sundays or Bank Holidays).
Construction Management Plan;
15 A Construction Management Plan shall be submitted and agreed in writing with the Local Planning Authority prior to the commencement of development. The construction plan shall detail the routing of all HGVs movements associated with the construction phases; set out how dust emissions and dirt from the site works will be controlled including earth moving activities, control and treatment of stock piles, wheel cleansing and sheeting of vehicles; show parking areas for use during construction; including measures to protect any existing footpaths and verges; and, offsite dust/odour monitoring and communication with local residents.
16 No development shall take place until the Local Planning Authority has approved in writing a report provided by the applicant identifying how the predicted CO2 emissions of the development will be reduced by at least 10% through the use of on-site renewable energy equipment. The carbon savings which result from this will be above and beyond what is required to comply with Part L Building Regulations. Before the development is occupied the renewable energy equipment shall have been installed and the local planning authority shall be satisfied that their day-to-day operation will provide energy for the development for so long as the development remains in existence.
17 Prior to the development being brought into use, a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. This shall include:
(i) the appointment of a travel co-ordinator
(ii) a partnership approach to influence travel behaviour
(iii) measures to encourage the use of alternative modes of transport other than the private car by persons associated with the site
(iv) provision of up-to-date details of public transport services
(v) continual appraisal of travel patterns and measures provided through the travel plan
(vi) improved safety for vulnerable road users
(vii) a reduction in all vehicle trips and mileage
(viii) a programme for the implementation of such measures and any proposed physical works
(ix) procedures for monitoring the uptake of such modes of transport and for providing evidence of compliance.
The approved Travel Plan shall be implemented and the development shall thereafter be carried out and operated in accordance with the approved Travel Plan.
Foul and Surface water drainage;
18 Development shall not commence until a detailed scheme for the disposal of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. Any surface water drainage scheme shall include details of discharge rates with sufficient storage within the system to accommodate a 1 in 30 year and a 1 in 100 year event without surcharging the drainage system or a watercourse; micro Drainage design files; and, any flow path of flood waters exiting the site as a result of a rainfall event exceeding the 1 in 100 year event. Thereafter the development shall take place in accordance with the approved details.
19 The hereby approved retail store shall not be open for business outside the hours 08:00- 22:00 Monday to Saturday and 10:00 to 16:00 on Sundays and Bank Holidays.
20 Before the development hereby approved is completed and occupied, details of a scheme for the servicing and receiving of deliveries including hours of operation shall be submitted to and approved in writing with the Local Planning Authority. Thereafter all servicing or deliveries to the store shall be in accordance with the agreed scheme unless otherwise agreed in writing with the Local Planning Authority.
21 The hereby approved premise shall be used only for A1 retail use and for no other purpose ( including any other purpose in Class A1 of the schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that class revoking or enacting that Order. The hereby approved premises shall have a maximum net retail floor space (net sales area) of 1,424sqm. In addition no more than 20% of the permitted retail floor area shall be used for the sale of comparison goods and the number of lines that shall be available for sale in the store at any one time shall not exceed 1,800. The hereby approved store shall also not include any post office, pharmacy, butcher or bakery other than the heating of pre-prepared products. For the purposes of this condition comparison goods are items not obtained on a frequent basis, including clothing, footwear, household and recreational goods.
22 The premises shall not be sub-divided into independent units without the prior written consent of the Local Planning Authority.
23 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1) A site investigation scheme, based on the submitted Dunelm preliminary investigation report (January 2015) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
2) The site investigation results and the detailed risk assessment (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
3) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.
24 All ecological mitigation measures within the Phase 1 Habitat Survey and Protected Species Assessment and Bat Survey, August 2015 shall be implemented in full in accordance with the advice and recommendations contained within the document.
INFORMATIVE OF REASON FOR PLANNING APPROVAL
Informative: Working Practices;
The Local Planning Authority has worked in a positive and proactive manner and sought solutions to problems arising in dealing with the planning application by gaining additional and revised information to assess the scheme and by the identification and imposition of appropriate planning condition.
Drainage from parking areas that will discharge to a surface watercourse must be first passed through an oil interceptor. Drainage to soakaway from car parking areas for greater than 50 spaces should be passed through an oil interceptor before discharging to ground
The Environmental Permitting Regulations make it an offence to cause or knowingly permit any discharge that will result in the input of pollutants to ground and/or surface waters.
All surface and foul water arising from the proposed works must be collected and diverted away from Network Rail property. In the absence of detailed plans all soakaways must be located so as to discharge away from the railway infrastructure. The following points need to be addressed:
1. There should be no increase to average or peak flows of surface water run off leading towards
Network Rail assets, including earthworks, bridges and culverts.
2. All surface water run off and sewage effluent should be handled in accordance with Local Council and Water Company regulations.
3. Attenuation should be included as necessary to protect the existing surface water drainage
systems from any increase in average or peak loadings due to normal and extreme rainfall events.
4. Attenuation ponds, next to the railway, should be designed by a competent specialist engineer
and should include adequate storm capacity and overflow arrangements such that there is no risk of flooding of the adjacent railway line during either normal or exceptional rainfall events.
It is expected that the preparation and implementation of a surface water drainage strategy addressing the above points will be conditioned as part of any approval.
Fail Safe Use of Crane and Plant
All operations, including the use of cranes or other mechanical plant working adjacent to Network
Rail's property, must at all times be carried out in a "fail safe" manner such that in the event of
mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the
nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead
electrical equipment or supports.
All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must be
designed and executed such that no interference with the integrity of that property/ structure can
occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Project Manager should be undertaken. Network Rail will not accept any liability for any settlement, disturbance or damage caused to any development by failure of the railway infrastructure nor for any noise or vibration arising from the normal use and/or maintenance of the operational railway. No right of support is given or can be claimed from Network Rails infrastructure or railway land.
Security of Mutual Boundary
Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network
Because of the nature of the proposed developments we consider that there will be an increased risk of trespass onto the railway. The Developer must provide a suitable trespass proof fence adjacent to Network Rail's boundary (minimum approx. 1.8m high) and make provision for its future maintenance and renewal. Network Rail's existing fencing / wall must not be removed or damaged.
Method Statements/Fail Safe/Possessions
Method statements may require to be submitted to Network Rail's Asset Protection Project Manager at the below address for approval prior to works commencing on site. This should include an outline of the proposed method of construction, risk assessment in relation to the railway and construction traffic management plan. Where appropriate an asset protection agreement will have to be entered into. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. "possession" which must be booked via Network Rail's Asset Protection Project Manager and are subject to a minimum prior notice period for booking of 20 weeks. Generally if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement should be submitted for NR approval.
Once planning permission has been granted and at least six weeks prior to works commencing on site the Asset Protection Project Manager (OPE) MUST be contacted, contact details as below. The OPE will require to see any method statements/drawings relating to any excavation, drainage, demolition, lighting and building work or any works to be carried out on site that may affect the safety, operation, integrity and access to the railway.
Any demolition or refurbishment works must not be carried out on the development site that may
endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures. The demolition of buildings or other structures near to the operational railway infrastructure must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from Network Rail's Asset Protection Project Manager before the development can commence.
Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning
Authority acting in consultation with the railway undertaker prior to the commencement of works
and the works shall only be carried out in accordance with the approved method statement
The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant's land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.
Where new lighting is to be erected adjacent to the operational railway the potential for train drivers to be dazzled must be eliminated. In addition the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.