LAND ASSOCIATED WITH HUNTERS REST, URLAY NOOK ROAD, EAGLESCLIFFE
OUTLINE PLANNING PERMISSION WITH SOME MATTERS RESERVED (APPEARANCE, LANDSCAPING, LAYOUT AND SCALE) FOR THE ERECTION UP TO 130 DWELLINGS, ASSOCIATED INFRASTRUCTURE INCLUDING ACCESS ROAD AND PUBLIC OPEN SPACE.
RESOLVED that Members be minded to approve planning application 17/0775/OUT subject to the following conditions and informatives and subject to the applicant entering into a Section 106 Agreement in accordance with the Heads of Terms below or other such terms as may be deemed necessary by the Director of Economic Growth and Development Services
01 Approved Plans
The development hereby approved shall be in accordance with the following approved plan(s);
Plan Reference Number Date on Plan
CJM/1 22 March 2017
CAL020616 01 REV G 23 March 2017
1701801F 28 June 2017
02 Reserved Matters - Details
Notwithstanding the submitted plans, approval of the details of the 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
03 Period for Commencement
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.
04 Reserved Matters - Time Period for submission
Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
05 Retention of existing trees shrubs hedge
Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans as part of the reserved matters application a plan shall be submitted identifying the trees and hedges to be retained on the site. Details of a long term maintenance strategy for all trees and hedges indicated for retention from practical completion of the development shall be submitted to and be approved by the Local Planning Authority with the associated landscaping features being retained and maintained in accordance with the agreed details thereafter. 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
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 as part of the reserved matters scheme. 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). 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 Construction Management Plan
No development shall take place, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The Construction Management Plan shall provide details of:
(i) the site construction access(es)
(ii) the parking of vehicles of site operatives and visitors;
(iii) loading and unloading of plant and materials;
(iv) storage of plant and materials used in constructing the development;
(v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing,
(vi) measures to be taken to minimise the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site;
(vii) measures to control and monitor the emission of dust and dirt during construction;
(viii) a Site Waste Management Plan;
(ix) details of the routing of associated HGVs;
(x) measures to protect existing footpaths and verges; and a means of communication with local residents.
The approved Construction Management Plan shall be adhered to throughout the construction period.
08 Site Construction Access
No development shall take place (except for the purposes of constructing the initial site access) until that part of the access extending 15 metres into the site from the carriageway of the existing highway has been made up and surfaced in accordance with the Councils Design Guide and Specification.
09 Creation of visibility splays (Removal of trees within verge)
Work shall not commence until visibility splays have been provided at the site entrance to the written satisfaction of the Local Planning Authority in accordance with a scheme of such which has first been submitted to and approved in writing by the Local Planning Authority.
10 Footpath Links
As part of any reserved matters application precise details of a footway link to the perimeter of the site shall be submitted and approved in writing by the Local Planning Authority and implemented in accordance with the approved details
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 in consultation with Northumbrian Water and the Lead Local Flood Authority. Thereafter the development shall take place in accordance with the approved details.
12. Discharge of Surface Water
The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) 2017 Reference: H76116/FRA/001 Rev B dated 17th June, limiting the surface water run-off generated by the impermeable areas of the development up to and including the 100 year critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. This will be achieved by limiting surface water discharge from the development to 13.6l/sec. The mitigation measures shall be fully implemented prior to the occupation 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.
13. Surface water management
The development hereby approved shall not be commenced on site, until a scheme of Surface Water Drainage and Management' for the implementation, maintenance and management of the sustainable 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 construction Phase
IV. Details of adoption responsibilities;
V. Management plan for the Surface Water Drainage scheme and any maintenance and funding arrangement;
The building hereby approved shall not be brought into use until the approved Surface Water Drainage' scheme has been implemented and the approved scheme shall be maintained in accordance with the Surface Water Management scheme for the lifetime of the development.
14 Discharge of Surface Water
No dwellings should be occupied until the surface water management system for the development or any phase of the development is in place and fully operational. A maintenance plan detailing how the surface water management system will be maintained during the construction phase must also be submitted and approved in writing by the Local Planning Authority.
Notwithstanding details shown on the plans hereby approved, prior to any works commencing on site, details of existing ground levels both on site and at adjacent properties which bound the site, finished ground, and finished floor levels for the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
16.10% Renewables or fabric first
Prior to the commencement of any of the development hereby approved and unless otherwise agreed in writing with the Local Planning Authority as being unfeasible or unviable, a written scheme shall be submitted to and approved in writing by the local planning authority which details 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 the use of specific building materials. The carbon savings which result from this will be above and beyond what is required to comply with Part L Building Regulations or other such superseding guidance. Before the development is occupied the approved scheme of reduction shall have been implemented on site and brought into use where appropriate. The approved scheme shall be maintained in perpetuity thereafter unless otherwise agreed in writing by the local planning authority.
16. Ecology and mitigation
The development hereby approved shall only be undertaken on site in accordance with the recommendations and mitigation as detailed in the Protected Species Surveys dated September 2017, undertaken by QUANTS Environmental Ltd and prior to development commencing on site an Ecological Mitigation and Compensation Strategy which includes a wildlife sensitive lighting strategy shall be submitted and approved by the local planning authority. Work shall be undertaken only in strict accordance with the agreed details.
17. Great Crested Newts
Prior to the submission of details in relation to the reserved matters application details of the GCN licence from Natural England and associated mitigation shall be submitted to the local planning authority for approval, thereafter the development shall be carried out in accordance with the approved document.
18. Construction working Hours
No construction/building works or deliveries associated with the construction phase of the development shall be carried out except between the hours of 8.00am and 6.00pm on Mondays to Fridays and between 9.00am and 1.00pm on Saturdays. There shall be no construction activity including demolition on Sundays or on Bank Holidays.
19. Contaminated Land
An Intrusive Ground Investigation Report 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) to include for ground contamination screening and ground gas production, and an appropriate risk assessment undertaken. 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:
- a survey of the extent, scale and nature of contamination;
- 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;
- 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'.
20. Unexpected Land Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified, works must be halted on that part of the site affected by the unexpected contamination and it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken to the extent specified by the Local Planning Authority prior to resumption of the works. Following completion of measures identified in the approved remediation scheme, a verification report must be submitted in writing and approval by the Local Planning Authority.
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 information required to assess the scheme and by the identification and imposition of appropriate planning conditions.
Informative: 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. The discharge rates from the site will be restricted to 13.6 l/sec 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 plus climate change surcharging the drainage system can be stored on site without risk to people or property and without overflowing into drains or watercourse. Full Micro Drainage design files (mdx files) including the catchment plan and 3D topographical survey must 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 plus climate change should also be provided.
The layout of any proposed development and sustainable drainage system should be designed to mimic natural drainage flow paths, utilising existing natural low-lying areas and conveyance paths where appropriate. This means considering the existing blue / green corridors across the proposed site and utilizing the natural low-lying areas for the surface water management system for the development. To mimic natural catchment process as closely as possible, a "management train" is required, it is fundamental to designing a successful SuDS system, it uses techniques in series to reduce pollution, flow rates and volumes. The detailed design must show flow routes, SuDS component section, sub-catchments, discharge and flow control locations, storage features and how SuDS integrate into the landscape
An allowance of 10% should be included within the detailed surface water drainage design for "Urban Creep",
The developer will need to provide a detailed program including time table for the construction of the main surface water drainage infrastructure
The proposed development must not increase the risk of surface water runoff from the site or cause any increased flood risk to neighbouring sites. Any increase in surface water generated by the proposed development or existing surface water / groundwater issues on the site must be alleviated by the installation of sustainable drainage system within the site.
If the applicant proposes to discharge surface water into an ordinary watercourse a land drainage consent will be required from the Lead Local Flood Authority (LLFA). A land drainage consent is separate application that could take up to 8 weeks for completion and no works on the watercourse can proceed until consent has been approved by the LLFA.
The updated guidance states the new allowances for climate change now require both +20% scenario and a +40% scenario. Therefore new surface water drainage scheme designed within the Flood Risk Assessment/Drainage Strategies require at least three sets of calculations;
1. 1 in 30 year event;
2. 1 in 100 year plus 20% climate change;
3. 1 in 100 year plus 40% climate change;
Drainage systems can be designed to include a 20% allowance for climate change;
A sensitivity test against the 40% allowance is required to ensure that the additional runoff is wholly contained within the site and there is no increase in the rate of runoff discharged from the site. It must be demonstrated that there are no implications to people from the increased flood hazard (volume between 20% and 40% allowance). It is crucial that the additional runoff from the 40% is contained within the site and does not contribute to an increased flood risk to people/property/critical infrastructure/third parties elsewhere.
If the flows cannot be contained within the site without increasing risk to properties or main infrastructure a 40% allowance must be provided.
The applicant must consider local guidance detailed in the Tees Valley Local Standards for Sustainable Drainage'. It is recommended that the applicant contacts the Flood Risk Management Team at an early stage to discuss surface water management requirements and their proposed surface water drainage solution for this proposed development.
Informative: Northumbrian Water
The developer should develop their surface water drainage solution by working through the Hierarchy of Preference contained within Revised Part H of the Building Regulations 2010. Namely Soakaway; Watercourse, and finally Sewer. If sewer is the only option the developer should contact Northumbrian Water to agree allowable discharge rates & points into the public sewer network. This can be done by submitting a pre development enquiry directly to us. Full details and guidance can be found at https:www.nwl.co.uk/developers/predevelopment-enquiries.aspx or telephone 0191 419 6646. Please note that the planning permission with the above condition is not considered implementable until the condition has been discharged. Application can then be made for a new sewer connection under Section 106 of the Water Industry Act 1991.
Public sewers cross the site and may be affected by the proposed development. Northumbrian Water do not permit a building over or close to their apparatus and will be contacting the developer direct to establish the exact location of the assets and ensure any necessary diversion, relocation or protection measures required prior to the commencement of the development.
Informative: Reserved Matters
When submitting the application(s) for reserved matters; the reserved matters should include the following details
"access", means the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network; where "site" means the site or part of the site in respect of which outline planning permission is granted or, as the case may be, in respect of which an application for such a permission has been made;
"layout" means the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development;
"appearance" means the aspects of a building or place within the development which determines the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture;
"scale" means the height, width and length of each building proposed within the development in relation to its surroundings;
"landscaping", in relation to a site or any part of a site for which outline planning permission has been granted or, as the case may be, in respect of which an application for such permission has been made, means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includesó
(a) screening by fences, walls or other means;
(b) the planting of trees, hedges, shrubs or grass;
(c) the formation of banks, terraces or other earthworks;
(d) the laying out or provision of gardens, courts, squares, water features, sculpture or public art; and
(e) the provision of other amenity features;
HEADS OF TERMS
Improvements to the A66 Elton interchange;
Provision of a financial contribution towards car parking solutions within Yarm;
A contribution towards the continuation of the bus service, (secured against planning application 13/2184/OUT (Urlay Nook (Taylor Wimpey)), for a further 5 year period.
The provision of a minimum of 15% affordable housing to be provided on site.
Contribution for both primary & secondary school pupils based on the council's standard formula.
Contribution towards open space/play facilities should it not be provided on site and maintenance agreements to be agreed.