Agenda item

Consideration was given to planning application 23/088/OUT Land off Stoney Wood Drive, Wynyard, TS22 5SN.

 

At the Planning Committee meeting on the 10 April 2024, Members deferred the decision for the planning application in order to address outstanding concerns in respect of ecology, given the information contained within the submitted ecology report.

 

In the intervening period, further survey work had been conducted on-site by suitably qualified ecologists to update the report and clarify the outstanding ecological matters.

 

Those surveys confirmed the original findings that the site was of low ecological value and no further survey work was required to be completed.

 

All material planning considerations remained as outlined within the original committee report unless otherwise addressed within the Officers report and the matter was referred back to Planning Committee to make a decision on the merits of the scheme following the additional ecological information.

 

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 proposed development would remain consistent with the Local Plan for the reasons as detailed within the report.

 

On balance the scheme was considered to remain a sustainable location and in view of the other material considerations outlined in the original report, was acceptable in planning terms.

 

The Applicants Agent attended the meeting and was given the opportunity to make representation. Their comments could be summarised as follows:

 

. Since the previous Planning Committee meeting where Members were minded to defer the application requesting further clarification of the ecological report. This had now been updated following a survey which was carried out during April 2024. The original conclusion remained the same, and there was no additional impact on the site. It was also confirmed that the site had low ecological value and there were no protected species recorded.

 

. There had been no technical objections from statutory consultees relating to ecological matters.

 

. The trees that had been removed from the site were done so due to storm damage, however other trees remained on the site.

 

An objector attended the meeting and was given the opportunity to make representation. Their comments could be summarised as follows:

 

. The original planning application 13/0342/EIS for the Wynyard Village Extension was approved with a maximum of 500 homes. A further planning application, 20/2408/EIS was approved for 130 houses, and as well as the proposed application for 2 dwellings, there was a further application 22/2579/FUL for 135 houses for consideration today. If all proposed developments gained approval that would increase the original plan from 500 to 767 homes.

 

. The proposed 2 dwellings sat at the red line edge of the original outline application which was granted for 500 homes. The land should remain as public open space.

 

. At the previous Planning Committee meeting held 10 April 2024, Members requested that further ecological work be undertaken. The type of survey required should have been carried out between the months of June and September, however this was undertaken during the month of April, how could this be considered suitable for a planning application.

 

. Objectors were aware of tree felling on the site.

 

. It was believed that the proposed plots had already been advertised and sold without planning permission being granted.

 

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

 

. The 2 proposed dwellings did not breach the original outline consent.

 

. Officers confirmed the 2 dwellings were being built on woodland which was not open space and therefore acceptable to develop as set out within the main report.

 

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

 

. The plans did not make clear the density of the dwellings.

 

. The site appeared to be a buffer zone.

 

. Amenity of neighbouring homes would be affected.

 

. Concerns were raised relating to the trees which had been felled prior to planning approval and were felled partly to make way for access as confirmed by the applicant’s agent.

 

 . Why were the trees felled prior to the application being presented at Planning Committee.

 

. The site which officers identified as woodland was considered open space.

 

. Lessons should have been learned from continuous building in Ingleby Barwick.

 

. The application was a deviation from the Wynyard Masterplan.

 

. Concerns were raised relating to drainage plans.

 

. The proposed application had been deferred at the Planning Committee meeting held on 10 April, however the reason for deferral had not fully been addressed. The ecology survey which had been requested was undertaken outside of the usual timeframe required for carrying out such surveys, therefore how could Members make a decision?

 

. Clarity was sought as to whether the original plan was for 1 property, however since the moving of the watercourse and felling of the trees this had increased to 2.

 

. This should have been a full application.

 

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

 

. In terms of loss of character and impact on the surrounding area, there was an element of tree planting which was retained and there would be additional planting, and for those reasons officers felt the scheme would be in keeping with the aesthetics of Wynyard.

 

. Officers acknowledged it would have been helpful if the this was a full application.

 

. There was a condition to control drainage and the diversion of the watercourse would not affect that.

 

. Officers felt there was no reason to question the ecology report.

 

A vote took place, and the application was approved.

 

RESOLVED that planning application 23/0888/OUT be approved subject to the following conditions and informatives;

 

01 Time Period

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.

 

02 Approved Plans

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

 

Plan Reference Number                                                                 Date Received

CPT_320_SELF_BUILD_PL03                                                     25 March 2024

CPT_320_SELF_BUILD_PL02_B                                                8 February 2024

CPT_320_SELF_BUILD_PL10                                                     8 February 2024

CPT_320_SELF_BUILD_RED_LINE_A3L_PL01_1 REVC     8 February 2024

 

03 Reserved Matters Details

Details of the access, appearance, landscaping, layout, and scale of each phase of the development, (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before development of the phase concerned begins, and the development shall be carried out as approved.

 

04 Reserved Matters Submission

An application for the approval of reserved matters shall be made to the Local Planning authority not later than three years from the date of this permission.

Reason: By virtue of the provisions of Section 92 of the Town and Country Planning Act 1990.

 

05 Design Code

Notwithstanding the submitted Design Code prior to the submission of a Reserved Matter Application a revised design code shall be submitted to and approved in writing by the Local Planning Authority. The revised design code shall provide clear guides as to scale and massing to consider minimum and maximum eave and ridge height, clear build zone to include front and side build zones, placement of detached garages, landscaping both hard and soft and boundary treatments. Thereafter the Reserved Matters applications shall comply with the design Code.

 

06 Buffer Landscaping

No development shall commence until a structure plan with full details of a buffer landscaping scheme to the eastern boundary of the site has been submitted to and been approved in writing by the Local Planning Authority.

 

The associated scheme will include a detailed planting plan and specification of works (including associated underplanting) indicating soil depths, plant species, numbers, densities, locations inter relationship of plants, stock size and type, grass, and planting methods including construction techniques for tree pits in hard surfacing and root barriers. All works shall be in accordance with the approved plans.

 

All existing or proposed utility services that may influence proposed tree planting shall be indicated on the planting plan. The scheme shall be completed in the first planting season following commencement of the development and shall be completed to the satisfaction of the Local Planning Authority. The landscape buffer shall thereafter be retained and maintained in accordance with the agreed scheme for the life of the development.

 

07 Tree Protection

Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans no development shall commence until an Arboricultural Method Statement and Treen Protection Plan is approved in writing by the Local Planning Authority. This must be in close accordance with:

 

1. BRITISH STANDARD 5837:2012 Trees in relation to design, demolition and construction – Recommendations

 

2. BRITISH STANDARD 3998:2010 Tree Work – Recommendations

 

3. 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.

 

08 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.

 

09 Site Levels

Prior to the commencement of the 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.

Reason: To ensure that earth-moving operations, retention features and the final landforms resulting are structurally sound, compliment and not detract from the visual amenity or integrity of existing natural features and habitats.

 

10 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 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.

 

11 Surface and Foul Water Drainage

The development hereby approved shall not be commenced on site, until a scheme for the implementation, maintenance and management of a Suitable Surface Water Drainage Scheme and a foul water drainage scheme have 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 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.

 

12 Construction Hours

No construction/demolition works, or deliveries 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.

 

13 Open Access

Open access ducting to facilitate fibre and internet connectivity shall be provided from the homes to the public highway.

 

14 Ecology

All ecological mitigation measures shall be carried out in accordance with the recommendations and mitigation (sections 6.1, 6.2, 6.3 and 6.4) within the submitted ecological appraisal conducted by OS Ecology LTD received by the Local Planning Authority on the 23rd April 2024.

 

15 Ecology Checking Survey

If work does not commence within 2 years from the date of the submitted 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

 

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 seeking a revised scheme to overcome issues and by the identification and imposition of appropriate planning conditions.

 

Informative: Tree Standards

The following British Standards should be referred to:

 

a. BS: 3882:2015 Specification for topsoil

b. BS: 8545:2014 Trees: from nursery to independence in the landscape – Recommendations

c. BS: 8601:2013 Specification for subsoil and requirements for use

d. BS: 5837 (2012) Trees in relation to demolition, design and construction –Recommendations

e. BS: 3998:2010 Tree work – Recommendations

f. BS: 7370-4:1993 Grounds maintenance part 4. Recommendations for maintenance of soft landscape (other than amenity turf).

g. BS: 3936-1:1992 Nursery Stock - Part 1: Specification for trees and shrubs

h. BS: 4428:1989 Code of practice for general landscaping operations (excluding hard surfaces)

i. BS: 4043:1989 Recommendations for Transplanting root-balled trees

 

Informative: Northern Gas Networks

There may be apparatus in the area that may be at risk during construction works and NGN require the promoter of these works to contact NGN directly to discuss their requirements in detail. Should diversionary works be required these will be fully chargeable.

 

Informative: In a Smoke Control Zone

As the property 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: Noise from construction activities

Compliance with the recommendations set out in BS5228:2009+A1:2014 ‘Code of practice for Noise and Vibration Control on Construction and Open Sites’ including measures to control and limit noise emissions and vibration levels should be complied with to the satisfaction of the Local Authority. Noise levels will not exceed 55 dB LAeq (1 hr) during the daytime (07:00 – 23:00); or 45 dB LAeq (1 hr) during the night-time (23:00 – 07:00); or 60 dB LAmax (15 mins) during the night-time (23:00 – 07:00) as determined by measurement or calculation at free field locations representing facades of nearby residential dwellings. In relation to the effects of construction vibration upon the surroundings, the Peak Particle Velocity (PPV) should be less than 0.5 mm/s, measured using BS 5228 2009, Part 2: Vibration (BSI, 2014v).

 

Informative: Dust Emissions

A scheme should be provided to control dust emissions, such as dampening down, dust screens and wheel washers to prevent mud being tracked onto the highway. Mobile crushing and screening equipment shall have any appropriate local authority PPC permit required and a copy of this permit available for inspection

 

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.