MOUNT LEVEN FARM, LEVEN BANK ROAD, YARM
APPLICATION FOR THE SETTING OUT PUBLIC ACCESS IN AN AREA TO BE DESIGNATED AS A COUNTRY PARK TO INCLUDE THE CONSTRUCTION OF A NEW FOOTBRIDGE
RESOLVED that planning application 16/3049/FUL be approved subject to the following conditions and informatives;
Time period for commencement;
01 The development hereby permitted shall be begun before the expiration of Three years from the date of this permission.
02 The development hereby approved shall be in accordance with the following approved plan(s);
Plan Reference Number Date on Plan
1641/001 1 December 2016
1505.51 Rev D 28 March 2018
1505.52 Rev D 28 March 2018
1420.SKBR1C 21 August 2018
DDA compliance of footpaths;
03 Prior to the first public use of the country park, the applicant/developer shall demonstrate through provision of a post construction topographic survey that all Disability Discrimination Act (DDA) compliant routes (as shown on drawings 1505.51 Rev D and 1505.52 Rev D) have been constructed appropriately and comply with the current DDA legislation in terms of line, level and detailed construction. The survey information shall be submitted to and be approved in writing by the Local Planning Authority prior to the country parks first use by the public.
Public Right of Way;
04 Within 6 months of the country park and/or bridge being opened for public use, the applicant/developer shall secure the long-term future of the footpath connection between the A1044 and the proposed footbridge by include the route on the Definitive List of Public Rights of Way.
Pedestrian Footbridge across the River Leven;
05 Notwithstanding the submitted details, prior to the construction of the footbridge or within 6 months of the first use of the country park, whichever is the sooner, full details of the proposed footbridge shall be submitted to and be approved in writing by the Local Planning Authority. This shall include;
Detailed construction drawings for the footbridge including; foundation details; ramps and other connections to the footpath network (including gradients of max 1:20); clear height above the mean water level;
Timescales for the delivery, construction and implementation of the footbridge;
Details of any 3rd party land required to facilitate the construction of the footbridge including copies of relevant legal agreements which demonstrate that the necessary rights have been secured to facilitate the delivery of the footbridge; and
Details of any 3rd party land required to facilitate the associated connection from the bridge to the adopted highway network within Ingleby Barwick including copies of relevant legal agreements which demonstrate that the necessary rights have been secured to facilitate the delivery of the necessary linkages;
The footbridge shall be constructed in full accordance with the agreed details and timetable for implementation unless the Local Planning Authority give written consent to any variation.
Management and Maintenance Plan for Footbridge;
06 Notwithstanding the submitted information, full details of maintenance and management of the footbridge shall be submitted to and be approved in writing by the Local Planning Authority. The management plan shall include details of how the footbridge will be maintained in perpetuity (including any relevant legal agreements associated with 3rd party land that may be required to gain access for maintenance). This shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the use of the footbridge.
Landscape management and maintenance;
07 No development shall commence until a landscape and public open space management plan has been submitted to and approved by the Local Planning Authority. As well as setting out a timetable for its implementation, the landscape management plan shall include long term design objectives, management responsibilities and maintenance schedules for all landscape areas. 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 development shall be carried out only in accordance with the approved management and maintenance plan.
Ecology and mitigation;
08 The development hereby approved shall only be undertaken on site in accordance with the recommendations and mitigation as detailed in the submitted Preliminary Ecological Appraisal; Naturally Wild; November 2016. All work shall be undertaken only in strict accordance with those agreed details.
08 The hereby approved development shall be carried out in full accordance with the outlined control methods of the submitted method statement for the removal of invasive plant species' (Leeming Associates; May 2018).
Development in accordance with Flood Risk Assessment;
09 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) FRA H76324/FRA/001 by NJP Group and the following mitigation measures detailed within the FRA:
1. Identification and provision of safe route(s) into and out of the site to an appropriate safe haven.
2. Minimum soffit level of the bridge to be no lower than 8.73mAOD in accordance with Bridge Elevation drawing 1420/SKBR18
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.
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 information required to assess the scheme and by the identification and imposition of appropriate planning conditions.
Informative: Environment Agency permit requirements
This bridge will require a permit from the Environment Agency under the Environmental Permitting Regulations 2016. Any works within 8 metres form the top of the riverbank on the River Leven will require further permits.
Please contact NE EPR Permit NE_EPR_Permit@environment-agency.gov.uk for further details and advice.
KNOWLES FARM, GROVE BANK, KIRKLEVINGTON
OUTLINE PLANNING APPLICATION FOR ERECTION OF 10 NO. DETACHED DWELLINGS WITH ASSOCIATED MEANS OF ACCESS (DEMOLITION OF EXISTING FARMHOUSE AND OUTBUILDINGS).
That planning application 16/3146/OUT be approved 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 as below and also investigate the possibility of introducing a suitable traffic calming scheme and secure through S106 agreement;
01 Approved Plans
The development hereby approved shall be in accordance with the following approved plan(s);
Plan Reference Number Date on Plan
1623/007 13 December 2016
02 Reserved Matters - Details
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 Commercial Operations and Livery
Prior to the occupation of the first dwelling;
the buildings as indicated to be demolished shall be demolished
the operation of commercial business, currently known as Mayhew Steel limited' shall cease
the livery shall be relocated to the building as indicated and shall not exceed the stabling of 10 horses at any one time.
06 Discharge of Surface Water
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 development 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.
07 Discharge of Surface Water
The development permitted by this planning permission shall be implemented in line with the information contained within the submitted document entitled "Flood Risk Assessment" dated 18th September 2016 reference H76226/FRA001 rev B, prepared by jnpgroup and the following mitigation measures detailed within the flood risk assessment.
Surface water discharges to the sewer at manhole 4602 at a maximum restricted rate of 5 l/sec.
Limiting the surface water run-off generated by the impermeable areas of the development up to and including the 100 year critical storm plus an allowance for climate change, so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.
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.
08 Discharge of Surface Water (Northumbrian Water)
The drainage system to be adopted by Northumbrian Water Limited in relation to the proposed development shall be implemented in line with the drainage scheme contained within the submitted document entitled "Flood Risk Assessment" dated 18th September 2016. The drainage scheme shall ensure that foul flows discharge to the sewer at manhole 4713, and ensure that surface water discharges to the sewer at manhole 4602 at a maximum restricted rate of 5 l/sec.
09 Ecology and mitigation
The development hereby approved shall only be undertaken on site in accordance with the recommendations and mitigation as detailed in the submitted survey (Ref TP-16-01) dated 19 May 2016, undertaken by Naturally Wild. Work shall be undertaken only in strict accordance with the agreed details.
10 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.
11 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.
12 Retention of existing trees shrubs hedge
Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans (whichever is applicable) a plan shall be submitted identifying the trees and hedges to be retained on the site. All those 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
13 Landscaping Plans
As part of the reserved matters application full details of a soft landscape scheme shall be submitted. This should include 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:
(i) Commencement of the development;
(ii) or agreed phases;
(iii) 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.
14 Maintenance Softworks
As part of the reserved matters application a soft landscape management shall be submitted to and approved in writing by the Local Planning Authority. The soft landscape management plan shall include maintenance access routes to demonstrate operations can be undertaken from publically accessible land, long term design objectives, management responsibilities and maintenance schedules for all landscape areas/ retained vegetation, other than small privately owned domestic garden 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
15 Noise disturbance from adjacent rail traffic:
Prior to the commencement of the first dwelling a noise mitigation strategy based upon the principles contained within the "Noise Survey and Façade Acoustic Design Strategy" by Apex Acoustics dated May 2016 shall be submitted to and approved in writing by the Local Planning Authority for each phase or individual dwelling, as appropriate. The noise mitigation strategy may include specific mitigation measures including but not necessarily restricted to acoustic glazing or acoustic barriers. The development shall be implemented in accordance with the approved mitigation strategy and the mitigation measures retained throughout the lifetime of the development.
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.
17. 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.
18. Contaminated Land
Work shall be undertaken in accordance with the recommendations as detailed in the submitted Phase 1 Environmental Desk Study dated June 2016 (ref: 16060) and full details of the additional works required shall be submitted and approved in writing by the local planning authority. Following the implementation of the recommendations of this report, a verification report shall be submitted to the local planning authority.
19. 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.
20. 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.
21 Commencement of Work
Work shall not commence on the site until work has commenced on the adjacent site approved under application 16/3035/OUT.
INFORMATIVE OF REASON FOR PLANNING APPROVAL
Informative 1: Working practice
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 revised indicative details and revised information and by the identification and imposition of appropriate planning conditions.
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 includes—
(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;
Informative: Biodiversity Scheme
As part of any reserved matters scheme, a biodiversity mitigation enhancement scheme shall be submitted and approved. This may include the provision of swallow cups to compensate for the loss of potential nesting sites within the stables and barns due to be demolished
Informative; Shade Parameter plan
A shade parameter plan shall form part of any reserved matters application and should be used to inform the final layout to ensure the amenity of the properties and gardens of existing and proposed homes would not be adversely affected by shading from any existing or proposed planting
HEADS OF TERMS
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.
Offsite Highway Works
The Owner shall enter into a Highways Agreement prior to the Commencement of Development to contribute to the delivery of the Crathorne Interchange Works/Green lane roundabout.
Contribution to open space/play facilities in the village
Local Labour Agreement: To use reasonable endeavours to ensure that 10% of the jobs on the development are made available to residents within the Target Areas