14/0637/FUL LAND SOUTH OF KIRK HILL, CARLTON VILLAGE, CARLTON CONSTRUCTION OF 36 RESIDENTIAL DWELLINGS COMPRISING 13 AFFORDABLE DWELLINGS AND 23 OPEN MARKET DWELLINGS WITH ASSOCIATED INFRASTRUCTURE AND LANDSCAPING.
RESOLVED that planning application 14/0637/REV be approved subject to the following conditions and informatives and subject to the applicant entering into a Section 106 Agreement in accordance with Heads of Terms below. Should the Section 106 Agreement not be signed by 22nd August 2014 or any other date as agreed by the Head of Planning then the application should be refused due to lack of adequate provisions in respect to the details listed within the Heads of Terms.
1. Approved Plans The development hereby approved shall be in accordance with the following approved plan(s); Plan Reference Number Date on Plan RES/341 Rev 2 Location Plan 11 March 2014 RES/341 REV 24 Site Plan 23 July 2014 RES/341 200.03 Rev 12 Boundary Treatment 23 July 2014 C1112-01 Rev Landscaping Plan 23 July 2014 RES/341 400.04 Rev 1 Chestnut Type 23 July 2014 RES/341 400.15 Rev 1 Spruce Type B 23 July 2014 RES/341 400.16 Rev 1 Sage Type B 23 July 2014 RES/341 400.14 Rev 1 Sycamore Type B 23 July 2014 RES/341 400.09 Rev 2 Spruce 23 July 2014 RES/341 400.05 Rev 1 Elm 23 July 2014 RES/341 400.06 Rev 1 Elm - Render 23 July 2014 RES/341 400.07 Rev 1 Ash 1 bed 23 July 2014 RES/341 400.10 Rev 1 Elder 23 July 2014 RES/341 400.13 Rev 1 Fern 2 bed 23 July 2014 CONDITIONS TO BE DISCHARGED PRIOR TO COMMENCEMENT (INCLUDING VARIOUS PHASES) 2. Materials Notwithstanding the submitted details in the application the external walls and roofs shall not be commenced until precise details of the materials to be used in the construction of the external walls and roofs of the building(s) including any details of render and finish have been approved in writing by the Local Planning Authority. Work shall be carried out in accordance with the approved details. 3. Street Furniture / Lighting Development shall not be commenced until details of the street furniture, lighting columns, light colour and luminance have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. 4. Landscaping - hardworks Notwithstanding the proposals detailed in the Design and Access Statement / submitted plans no hard landscaping works (excluding base course for access roads and car park) shall commence until full details of proposed hard landscaping has been submitted to and approved in writing by the Local Planning Authority. This will include all external finishing materials, finished levels, and all construction details confirming materials, colours, finishes and fixings. The scheme shall be completed to the satisfaction of the Local Planning Authority according to the approved details within a period of 12 months from the date on which the development commenced or prior to the occupation of any part of the development. Any defects in materials or workmanship appearing within a period of 12 months from completion of the total development shall be made-good by the owner as soon as practicably possible. 5. Maintenance Plan - Landscaping No built development shall take place until a hard and soft landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space, landscape areas and buffer planting,(other than small privately owned domestic gardens), shall be submitted to and approved by the Local Planning Authority prior to the commencement of that phase of the development, Landscape maintenance shall be detailed for the initial 5-year establishment period followed by a long-term management plan for a period of 20 years. The landscape management plan shall be carried out as approved. 6. Construction Management Plan The construction works associated with the development hereby approved shall be undertaken in accordance with a Construction Management Plan which has first been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include, but not be restricted to; Access proposals (including HGV routes) and HGV trip profile; Details of staff parking proposals during construction; Hours of construction; and Appropriate mitigation measures. The development shall be undertaken in accordance with the Construction Management Plan. 7. Land contamination Prior to development commencing on site, the potential risk from contamination ought to be identified through an investigation and risk assessment, in addition to any assessment provided with the planning application, and must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwater and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 8. Surface Water Drainage Surface water discharge from this site shall be flow regulated so it does not to exacerbate flooding problems elsewhere in the catchment, therefore, final details of an appropriate surface water drainage solution should be submitted to and approved by the local authority before any construction works can commence. Discharge rates from the site will be restricted to the existing greenfield runoff rates. The drainage design must have sufficient storage within the system to accommodate a 1 in 30 year storm. The design of the site shall ensure that storm water resulting from a1 in 100 year event plus climate change surcharging the drainage system can be stored in site without risk to people or property and without overflowing into drains or watercourse. Mirco Drainage design files (mdx files) are required to be submitted for approval. The flow paths for the 1 in 100 year flooding is required to identify where flooding may occur. CONDITIONS TO BE DISCHARGED PRIOR TO OCCUPATION 9. Verification Report - Land Contamination Prior to occupation a verification report demonstrating completion of the works set out in the approved remediation strategy (if required) and the effectiveness of the remediation shall be submitted to and approved in writing by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages maintenance and arrangements for contingency action as identified in the verification plan and for the reporting of this to the local planning authority. 10. Renewables or Fabric First No development shall take place until the Local Planning Authority has approved 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 or design efficiencies. 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 or design efficiency measures 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. CONDITIONS TO BE IMPLEMENTED 11. Flood Risk Assessment The development permitted by this planning permission shall only be carried out in completes accordance with the approved Flood Risk Assessment MD0811/rep/001 Rev B including the following mitigation measures detailed within the Flood Risk Assessment: limiting the surface water run-off generated by the impermeable areas of the site to the existing greenfield run off rate so it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. The discharge rate shall be restricted to 5 l/s as outlined in section 2.4 following the calculation of greenfield run off rates based on the developable area of 1.4 ha. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. 12. Code 4 Construction The dwellings hereby approved shall achieve a minimum of Level 4 of the Code for Sustainable Homes unless otherwise agreed in writing with the Local Planning Authority or any other equivalent Building Regulation rating at the time of the commencement of works. 13 Ecology The development shall be carried out in strict accordance with the recommendations as detailed within the submitted Ecology Habitat and Protected Species Risk Assessment dated March 2014. 14. Tree Protection All trees to be retained within and on the boundaries of the site shall be protected in accordance with the requirements BS 5837:2012 Trees in relation to design, demolition and construction. 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). 15. Landscaping Notwithstanding the submitted landscaping plan C1112-01 received on the 23 July 2014, a tree size of 16-18cm girth must be used for the Lime trees that form an avenue into the estate. CONDITIONS TO REMAIN IN PERPURTUITY 16. Affordable Housing Notwithstanding the details hereby approved, the 13 dwellings as identified on the approved plan RES/341 Rev 24 shall be affordable housing, of the type and design as detailed on the plan. Properties shall remain as such in perpetuity unless an alternative method of affordable provision is agreed in writing by the Local Planning Authority. 17. Removal of permitted development rights for extensions Notwithstanding the provisions of classes A, B, C, D & E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (No.2) (England) Order 2008 (or any order revoking and re-enacting that Order), the buildings hereby approved shall not be extended or altered in any way, nor any ancillary buildings erected within the curtilage without the written approval of the Local Planning Authority. 18. Removal of permitted development rights for boundary treatments to the front of properties Notwithstanding the provisions of class A of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), other than as shown on the approved plans there shall be no walls, fences, railings or other form of boundary enclosures erected between any point taken in line with the properties front and / or side elevation and a public highway or public footpath adjacent to the properties boundary without the written approval of the Local Planning Authority. OTHER CONDITIONS 19. Landscaping The landscaping scheme as shown on plan C1112-01 received on the 23 July 2014 shall be completed unless otherwise agreed with the local planning authority in writing 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 prior attained size and species unless the Local Planning Authority gives written consent to any variation. 20. Construction Noise All construction operations including delivery of materials on site shall be restricted to 8.00 a.m. - 6.00 p.m on weekdays, 9.00 a.m. - 1.00 p.m. on a Saturday and no Sunday or Bank Holiday working. 21. Unexpected Land Contamination If during the course of development of any particular phase of the development, contamination not previously identified is found to be present, then no further development on that phase shall be carried out until the developer has submitted to, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be carried out as approved. INFORMATIVES Informative 1: National Planning Policy Framework The Local Planning Authority has implemented the requirements of the National Planning Policy Framework. Informative 2: Contact Northern Gas Networks Northern Gas Networks have advised that the developer contact them with regard to Gas Apparatus in the area. The Local Planning Authority has implemented the requirements of the National Planning Policy Framework. Informative 3: The Head of Technical Services Section 278 Agreement: A bus stop and shelter needs relocating to maintain the visibility splay. The changes to the bus stop would need to be agreed with the bus operators and the Highway Authority as part of the Section 278 Agreement to deliver the access works and all costs for relocating the bus stop would have to be met by the applicant. Sustainable Travel: The quantum of development on this site does not warrant a Travel Plan. However, it is recommended that the developer provides welcome parks for new occupants which provides details of sustainable travel options (bus timetables/cycle route map) to encourage sustainable travel behaviour from the outset of the development. Construction of highways for new developments: Where a development involves works requiring either improvement or alteration to the existing highway, the Developer may be required to enter into an agreement with the Council as Highway Authority under Section 278 of the Highways Act 1980. This requirement often occurs as a condition on the grant of planning permission. As part of the new Development you may wish the Council to adopt highways (including carriageways, footways, verges, cycleways, highway drainage and street lighting) which would then be maintainable at public expense. In order to achieve this you would be required to enter into an agreement with the Council as Highway Authority under Section 38 of the Highways Act 1980. The Council would only consider adoption provided any highways are designed and constructed in accordance with the Design Guide and Specification for Residential and Industrial Estates' which can be downloaded from the Stockton Council website. It is important for Developers to appreciate that obtaining a planning consent does not imply that a layout is suitable for adoption or give permission to work on an adopted Highway. It is recommended that the Council is consulted about any of the above at an early stage as the Council are unlikely to adopt the highway without the Developer entering into a Bond with the Council for inspecting the construction and short term maintenance of the proposed highway at regular intervals. If you require any further information please do not hesitate to contact: Highway Asset Manager, Highway Network Management, Stockton-on-Tees Borough Council, Technical Services, PO Box 229,Kingsway House, Billingham, TS23 2YL Telephone: (01642) 526739 Fax Number: (01642) 361690 Email: [email protected] Damage to highway verge: The Developer is reminded that it is an offence to cause damage to the Highway or to deposit any item on the Highway that causes a nuisance or danger. Any damage to the Highway caused by the development must be repaired at the developer's expense. The Highway Authority will seek, wherever possible, to recover any expenses incurred repairing the Highway surfaces and prosecute persistent offenders. (Highways Act 1980 sections 131, 148, 149). The developer should contact the Care for Your Area Highway technicians prior to any works on site to arrange an inspection of the Highway surfaces fronting the development. Construction deliveries: It should be ensured that, during construction, deliveries to the site do not obstruct the highway. If deliveries are to be made which may cause an obstruction to the highway then early discussion should be had with the Highway Authority on the timing of these deliveries and measures that may be required so to mitigate the effect of the obstruction to the general public. Informative 4: Environment Agency Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management (SUDS). SUDS are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on or near the site as opposed to traditional drainage approaches which involve piping water off site as quickly as possible. SUDS involve a range of techniques including soakaways, infiltration trenches, permeable pavements, grassed swales, green roofs, ponds and wetlands. SUDS offer significant advantages over conventional piped drainage systems in reducing flood risk by attenuating the rate and quantity of surface water run-off from a site, promoting groundwater recharge absorbing diffuse pollutants and improving water quality. Ponds, reedbeds and seasonally flooded grasslands can be particularly attractive features within public open spaces. The variety of SUDS techniques available means that virtually any development should be able to include a scheme based around these principles and provide multiple benefits, reducing costs and maintenance needs. Support for the use of SUDS approach to ensuring development does not increase flood risk elsewhere is set out in paragraph 103 of the National Planning Policy Framework. Further information on SUDS can be found in; o The CIRIA C697 document SUDS manual o HR Wallingford SR 666 Use of SUDS in high density developments o CIRIA C635 Designing for exceedances in urban drainage - good practice o The Interim Code of Practice for Sustainable Drainage Systems. The Interim Code of Practice provides advice on design, adoption and maintenance issues and a full overview of other technical guidance on SUDS. The Interim Code of Practice is available on our website at: www.environment-agency.gov.uk and CIRIA's website at www.ciria.org.uk HEADS OF TERMS Precautionary Education Contribution to provide primary/secondary school places should they be required at the appropriate time. A capped Highways Contribution of £ £97,500 towards the delivery of infrastructure in the West Stockton area Local Labour and services requirement
14/1396/OUT LAND EAST OF JASPER GROVE, MORRISON STREET, STILLINGTON OUTLINE APPLICATION FOR ERECTION OF UP TO 54 HOUSES WITH FORMATION OF ACCESS
RESOLVED that planning application 14/1396/OUT be approved subject to the conditions and informatives detailed within the main report and subject to the applicant entering into a Section 106 Agreement before the 30th September 2014 in accordance with the Heads of Terms within the main report. Should the S106 Agreement not be signed before the 30th September 2014 then the application be refused for reasons relating to the lack of provisions to meet the requirements of the scheme relative to the provisions within the Heads of Terms:-
1. Approved Plans The development hereby approved shall be in accordance with the following approved plans; Plan Reference Number Date on Plan 168-002 27 May 2014 2. Reserved Matters - Details Approval of the details of the Access, Appearance, Landscaping, Layout and Scale of the development known as the 'Reserved Matters' shall be obtained in writing from the Local Planning Authority before the development is commenced. The development shall be carried out in accordance with the approved plans 3. Reserved Matters - Time Period for submission of Reserved Matters Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of two years from the date of this permission. 4. Period for Commencement of Development The development hereby permitted shall be begun either before the expiration of four years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the latest. 5. Possible contamination from an old landfill site No development hereby approved shall be commenced on site until the site is investigated and reported to determine the nature and extent of landfill gas. The site investigation and risk assessment report shall be carried out in accordance with Guidance on Evaluation of Development proposals on sites where methane and carbon dioxide are present [NHBC March 2007] and CIRIA document C659. The findings of the report shall be submitted to the Local Planning Authority and no development shall commence on site until any necessary mitigation has been undertaken to the written satisfaction of the Local Planning Authority. 6. Levels The development hereby approved shall be built in accordance with a scheme of finished floor levels which has been submitted to and approved in writing by the Local Planning Authority prior to the development commencing on site. The scheme shall detail existing land level and levels of nearby properties as necessary as well as the finished floor levels of the proposed properties. 7. Construction Management Plan The construction works associated with the development hereby approved shall be undertaken in accordance with a Construction Management Plan which has first been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include, but not be restricted to; - Access proposals (including HGV routes) and HGV trip profile; - Details of staff parking proposals during construction; - Hours of construction; and - Appropriate mitigation measures. The development shall be undertaken in accordance with the Construction Management Plan. 8. Renewables or Fabric First No development shall take place until the Local Planning Authority has approved 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 or design efficiencies. 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 or design efficiency measures 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. 9. Code 4 Construction The dwellings hereby approved shall achieve a minimum of Level 4 of the Code for Sustainable Homes unless otherwise agreed in writing with the Local Planning Authority or any other equivalent Building Regulation rating at the time of the submission of the application for reserved matters. 10. Affordable Housing A total of 15% - 20% of housing provision within the site shall be affordable in accordance with details which have been first submitted to and approved in writing by the Local Planning Authority. The details shall include but not be restricted to including the precise units to be affordable, the nature of tenure and mechanism for delivery. 11. Drainage The development hereby approved shall be carried out in accordance with the submitted Flood Risk Assessment (FRA) MD0838 / rep / 001 Rev B and the associated mitigation measures. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed in writing by the local planning authority. 12. Construction Working Hours No construction activity or deliveries shall take place except between the hours of 0800 and 1800 on Monday to Friday and 0900 and 1300 on Saturdays. There shall be no construction activity on Sundays or Bank Holidays. Informative 1: National Planning Policy Framework The Local Planning Authority has implemented the requirements of the National Planning Policy Framework. Informative 2: Layout of Development The indicative layout plan is considered to be unacceptable in terms of its impacts on and impacts from the adjacent landscape belt and as such would not be acceptable if submitted at reserved matters stage unless adequate justification can be made which prevents houses and gardens form being significantly shaded by landscaping and which prevent tree canopies and root structures from being unduly affected both now and taking into account future growth. Any detailed layout design needs to take this matter into account. Informative 3: Contact Northern Gas Networks Northern Gas Networks have advised that there may be gas apparatus in the area and that the developer contact them to discuss this. Contact details given are as follows; Sandra Collett Network Records Assistant 0845 6340508 (option 6) Informative 4 - Welcome Packs - Sustainability It is recommended that the developer provides welcome packs for new occupants which should provide details of sustainable travel options (bus timetables / cycle route map) to encourage sustainable travel behaviour amongst residents from the outset of the development. HEADS OF TERMS Precautionary Education Contribution to provide primary / secondary school places should they be required at the appropriate time. Highways Contribution of £6,000 for traffic calming works on Morrison Street. Open Space Contribution of £90,138 to be spent in respect of open space, recreation and landscaping within the local area.