Public
P 79/07
DECLARATIONS OF INTEREST
Councillor Rix declared a personal/non-prejudicial interest in the item entitled 07/2360/OUT - Land at Boathouse Lane, (Northern Machine Tools Engineering), Stockton-on-Tees - Outline application for residential development including restaurant, riverside walkway and emergency access, due to being a member of the Ramblers Association. Councillor Mrs Rigg declared a personal/non-prejudicial interest in the item entitled 07/2437/OUT Land at Urlay Nook, Urlay Nook Road, Eaglescliffe - Outline application for industrial estate comprising the erection of B2 and B8 use class units and associated means of access, due to being a member of Tees Valley Wildlife Trust and Egglescliffe and Eaglescliffe Parish Council.
P 80/07
MINUTES OF THE MEETINGS HELD ON 29TH AUGUST 2007 AND 19TH SEPTEMBER 2007 - FOR SIGNATURE
The minutes of the meetings held on 29th August 2007 and 19th September 2007 were signed by the Chairman as a correct record.
P 81/07
07/1927/FUL PLOT J BOWESFILED FARM STOCKTON RESIDENTIAL DEVELOPMENT OF 32 APARTMENTS AND 4 NO. HOUSES WITH ASSOCIATED CAR AND CYCLE PARKING REFUSE STORE AND PRIVATE RESIDENTS GARDEN
RESOLVED that: A) Planning application 07/1927/FUL be approved subject to conditions in respect of approved documents, noise disturbance from adjacent road traffic, land contamination, construction noise (working period), hard and soft landscaping, maintenance of landscaping, levels, means of enclosure, lighting, cycle parking, surface water drainage, details of internal footways, detail of disabled parking, external surface finishes, refuse hardstanding, vehicle and pedestrian access, turning areas, and floor level set above 9.3 metres AOD, details of the retaining wall, and any other conditions as appropriate. B) H J Banks be advised that the Council would not entertain further residential development on the site and any further revision to the masterplan in this respect would be declined.
P 82/07
07/2440/REV HILTON HOUSE FARM, MANOR DRIVE, HILTON REVISED APPLICATION FOR CONSTRUCTION OF PUBLIC FISHING LAKES AND ASSOCIATED CAR PARKING.
RESOLVED that planning application 07/2440/REV be approved subject to:- 1. The development hereby approved shall be in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority. Plan Reference Number Date on Plan SBC0001 14th August 2007 NW6 - 003 - P01 rev J 25th October 2007 2. No works shall commence until an assessment of the affect of the development on the hydrogeology and hydrology of the area has been prepared by a suitable qualified person. The findings of this assessment shall be agreed in writing and any identified programme of works implemented to the satisfaction of the Local Planning Authority. 3. No works shall commence until full details of the design of the lakes and their methods of filling and discharge has been agreed in writing with the Local Planning Authority. The lakes shall be constructed and maintained in accordance with the approved details. 4. No development shall commence until the developer has produced a bird management plan and the plan has been submitted to and approved in writing by the Local Planning Authority. The site shall be operated in accordance with the approved management plan. 5. Notwithstanding details hereby approved, the access track and car park associated with the development shall be laid out and surfaced in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be maintained for the duration of the use of the development hereby approved unless otherwise agreed in writing by the Local Planning Authority. 6. No development hereby approved shall be brought into use until a footpath has been provided in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority linking the site to the bus stop to the east of the access. The submitted details shall indicate the precise location of the path and its construction detail. 7. The barrier at the site access shall be maintained in an operational state at all times and shall be in a horizontal position, preventing vehicular access into the site during times when the site is not open to visiting members of the public. 8. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, a scheme for landscaping. Such a scheme shall detail the following; a) Hard and soft landscaping, including hedgerow planting adjacent to the access and screen planting within the south eastern corner of the site. b) Soil depths, plant species, numbers, densities, locations, and sizes, planting methods, maintenance and management. The development shall be carried out in accordance with the approved details. Planting works shall be carried out prior to the development being brought into use and any trees or plants which within a period of five years from the date of planting, die are removed or become seriously damaged, shall be replaced with others of a similar size and species in the next planting season unless the Local Planning Authority gives written consent to any variation. 9. No external lighting shall be used at the site other than that which is in accordance with a scheme of external lighting to be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall include details such as number of lights, locations, methods of shielding glare and the lumens intensity of the light. 10. Notwithstanding details hereby approved, the development shall not be brought into use until all pumps and other mechanical parts associated with the development have been installed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include the pump specification, noise emission details and method of noise attenuation where necessary. 11. All works involving the removal or moving of hedgerows shall not occur during the period 1st March to the 31st July inclusive. 12. The use hereby approved shall not be open to visiting members of the public outside the hours of 6:00a.m. to 8:00 p.m. 13. The site shall hold no more than one organised event in any calendar month. 14. Notwithstanding details hereby approved, the precise design and colour of the access barrier, portaloos and cabin shall be submitted to and approved in writing by the Local Planning Authority prior to the structures being placed on site. The approved details shall be maintained in perpetuity. 15. Within 3 months following cessation of the use hereby approved the portaloos and cabin and their associated bases, pipe work and tanking shall be removed from site. 16. This consent relates solely to the use of the land for coarse fishing within the two lakes identified on the approved plans and for no other purpose (including any other purpose in Class D2 of the Town and Country Planning Use Classes Order 2005 or any provision equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).
P 83/07
07/2360/OUT LAND AT BOATHOUSE LANE, (NORTHERN MACHINE TOOLS ENGINEERING), STOCKTON-ON-TEES OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT INCLUDING RESTAURANT, RIVERSIDE WALKWAY AND EMERGENCY ACCESS.
RESOLVED that planning application 07/2360/OUT be approved subject to the applicant entering into a Section 106 Agreement in accordance with the Heads of Terms below and the conditions: In the event of there still being outstanding matters with the legal agreement by 6th November 2007 that the application be refused. SECTION 106 AGREEMENT Heads of Terms School Places 1. The rate of contribution required from developers for school places would be £8,000 x 0.26 = £2,080 per family home. (i.e. homes with two or more bedrooms). Payment of developer contributions should be made at the commencement of development. The calculation to reflect a discount of £8,000 per vacant place in St. Cuthberts, Bowesfield and Oxbridge Lane Primary Schools as recorded within the Annual School Census current at the time payment is due, subject to a pro-rata allocation of this discount amongst other planned development within the local area (Planned developments being proposed residential developments which have at least reached the planning application stage). Local Authority to provide within one month of a request being made its confirmation of the applicable discount by reference to the Annual School Census and specific details of other developments to benefit from the discount. Contribution to be held in an interest-bearing account. Payment to be used for the purposes identified within 5 years of payment being made or otherwise returned together with the interest accrued. 2. A commuted lump sum of £22,000 for the provision of public transport infrastructure. 3. A commuted lump sum of £87,000 by way of a contribution towards improvements to land adjacent South Stockton Link Road. 4. A commuted lump sum of £15,200 for improvements to the riverside footpath/cycleway including river retention as required. 5. A commuted lump sum based on calculation for the maintenance of trees and soft landscaping in the adopted highway. 6. Provision for Public Art either by way of commuted lump sum or provision by the developer to a value of 1% of the total cost of the construction of the buildings within the development. Such total cost to be calculated using, in relation to the cost of construction of residential dwellings, the average construction cost of the residential dwellings; and in respect of non-residential buildings the actual basic construction cost of each such building. Conditions: 1. The development hereby approved shall be carried out in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority. Plan Reference Number Date on Plan Pod-sw-o-001-12-01 26 June 2007 Pod-sw-o-001-10-03 18 July 2007 2. 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. 3. Approval of details of the appearance of the buildings and layout of the site shall be in accordance with the details of the scheme to be submitted to and approved by the Local Planning Authority before the development commences. 4. 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. 5. The development shall be implemented in general conformity with the approved Illustrative Built Form Masterplan and Design and Access Statement submitted with the planning application unless otherwise agreed in writing by the Local Planning Authority. Nothing in this consent shall be construed as authorising the illustrative details submitted with the application other than the means of access and scale for which approval was sought. 6. The total amount of residential units as authorised by this permission shall not following the issue of the permission hereby granted exceed 118 dwellings. 7. 15% of the residential units hereby approved shall be affordable and provided in the form of shared ownership and/or shared equity. As part of an application for reserved matters, details shall be submitted for approval of the Local Planning Authority of a scheme for the provision of affordable housing on the site. The submitted scheme shall include details of the following, as appropriate: i) the delineation of the area or areas of the site upon which the affordable dwellings will be constructed; ii) the type and size of affordable dwellings to be provided; iii) the arrangements the developer shall make to ensure that such provision is affordable for both initial and successive occupiers; iv) the phasing of the affordable housing provision in relation to the provision of open market housing on the site; v) Occupancy criteria and nomination rights in relation to identified housing need. 8. Prior to the occupation of the development hereby approved an emergency access for the development shall be constructed in accordance with a detailed scheme to be submitted and approved in writing by the Local Planning Authority. 9. Development shall not be commenced until details of the lighting columns, light colour and luminance, including the arrangements for the riverside and parking courts, have been submitted and approved in writing by the Local Planning Authority. 10. Notwithstanding the submitted information a Residential Travel Plan shall be submitted to the Local Planning Authority and approved in writing prior to commencement of the development. The Plans shall establish clear targets and procedures for monitoring and review of such targets and implementation timetable. The Plans shall be implemented as approved. 11. 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), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the local planning authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority 1. A desk study identifying: all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for an assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and risk assessment (2) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken. 4. A verification report on completion of the works set out in (3) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting. Any changes to these agreed elements require the express consent of the Local Planning Authority. 12. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with. 13. Piling or any other foundation designs using penetrative methods will not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. 14. No development shall take place until a scheme for the boundary treatment adjacent to the River Tees has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be completed in accordance with the approved plans prior to the substantial completion of the development. 15. Notwithstanding the submitted information details of the proposed riverside retention including calculations and maintenance shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. These works shall be completed in accordance with the approved scheme. 16. Finished floor levels shall be set at 5.1 m AOD plus 600m freeboard unless otherwise agreed in writing with the LPA. 17. The proposed development is situated within 250 metres of an old landfill site. No development approved by this permission shall be commenced until the site is investigated 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 Any necessary remediation to be carried out in accordance with an approved method statement to be agreed in writing with the Local Planning Authority. 18. 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. 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. 19. No development shall take place unless in accordance with the mitigation detailed within the protected species report, (An Extended Phase 1 and Protected Species Survey of Land at Boathouse Lane Stockton on Tees, E3 Ecology 21/11/2006). 20. Development shall not be commenced until the Local Planning Authority has approved in writing the details of arrangements for the setting out of the Public Open Space within the site by the developer, as part of the development, and such arrangements shall address and contain the following matters: A) The delineation and siting of the proposed public open space B) The type and nature of the facilities to be provided within the public open space C) The arrangements the developer shall make to ensure that the Public Open Space is laid out and completed during the course of the development D) The arrangements the developer shall make for the future maintenance of the Public Open Space E) The open space shall be completed in accordance with the approved scheme and phasing arrangements as agreed under part C) above. 21. Details of all external finishing materials including roads and footpaths and all hard landscaped areas shall be agreed with the Local Planning Authority before the development is commenced. 22. Notwithstanding the provisions of classes A, B, C, D and E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (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. 23. All means of enclosure including any requirement for earthwork retention and street furniture associated with the development shall be submitted to and approved in writing by the Local Planning Authority before the development commences. Such means of enclosure, retention and street furniture as agreed shall be erected before the development hereby approved is occupied. 24. Notwithstanding the submitted plans a detailed scheme for landscaping and tree and/or shrub planting and grass including planting and construction techniques for pits in hard surfacing and root barriers shall be submitted to and approved in writing by the Local Planning Authority before the development authorised or required by this permission is commenced. Such a scheme shall specify stock types, stock sizes and species, planting densities, inter relationship of planting, layout contouring, drainage and surfacing of all open space areas. The 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 prior attained size and species unless the Local Planning Authority gives written consent to any variation. 25. A hard and soft landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. 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. 26. Further details of the paving, lighting, and riverside fencing, footpath construction and materials relating to the Riverside Walkway and their future maintenance shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development. The works shall be carried out as approved prior to the substantial completion of the development. 27. Prior to the dwellings being occupied, facilities for secure and covered cycle parking shall be provided on the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Such facilities will be retained for the purposes of parking cycles. 28. Prior to the commencement of development, details of the existing and proposed levels of the site including the finished floor levels of the buildings to be erected and any earth retention measures (including calculations where such features support the adopted highway) shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 29. No live entertainment or use of amplification equipment shall be permitted within the Restaurant curtilage unless evidence is provided to the reasonable satisfaction of the Local Planning Authority, to demonstrate that the Restaurant is adequately attenuated to prevent nuisance to local residents and the written confirmation of the Local Planning Authority has first been obtained. 30. The opening hours of the Restaurant shall be solely between the hours of 8am and 11pm and the premises and its curtilage shall be vacated outside that period. 31. Before the use commences, any living rooms or bedrooms with windows affected by traffic noise levels of 68 dB(A) L10 (18 hour) or more (or predicted to be affected by such levels in the next 15 years) shall be insulated in accordance with a scheme approved by the Local Planning Authority for the protection of this proposed accommodation from road traffic noise. 32. Before the commencement of the development hereby permitted, a noise assessment and scheme for the protection of the proposed dwellings from noise from the adjacent commercial units shall be submitted to and approved in writing by the Local Planning Authority. All works, which form a part of such a scheme, shall be completed before any of the permitted dwellings are occupied. Such a scheme shall provide for acoustic fencing and mounding, acoustic double-glazing and mechanical ventilation to first floor bedrooms as necessary. 33. Before the use commences, any living rooms or bedrooms with windows affected by railway noise levels in excess of 65 dB(A) (LAeq) (measured at a point 1 metre from the facade of any dwelling) between 07.00 and 22.00 hours or 60 dB(A) (LAeq) between 22.00 and 07.00 hours, the developer shall insulate the dwellings in accordance with a scheme approved by the Local Planning Authority for the protection of this proposed accommodation from rail traffic noise. 34. Details of a ventilation and fume extraction system, suitable for all hot takeaways uses within class A3, including a full technical specification by a suitably qualified technical professional person, specifying the position of ventilation, fume or flue outlet points and the type of filtration or other fume treatment, to be installed and used at the Restaurant premises in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority and shall be installed before the development hereby permitted commences and thereafter by retained in full accordance with the approved details. The ventilation and extract system shall be operated and maintained in accordance with the manufacturers recommendations including the frequency of replacement of any filters. 35. The drainage system to the Restaurant premises shall be provided with a suitable grease trap so as to prevent the discharge of grease into the public sewer. 36. Prior to the commencement of development A Road Safety Audit in line with national guidance, should be undertaken in order to inform the Highway Authority on the safe operation of the proposed development, and shall be submitted to and agreed by the Local Planning Authority. The findings of the report will be implemented as approved. Councillor Rix declared a personal/non-prejudicial interest in the above item due to being a member of the Ramblers Association.
P 84/07
07/2437/OUT LAND AT URLAY NOOK, URLAY NOOK ROAD, EAGLESCLIFFE OUTLINE APPLICATION FOR INDUSTRIAL ESTATE COMPRISING THE ERECTION OF B2 AND B8 USE CLASS UNITS AND ASSOCIATED MEANS OF ACCESS.
RESOLVED that planning application 07/2437/OUT be refused for the following reason(s):- 1. Insufficient information has been provided in respect of a travel plan framework, trip rates, traffic routeing, network capacity and design, vehicle and cycle parking, and manoeuvring to enable a full assessment of the proposal in respect of the likely impacts on access and highway safety, contrary to policies GP1, TR15 and Supplementary Planning Document 3: Parking Provision for New Developments 2. Insufficient information has been provided in order to assess the likely impact of the proposal on protected species and nature conservation interests contrary to policy GP1 of the adopted Stockton on Tees Local Plan and advice given in Planning Policy Statement 9 Biodiversity and Geological Conservation. 3. Insufficient information has been provided in respect of the level and detail of the impact of the development upon Public Right of Way Footpath No 7 to enable an assessment of the impact of the development on that Public Right of Way contrary to Policy GP1 of the adopted Stockton on Tees Local Plan. 4. Insufficient information has been provided in respect of surface water drainage to enable an assessment of the impact of the development on water resources contrary to advice given in Planning Policy Statement 25: Development and Flood Risk 5. In the opinion of the Local Planning Authority, the proposed development would by virtue of the layout and scale would have an unacceptable visual impact contrary to policies GP1 and IN2 of the adopted Stockton on Tees Local Plan. 6. In the opinion of the Local Planning Authority, the proposed development does not adequately provide for contributions to public transport facilities and traffic regulation orders (weight limit restriction) contrary to Policy GP1 of the Stockton on Tees Local Plan. 7. Insufficient information has been provided in respect of the likely impact of the proposal on the development objectives for the Durham Tees Valley Airport to enable an assessment as to adverse or otherwise impact at the Durham Tees Valley Airport, contrary to the policy objectives of emerging Policy 18 of Regional Spatial Strategy and Policy TR21 of the Adopted Stockton on Tees Local Plan. Councillor Mrs Rigg declared a personal/non-prejudicial interest in the above item due to being a member of the Tees Valley Wildlife Trust and Egglescliffe and Eaglescliffe Parish Council.
P 85/07
07/2403/FUL 5 SPRINGFIELD AVENUE, STOCKTON TWO-STOREY EXTENSION TO SIDE, SINGLE STOREY TO REAR AND NEW ACCESS.
RESOLVED that planning application 07/2403/FUL be approved with conditions subject to:- 1. The development hereby approved shall be in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority. Plan Reference Number Date on Plan 1A 13 August 2007 SBC0001 10 August 2007 1 10 August 2007 1B 25 September 2007 2. Construction of the external walls and roof shall not commence until details of the materials to be used in the construction of the external surfaces of the structures hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 3. Prior to the development, hereby approved, being brought into use, the proposed hard standing parking area shall be provided, in accordance with the details indicated on approved plan 1B. The proposed parking shall then be retained for the life of the development.
P 86/07
07/2319/ARC BISHOPSGARTH COTTAGES, DARLINGTON BACK LANE, STOCKTON APPLICATION UNDER SECTION 73 TO AMEND CONDITION NO.2 (APPROVED PLANS) OF PLANNING APPROVAL 06/0461/REV
RESOLVED that planning application 07/2319/ARC be deferred until members of Planning Committee have made a site visit and that the application be placed before the next available planning committee for determination following the site visit.
P 87/07
ALTERATION TO THE SCHEME OF DELEGATION AND COMMITTEE SITE VISITS
RESOLVED that a special Planning Committee meeting be arranged to discuss the alteration to scheme of delegation and committee site visits report.
P 88/07
PLANNING PERFORMANCE
RESOLVED that the quarterly performance report be noted.
P 89/07
DRAFT PLANNING GUIDANCE ON THE VALIDATION OF PLANNING APPLICATIONS
RESOLVED that:- 1. Officers consult on the Validation of Planning Applications as detailed in the report. 2. The results of the consultation and analysis of representations made be duly considered and reported back to the Planning Committee for formal resolution and adoption of the local list.
P 90/07
1. APPEAL - MANDALE COMMERCIAL - 30 DOVECOT STREET STOCKTON-ON-TEES TS18 1LN - 06/3800/COU - DISMISSED
RESOLVED that the information be noted.