Agenda item

Consideration was given to planning application 23/0046/OUT Playing Field South of Charlton Close, Greenwood Road, Billingham.

 

Outline planning permission was sought for up to 30,193 sq metres of B2/B8 employment floorspace with all matters reserved other than access on land to the South/Southeast of Charltons Close in Billingham. Access to the site was to be taken from Greenwood Road and the development was to be a maximum two storeys in height.

 

Planning permission was approved for exactly the same development on the 28th February 2020. That permission had now expired.

 

The consultees that had been notified and the comments that had been received were detailed within the main report.

 

Neighbours were notified and the comments received were detailed within the main report.

 

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

 

The Planning Officers report concluded that it was considered that the application would bring forward sustainable development on an unused area of land within the established urban area and whilst not in complete accordance with the specific policies in the local plan, the development would accord with the NPPF and the local plan in terms of sustainable development and the reuse of land. For this reason and the specific constraints of the site the principle of development was considered acceptable.

 

It was recommended that the application be Approved with Conditions for the reasons as specified within the main report.

 

Members were given the opportunity to ask questions / make comments. These could be summarised as follows: -

 

. Questions were asked as to exactly what would be going on the site and what employment opportunities would be on offer.

 

. Concerns were highlighted relating to the impact on local wildlife and the nature reserve located behind Carltons Pond.

 

. In terms of the proposed Construction Management Plan, it was asked that if the application was to be approved could a condition be included limiting the weight of Heavy Goods Vehicles (HGV’s) to 7.5 tonnes on Greenwood Road.

 

. There were current ongoing issues with HGV’s on Marsh House Avenue which needed addressing.

 

. Officers were asked to explain the benefits of the application, as it was not currently in line with Stockton’s Local Development Plan and to clarify which policies it departed from, in particular policy T12.

 

. Questions were also raised as to why the title of the application referred to a Playing Field.

 

. Concerns were raised relating to the reserved matters stage, in terms of what would happen, if outline planning was granted today, and future proposals at the reserved matters stage were not considered acceptable by the Planning Committee.

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows: -

 

. The Application was an outline planning application and until the reserved matters details of the site was known the suggested 7.5 tonne weight limit on Greenwood Road may not be required.

 

. The Principal Engineer for Highways, Transport and Design informed Members that Officers were currently looking at weight restrictions on various roads within the vicinity of the proposed application site as well as Greenwood Road at the request of Councillor Paul Weston, however at this moment it was not known if this would be suitable.

 

. A preferred HGV route could form part of an Operational Management Plan which could be secured by condition.

 

. In terms of concerns raised relating to wildlife, it was possible there could be additional concerns / mitigation required relating to the impact on outline planning permission which lasted for 3 years with reserved matters lasting up to a further 2 years, therefore it would be best to condition additional surveys so that appropriate mitigation could be secured at a later stage when the impact on wildlife and required mitigation would more accurate.

 

. Officers confirmed that the planning Policy to consider for the proposed application was (SD4), where there was a series of sites allocated for employment. In 2019 there had been a study undertaken on these sites which was a different offer. The proposed site was considered acceptable and in a sustainable location. The land was private and did not belong to the Local Authority and was not designated open space. The application was not going away from the Local Plan this was additional land being brought forward and Members were being asked to agree the use of the land.

 

. The type and level of employment was not known at this stage other than B2/B8.

 

. The land was privately owned and was meant to be gifted to the Council however the offer was revoked, the word Playing Field was on the address of the land, hence why it was used within the title of the application.

 

. Officers explained that if Members were minded to approve the application, it would be restricted to B2/B8. The application wouldn’t have to come back to Committee following today’s approval however if Ward Councillors requested or objections were received following consultation then it could come back for Members of the Planning Committee to consider at the reserved matters stage.

 

. Officers informed Members that if they were minded to approve the application then an additional operational management plan could be conditioned.

 

A vote took place, and the application was approved with the additional operational management plan condition as detailed below.

 

RESOLVED that That planning application 23/0046/OUT be approved subject to the following conditions and informatives;

 

1 Approved Plans

The development hereby approved shall be in accordance with the following approved plan(s);

 

Plan Reference Number     Date Received

2017-001E                            10 January 2023

JN1825-DWG-0002E          10 January 2023

 

2. 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.

 

3. Reserved Matters – Details

Notwithstanding the submitted plans, approval of the details of the Appearance, Landscaping and Layout 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.

 

4. 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.

 

5. Tree Protection

As part of the reserved matters for landscaping an Arboricultural Method Statement and Tree Protection Plan shall be submitted and no development shall commence until this is approved. This must be in close accordance with BS5837: 2012 Trees in relation  to  design, demolition and construction – Recommendations and NJUG Guidelines For The Planning, Installation And Maintenance Of Utility Apparatus In Proximity To Trees (Issue 2) – Operatives Handbook 19th November 2007. 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.

 

6. Maintenance – Softworks

As part of the reserved matters for landscaping full details of proposed 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 publicly accessible land, long term design objectives, management responsibilities and maintenance schedules for all landscape areas/ retained vegetation, 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.

 

7. Construction Environmental Management Plan

No part of the development hereby approved shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall set out, as a minimum, site specific measures to control and monitor impact arising in relation to noise and vibration, dust and air pollutants, land contamination, ecology. It shall also set out arrangements by which the developer shall maintain communication with businesses in the vicinity of the site, and by which the developer shall monitor and document compliance with the measures set out in the CEMP. The development shall be carried out in full accordance with the approved CEMP at all times.

 

8 Construction Traffic 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:

(5) the site construction access(es)

 

(ii) the parking of vehicles of site operatives and visitors;

 

(iii) loading and unloading of plant and materials including any restrictions on delivery times;

 

(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, including but not limited to wheel washing facilities and the use of mechanical road sweepers operating at regular intervals or as and when necessary, to avoid the deposit of mud, grit and dirt on the public highway 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 HGVs routing including any measures necessary to minimise the impact on other road users;

 

(x) measures to protect existing footpaths and verges; and

 

(xi) a means of communication with local residents.

The approved Construction Management Plan shall be adhered to throughout the construction period.

 

9. Access and Egress

No development shall take place (except for the purposes of constructing the initial site access) until that part of the access(es) 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.

 

10. Operational Management Plan

No building hereby approved shall be occupied until an Operational Management Plan for that building has been submitted to and approved in writing by the Local Planning Authority. Each Operational Management Plan shall specify the predicted trip generation and HGV/traffic  routing  for the building giving full consideration to the figures within the Transport Assessment which have been assessed and accepted. All buildings within the site shall operate in accordance with the approved Operational Management Plan. No deviation shall be made from the approved Operational Management Plans without the prior written approval of the Local Planning Authority.

           

 

11. Travel Plan

Prior to the development being brought into use, a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. This shall include:

 

(i) the appointment of a travel co-ordinator

(ii) a partnership approach to influence travel behaviour

(iii) measures to encourage the use of alternative modes of transport other than the private car by persons associated with the site

(iv) provision of up-to-date details of public transport services

(v) continual appraisal of travel patterns and measures provided through the travel plan

(vi) improved safety for vulnerable road users

(vii) a reduction in all vehicle trips and mileage

(viii) a programme for the implementation of such measures and any proposed physical works

(ix) procedures for monitoring the uptake of such modes of transport and for providing evidence of compliance.

(x) Commitments to monitor and review staff car parking provision and usage within the site.

 

The approved Travel Plan shall be implemented, and the development shall thereafter be carried out and operated in accordance with the approved Travel Plan.

 

12. Discharge of Surface Water

The development hereby approved shall not be commenced on site, until a scheme for ‘the implementation, maintenance and management of a Sustainable Surface Water 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; (for each phase of the development).

II. A build programme 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 the construction phase;

IV. Details of adoption responsibilities.

 

13. Discharge of Foul and Surface Water

The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) Rev 002 dated 23rd August 2023.

 

14. Implementation of the Drainage Scheme

The building hereby approved shall not be brought into use until:-

 

I. Requisite elements of the approved surface water management scheme for the development, or any phase of the development are in place and fully operational to serve said building

 

II. As built drawings of all Suds features have been submitted and approved in writing by the Local Planning Authority, the drawings should highlight all site levels, including the 30year and 100year+cc flood levels and confirmation of storage capacity

 

III. A Management and maintenance plan of the approved Surface Water Drainage scheme has been submitted and approved in writing by the Local Planning Authority, this should include the funding arrangements and cover the lifetime of the development

 

15. Excavations – Railway

Development shall not commence until a construction methodology has been submitted to and approved in writing by the Local Authority. The construction methodology shall demonstrate consultation with the Asset Protection Project Manager at Network Rail. The development shall thereafter be carried out in accordance with the approved construction methodology unless otherwise agreed in writing by the Local Planning Authority.

 

16. Scheme for Illumination

Details of the external appearance of all new external lighting of the buildings, roads and car park areas, including colour and luminance shall be submitted to and agreed in writing with the Local Planning Authority before such lighting is erected. Any temporary or permanent lighting shall be arranged to ensure that lighting does not adversely affect the nearby residential properties. The lighting shall be installed in accordance with the agreed details and be in place prior to occupation.

 

17. Energy Efficiency

Prior to the erection of any buildings, an Energy Statement shall be submitted to and approved in writing by the Local Planning Authority. The statement shall identify the predicted energy consumption, the associated CO2 emissions and how the energy hierarchy has been applied to the development, including an investigation into the feasibility and viability of connection to decentralised energy networks for heat and power and the achievement of a “Very Good” BREEAM (or equivalent) rating for the scheme. The statement shall set out the feasibility and viability of achieving a minimum 10% reduction in CO2 emissions from the development, over and above current Building Regulations Part L requirements, or a minimum of 10% of the total predicted energy requirements of the development will be generated from renewable energy sources. Development shall be carried out thereafter in a manner that incorporates any feasible and viable measures identified.

 

18. Ecology and mitigation (updated surveys)

 As part of the reserved matters application a new Ecological Impact Assessment shall be submitted and approved in writing by the local planning authority. The EIA shall include the results of all the required surveys and proposed mitigation measures for consideration.

 

19. Ecology Survey

Notwithstanding the recommendations contained in the submitted Ecological impact Assessment should work not commence within 2 years from the date of the revised ecology survey, a maximum of three months before works commencing on site a suitably qualified ecologist shall undertake a checking survey to ensure that no protected species or their habitat are present on site. The results of the survey shall be submitted and approved in writing by the local planning authority and identify any additional or revised mitigation measures required.

 

20. Habitat and wildlife

As detailed in BS 3998:2010 Prior to work commencing, trees and its surroundings should be assessed for the presence of protected species, some of which are subject to season- specific legislation. Any works should be planned so as to limit their potential adverse impact on wildlife generally. The timing of works should take account of the seasonal cycles of the species of fauna and flora concerned (including the nesting habits of birds and the egg-laying habits of insects).

 

21. Buffer Zone

Prior to the commencement of development, a scheme for the provision and management of a suitably sized buffer zone alongside Charlton's pond is to be submitted and approved in writing by the Local Planning Authority. The buffer zone scheme shall be free from built development including lighting, gardens and formal landscaping. The scheme shall include:

 

• Plans showing the extent and layout of the buffer zone

 

• Details of any proposed planting scheme (for example, native species)

 

• Details demonstrating how the buffer zone will be protected during

development and managed over the longer term including adequate

financial provision and named body responsible for management plus production of a detailed management plan

 

• Details of any proposed footpaths, fencing, lighting, etc.

Thereafter, the development shall be carried out in accordance with the approved scheme.

 

22. Biodiversity Net Gain;

Notwithstanding the submitted plans, prior to the commencement of the new development hereby permitted a Biodiversity Gain Plan shall be submitted for approval in writing by the Local Planning Authority. The Biodiversity Gain Plan must contain, information about the steps that will be taken to minimise any adverse effect of the development on the biodiversity of the onsite habitat, and the site's pre and post-development biodiversity  value, and how these gains will be incorporated within the landscaping details submitted as part of any reserved matters application. The works shall be implemented in accordance

with the agreed details and any phasing programme. Such measures shall be retained thereafter for the lifetime of the development.

 

23. Noise disturbance from adjacent premises

Before the commencement of the development or as part of the reserved matters application, a scheme for the protection of nearby residential dwellings from noise from the proposed industrial units, including any plant or machinery, 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 the occupation of the development hereby permitted. An assessment by a noise consultant will be necessary in order to establish where or whether acoustic protection is required.

 

24.Operating Hours

The premises hereby approved shall not be open for business outside the hours of 7.30am – 7.00 pm unless otherwise agreed in writing with the local planning authority.

 

25. 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.

 

26. 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.

 

27. Employment and Training

The development hereby approved shall not commence until details of a Training and Employment Management Plan, has been submitted to and approved in writing by the Local Planning Authority. The plan will aim to promote training and employment opportunities at all stages of the development for local people and include:

 

Measures to ensure the owner and contractors work directly with local employment and training agencies;

 

Targets for employing local labour

 

Details of how services and materials used in the development are provided by Businesses within the Target Areas

 

Reasonable steps to procure that any contractor and / or subcontractor nominate an individual to liaise with the Principal Employability Officer.

 

Targets for work experience opportunities

 

Measures to provide training opportunities in respect of any new jobs created

 

Requirements to submit monitoring information on the plan at regular intervals to the Local Planning Authority

 

The development shall be carried out in accordance with the agreed plan and any amendments to the plan shall be agreed in writing with the local planning authority.

 

28. Health and Safety Executive

All buildings located fully or partly within the Inner HSE Consultation Distance of CF Fertilisers UK Limited (HSE Ref: H0389a) shall be occupied by less than 100 persons in total in each building and shall have less than 3 occupied storeys.

 

29. Footpath Linkages

The development hereby approved shall not commence until the local planning authority has approved in writing a full scheme of works for improvement to the footpath links to and around Charltons pond. The details shall include;

 

(i)         Full details of the footpath route

 

(ii)        Construction details,

 

(iii)       Details of fencing to avoid disturbance to the pond and bird sancturary

 

(iv)       programme for installation of the new footpath connection to Charlton’s Pond.

 

The occupation of the development shall not begin until those works have been completed in accordance with the local planning authority’s approval and have been certified in writing as complete by or on behalf of 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: 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)        management of planting

 

Informative: Flood Risk Management

If site levels are to be raised to achieve a gravity connection to the surface water sewer, careful consideration is needed with regards to the affect raising of the levels will have on existing surface water flows from adjoining land. Surface water runoff from the proposed development must be contained within the boundary of the site and not affect neighbouring sites.

 

Informative: Northumbrian Water

A public sewer crosses the site and may be affected by the proposed development. Northumbrian Water do not permit a building over or close to their apparatus. NWL will work with the developer to establish the exact location of our assets and ensure any necessary diversion, relocation or protection measures required prior to the commencement of the development. Further information is available at https://www.nwl.co.uk/services/developers/

 

Informative: Network Rail

Network Rail have identified numerous issues in their response which will need to be considered before commencement of work and information for occupiers of the site on prohibited works and railway safety should be included in a welcome pack. Contacts are detailed below

For enquiries, advice and agreements relating to construction methodology, works in proximity to the railway boundary, drainage works, or schemes in proximity to railway tunnels (including tunnel shafts) please email [email protected].

Land Information - For enquiries relating to land ownership enquiries, please email [email protected].

Property Services - For enquiries relating to agreements to use, purchase or rent Network Rail land, please email [email protected].

 

Informative: In a Smoke Control Zone

As the area is within a smoke control area the occupant is to comply with the following:

 

- Only burn authorised fuels- a list of  these can be found on the following link http://smokecontrol.defra.gov.uk/fuels.php?country=e

 

- Certain types of coal and wood can be burnt in smoke control areas but these are only to be burnt on DEFRA approved appliances; a list of these can be found on the following link http://smokecontrol.defra.gov.uk/appliances.php?country=e

 

- The appliance is to be installed by an approved contractor and certificates of the work to be submitted to the Local Authority.

 

Informative: Open burning

No waste products derived as a result of carrying out any business hereby approved shall be burned on the site. An Environmental permit from the Environment Agency for the keeping, handling and disposal of waste may be necessary.