LAND ADJOINING APPROVED PHASE 1 SCHEME, SOUTH OF KIRK HILL, CARLTON,
OUTLINE APPLICATION FOR THE CONSTRUCTION OF 25 RESIDENTIAL DWELLINGS COMPRISING 8 AFFORDABLE DWELLINGS AND 17 OPEN MARKET DWELLINGS, WITH ALL MATTERS RESERVED EXCEPT ACCESS
RESOLVED that planning application 14/3008/OUT be approved subject to the following conditions, informative(s);
01. Time Limit
The development hereby permitted shall be begun either before the expiration of three 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.
By virtue of the provision of Section 92 of the Town and Country Planning Act 1990 (as amended).
02 Approved Plans
The development hereby approved shall be in accordance with the following approved plan(s);
Plan Reference Number Date on Plan
RES341 200-21 18 November 2014
03 Approved Plans
Notwithstanding the submitted plans the access as shown on plan RES341 200-20 REV 7 is hereby approved, the remainder of the plan is for indicative purposes only.
04 Reserved matters;
Details of the appearance, landscaping, layout, and scale of the development (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before development of the phase concerned begins, and the development shall be carried out as approved.
05 Time limit for submission of the reserved maters;
Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.
06 Reserved matters Application
The reserved matters application shall ensure the development complies with the guidance contained in Supplementary Planning Document 3: Parking Provision for New Developments (SPD3).
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.
08 Affordable Housing
Notwithstanding the details hereby approved, the 8 dwellings as illustrated on the indicative layout plan RES/341 Rev 7 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.
09 Existing and proposed site 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.
The development shall be carried out in strict accordance with the recommendations as detailed in the Habitat and Protected Species Risk Assessment dated October 2014 by Penn Associates.
Site clearance works should not take place during the bird breeding season (March to end of August). If site clearance is necessary during this time there should be a site walkover by a suitably qualified ecologist to check for the presence of breeding birds.
Work shall not commence on the construction of Phase 2 until Phase 1 (approved under 14/0637/FUL) is substantially completed.
13 Renewables or Fabric First
Prior to the erection of the buildings a report shall be submitted to the Local Planning Authority 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.
14 Foul Drainage
Development shall not commence until a detailed scheme for the disposal of foul water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water. Thereafter the development shall take place in accordance with the approved details. Any drainage scheme submitted to the Local Planning Authority should be in line with Northumbrian Waters comments made in the pre-development enquiry response.
15 Discharge of Surface Water
Surface water discharges from this site shall be flow regulated to ensure that flooding problems elsewhere in the catchment are not exacerbated. Final details of an appropriate surface water drainage solution shall be submitted to and approved by the Local Planning Authority before development commences and the development shall be completed in accordance with the approved scheme. The discharge rates from the site will be restricted to the existing greenfield runoff rates (QBAR value) with sufficient storage within the system to accommodate a 1 in 30 year storm. The design shall also ensure that storm water resulting from a 1 in 100 year event surcharging the drainage can be stored on site without risk to people or property and without overflowing into drains or watercourse. Micro Drainage design files (mdx files) are required to be submitted for approval. The flow path of flood waters exiting the site as a result of a rainfall event exceeding the 1 in 100 year event should also be provided.
16 Discharge of Surface Water
No works shall commence until a surface water construction management plan has been provided and approved by the Local Planning Authority, the plan should include the following;
Timetable for the construction of the key elements of the surface water management scheme which are (a) The outfall structure (b) The control structure (c) The storage structure
(ii) The arrangement for controlling silt levels during construction
17 Discharge of Surface Water
None of the dwellings shall be occupied until a SuDS Management/Maintenance Plan has been provided and approved by the Local Planning Authority, the plan should include details of the following;
A description of the SUDS scheme, how it works and a explanation of how it should be managed in the future.
A Schedule of Work to set out the tasks required to maintain the site and the frequency necessary to achieve an acceptable standard of work. A spillage control procedure should also be included.
A site plan (drawing) - showing maintenance areas, access routes, inlets, outlets and control structure positions, location of any other chambers, gratings, overflows and exceedance routes.
Health and safety issues
Funding arrangements for the long term maintenance of the SuDS elements.
18 Construction Management Plan
A Construction Management Plan shall be submitted and agreed, prior to the commencement of development, with the Local Planning Authority to agree the routing of all HGVs movements associated with the construction phases and to effectively control dust emissions from the site works, this shall address earth moving activities, control and treatment of stock piles, parking for use during construction and measures to protect any existing footpaths and verges, vehicle movements, wheel cleansing, sheeting of vehicles, offsite dust/odour monitoring and communication with local residents.
19 Means of Enclosure
Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans, prior to the commencement of development, details of the means of enclosure shall be submitted to and approved in writing by the Local Planning Authority. Such means of enclosure shall be erected before the development hereby approved is occupied.
20 Street Furniture
Prior to the commencement of development, details of any street furniture associated with the development shall be submitted to and approved in writing by the Local Planning Authority. Such street furniture as agreed shall be erected before the development hereby approved is occupied.
21 Scheme for Illumination
Prior to the commencement of development full details of the method of external LED illumination including Siting; Angle of alignment; Light colour; and Luminance of buildings facades and external areas of the site, including parking courts, shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and the lighting shall be implemented wholly in accordance with the agreed scheme prior to occupation.
22 Landscaping Softworks
No development shall commence until full details of Soft Landscaping, following the principles of plan C1112-02 Revision F received 15 May 2015, has been submitted to and approved in writing by the Local Planning Authority. This will be a detailed planting plan and specification of works indicating soil depths, plant species, numbers, densities, locations inter relationship of plants, stock size and type, grass, and planting methods including construction techniques for pits in hard surfacing and root barriers. All works shall be in accordance with the approved plans. All existing or proposed utility services that may influence proposed tree planting shall be indicated on the planting plan. The scheme shall be completed in the first planting season following Commencement of the development; or agreed phases; or prior to the occupation of any part of the development; and the development shall not be brought into use until the scheme has been completed to the satisfaction of the Local Planning Authority.
23 Retention of Existing Trees Shrubs and Hedges
Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans a plan shall be submitted identifying the trees to be retained on the site all trees indicated for retention shall be retained and maintained for a minimum period of 25 years from practical completion of the development. No tree, shrub or hedge shall be cut down, uprooted or destroyed, topped or lopped other than in accordance with the approved plans. Any tree, shrub or hedge or any tree, shrub or hedge planted as a replacement that dies or is removed, uprooted or destroyed or becomes seriously damaged or defective must be replaced by another of the same size and species unless directed in writing by the Local Planning Authority.
24 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 BS 5837:2012 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.
25 Maintenance Softworks
No development shall commence until full details of proposed soft landscape management has been submitted to and approved in writing by the Local Planning Authority. The soft landscape management plan shall include long term design objectives, management responsibilities and maintenance schedules for all landscape areas/ retained vegetation, other than small privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority and implemented in accordance with the approved plan prior to the occupation of the Development; or approved phases. Any vegetation within a period of 5 years from the date of from the date of completion of the total works that is dying, damaged, diseased or in the opinion of the local planning authority is failing to thrive shall be replaced by the same species of a size at least equal to that of the adjacent successful planting in the next planting season.
Landscape maintenance shall be detailed for the initial 5 year establishment from date of completion of the total scheme regardless of any phased development period followed by a long-term management plan for a period of 20 years. The landscape management plan shall be carried out as approved
26 Land Contamination Assessment
No development shall be commenced on site until the following has taken place and written agreement to these being carried out has been provided by the Local Planning Authority;
a. An intrusive phase 2 investigation is carried out and the results are submitted in writing to the Local Planning Authority;
b. Should any contamination be present then a scheme of mitigation be provided in writing to the Local Planning Authority;
c. The development be undertaken in accordance with the approved scheme of mitigation.
Investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. 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'.
27 Removal of permitted development rights for extensions
Notwithstanding the provisions of classes A, B, C, D, E, and F of Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (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 or means of enclosure erected within the curtilage without the written approval of the Local Planning Authority
28 Removal of permitted development rights for boundary treatments to the front of properties
Notwithstanding the provisions of class A of Part 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (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.
29 Construction activity;
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.
30 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.
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 seeking a revised scheme to overcome issues and by the identification and imposition of appropriate planning conditions.
Informative: Highways, Transport and Environment Manager
Sustainable Travel: It is recommended that the developer provides welcome packs 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: 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 the Developer will 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]
HEADS OF TERMS
A Sustainable Transport Contribution for a period of 5 years.
Precautionary Education Contribution to provide primary/secondary school places should they be required at the appropriate time.
10% Local Labour and services requirement