Agenda item

Consideration was given to planning application 25/0704/FUL Land North Of Tees Valley Court, Glenarm Road, Wynyard Business Park.

 

Planning permission was sought for the erection of 243 dwelling houses with associated SUDS, open space and infrastructure works.

 

The application site was allocated for housing in the local plan and therefore the principle of development was considered acceptable.

 

The development had received 11 objections from residents and also one from the Parish Council which had been considered in full. Whilst the objections were noted, there were no sustainable planning reasons to refuse the proposed development.

 

The officers report set out the relevant material planning consideration and overall the proposal was considered to be acceptable in planning terms in all regards, subsequently it was recommended for approval subject to those conditions as detailed within the report.

 

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 the development formed part of an allocated site in the local plan. It was considered that there were material benefits arising from the proposed development and there were not any adverse impacts from the proposed development that would significantly or demonstrably outweigh the benefits when assessed against the policies in the framework taken as a whole.

 

Other material considerations had been considered in detail and the development as proposed was considered to be acceptable in terms of visual impact and highway safety, it did not adversely impact on neighbouring properties, archaeology or the ecological habitat and flooding

 

For the reasons stated and detailed in the report it was recommended that the application be Approved with Conditions and subject to the completion of a Section 106 Agreement as detailed within the Heads of Terms.

 

Objectors attended the meeting and were given the opportunity to make representation. Their comments could be summarised as follows:

 

- Concerns were raised relating to inadequate / essential infrastructure not keeping up with increased housing development.

 

- There was a lack of safe pedestrian crossings over the A689 dual carriageway to link Wynyard Park to Wynyard Village.

 

- A four-armed signalised pedestrian crossing had no pedestrian facilities at the junction of Hanzard Drive, the A689 and the Wynd, making it dangerous for pedestrians. A crossing was required before alterations begin.

 

- When would the cycle / pedestrian bridge be delivered to mitigate against the danger cyclists and pedestrians faced crossing the A689. The application should be deferred until Wynyard residents were given a date for the construction of the bridge.

 

- The S106 agreement relating to wildlife did not secure the re-homing of some species which were already habitants on the proposed site.

                       

- Concerns were also raised relating to Skylarks and their need for open space.

 

- Reference was made to the keeping of historical / ancient woodland in the proximity of the proposed site.

 

- The Forestry Commission was very clear in their submission about a 15-metre buffer zone which they felt should be extended to the adjoining woodland.

 

The applicant’s agent attended the meeting and was given the opportunity to make representation. Their comments could be summarised as follows:

 

- Wynyard was an identified major site for housing, 1100 homes across the entire allocation. These 243 homes were high quality and would contribute to the 5-year housing supply.

 

- The homes would be delivered in a timely manner, and the proposed application adhered to all necessary separation distances, SUDS and play areas. Woodland was largely maintained by extensive tree and hedge planting.

 

- Concerns relating to Biodiversity and highways had all been resolved.

 

- Any issues relating to residential amenity had been resolved and the proposed development accorded with all planning policies therefore there was no reason to refuse.

 

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

 

- The Principal Engineer for Highways, Transport and Environment acknowledged further highways mitigation was required and improvements to Hanzard Drive and Wynyard Drive both required signalised junctions which needed bringing forward.

 

- Talks were still ongoing regarding the cycle / pedestrian bridge over the A689 which officers were trying to resolve, however the costing scheme for the bridge had increased massively and a solution was trying to be sought with the developers.

 

- In terms of the Habitat Regulation Assessment (HRA), the applicant had chosen what was called a shadow HRA, where they provided their assessment of the situation. In this case, it was in relation to nutrient neutrality. The process which followed was that the council could choose to adopt the shadow HRA assessment or undertake their own. Officers explained they were satisfied with the applicants shadow HRA assessment.

 

- There would be no additional nitrogen arising from the proposed development and therefore mitigation was not required.

 

- Regarding the Forestry Commission comments, officers explained that a site visit had been undertaken and the land around the edge of the development was not considered to be characteristic of ancient woodland.

 

- There was ancient woodland within the area that was to the North and appropriate mitigation measures had been set out to avoid / reduce the impacts on the surrounding woodland habitat and that had been secured by a condition within the officer's report.

 

- Regarding concerns relating to Skylarks, it was clarified that there were two skylarks in population and as had been outlined to the Planning Committee, they did require a very particular type of habitat which, given the proposal, was very difficult to replicate on site. However, an alternative habitat had been sought.

 

- Where concerns had been raised regarding affordable housing, a standard formula had been used which had been agreed with housing colleagues.

 

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

 

- Concerns were raised in relation to the long period of construction and the mud which would be created on the road impacting surrounding residential areas.

 

- Timescale for improvements at Hanzard Drive, The Wynd and Wynyard Drive were needed as well as pedestrian access at those junctions particularly following Travel England’s submission regards standing advice. Pedestrian access at junctions was vital.

 

- Clarity was sought whether one entrance to the site of 243 homes was sufficient for emergency services.

 

- Questions were raised regarding 20% affordable housing and where this would be located as there was no affordable housing in Wynyard.

 

- There was no provision for bungalows.

 

- Members were concerned that they were being asked to approve an application for more housing without a safe crossing for pedestrians and cyclists. If the bridge and junctions were too costly and the TVCA were being approached for costs and it was still too costly was there a chance the junctions and bridge would not be delivered?

 

- Questions were raised relating to whether there were enough places and funding for new patients at GP surgeries.

 

- Reference was made to the impact on ecology particularly that which effected skylarks. The ecologist report had stated that as the off-site creation of skylark plots was not possible a revised mitigation for additional on-site habitat enhancement was to be incorporated into the proposed scheme which would include the planting of native hedgerows and areas of scrub which could be conditioned, however could not be relied upon as direct skylark mitigation. Therefore concerns were raised as it appeared skylark displacement could not be secured and which did not comply with the NPPF, therefore, if suitable mitigation could not be provided the application should be refused. 

 

- Reference was made to the advice submitted by the Forestry Commission relating to the ancient woodland adjacent to the site which was priority woodland. The agent had expressed that most of the woodland would be kept with a 15-metre buffer however it was felt all of the woodland should be kept not just part, therefore the application should be refused.

 

- The Habitat Regulation Assessment had been produced by the applicant; and assurances were sought that this was good enough and questions raised that some localism should have been applied and it was not a desk top study.

 

- Questions were raised relating to the possible impact of SUDS basins and the proximity to the northern boundary and ancient woodland and whether this would impact on the final design.

 

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

 

- In terms of concerns raised relating to mud on the road there was a condition applied that if the application was approved it would require the developer to have a wheel wash facility, sweepers, etc. and contain any mud from their site and prevent mud being tracked onto the adjacent highway.

 

- Bringing highways improvements forward would be agreed during the S106 negotiations.

 

- Emergency vehicles should they need to go in would be able to turn and if they needed to go in, they would be able to.

 

- Affordable housing was difficult to secure in Wynyard as prices would be higher than other areas, therefore would be placed elsewhere.

 

- Officers understood members frustration in terms of the pedestrian bridge and junctions and were aware of road safety issues on the A689, however this was secured by another application in terms of the bridge, and if the signalised crossing was introduced both parts of the infrastructure would be required.

 

- A contribution would be secured through a S106 agreement regards NHS.

 

- In terms of the shadow Habitat Regulation Assessment (HRA), relating to nutrient neutrality officers explained that they could accept the applicant’s assessment or look at doing their own. The applicant’s assessment stated why there was no nitrogen arising from the proposed development and because of that officers were satisfied that the shadow HRA was satisfactory.

 

- Where concerns had been raised relating to the Forestry Commissions comments, these had been considered and a site visit had been undertaken, and it was concluded that the ancient woodland was at the north of the site.

 

- Officers explained that regarding the skylarks which did require specific habitats, alternative land had been investigated via other organisations, however that had been declined by those organisations.

 

- SUDS basins had been considered and could be constructed without impacting the northern boundary. There were tree protection conditions in place and officers were confident the SUDS basins could be constructed without impacting trees.

 

A vote took place and the application was approved

 

RESOLVED that planning application 25/0704/FUL Land North Of Tees Valley Court, Glenarm Road, Wynyard Business Park be approved subject to the following conditions and informatives and subject to the Section 106 Agreement detailed as in the Heads of Terms.

 

01 Time Limit

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

02 Approved Plans

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

 

Plan Reference Number                             Date Received

WP_SBH_PLN_02 REV C                         19 December 2025

WP_SBH_PLN_03_REV C                       19 December 2025

WP_SBH_PLnN_04_REVC                      19 December 2025

WP_SBH_PLN_05_REVC                        19 December 2025

WP_SBH_PLN_06_REVC                        19 December 2025

WP_SBH_PLN_20_REVA                         19 December 2025

WYNYARD-500-009A (P)                          16 October 2025

HOUSE TYPES

 

03 Foul and Surface Water

Development shall not commence until a detailed scheme for the disposal of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water and the Lead Local Flood Authority. Thereafter the development shall take place in accordance with the approved details.

 

04 Construction Methodology

Prior to commencement of work an updated construction methodology shall be submitted and approved in writing by the local planning authority. The methodology shall as a minimum demonstrate that all construction activities can be safely undertaken from within the site boundary, with no adverse impacts on established mature trees. This shall include details of how the proposed earthworks will be contained within the site.

Works shall be undertaken in accordance with the approved details.

 

05 Maintenance and management of a Sustainable Surface Water Drainage Scheme

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

 

06 Pre occupation - Discharge of Surface Water

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. The 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

 

07 Scheme for Illumination

Prior to the commencement of built development full details of the method of external LED illumination (Siting; Angle of alignment; Light colour; and Luminance of buildings facades and external areas of the site, including parking courts, shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and the lighting shall be implemented wholly in accordance with the agreed scheme prior to occupation.

 

08 Landscaping – Softworks/Sky Lark Mitigation

Prior to the commencement of built development, full details of Soft Landscaping has been submitted to and approved in writing by the Local Planning Authority. These details shall also include

• the proposals for the Skylark Mitigation which is the planting of native hedgerows and areas of scrub

 

•mitigation planting within the watercourse valley where works are required to form the highway. Formal planting should be omitted in this area due to the topography and more natural character of the valley.

 

•mitigation planting to the cleared construction corridor where vegetation clearance is necessary to form the basin outfall/cascades. Planting in this area should integrate into the existing established woodland/scrub planting.

 

•Details of grass and meadow seed mixes should also be provided, particularly for the basin, to ensure these mixes are suitable for regular inundation.

 

For the wider area 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 tree pits in hard surfacing and root barriers shall be submitted and approved in writing . 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 and the landscape proposals must take account of the position of street lighting columns in relation to street trees, to ensure that tree planting does not impact the spread of lighting.

The scheme shall be completed in the first planting season following:

•Commencement of the development;

•or agreed phases;

•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.

 

09 Soft Landscape Management and Maintenance

Prior to the commencement of built development, full details of proposed soft landscape management has been submitted to and approved in writing by the Local Planning Authority.

 

The soft landscape management plan shall include, long term design objectives, management responsibilities and maintenance schedules, replacement programme for all landscape areas including retained vegetation, (other than small privately owned domestic gardens), maintenance access routes to demonstrate operations can be undertaken from publicly accessible land, special measures relating to the time of year such as protected species and their habitat, management of trees within close proximity of private properties etc. This information shall be submitted to and approved in writing by the Local Planning Authority.

           

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 LPA 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

           

10 Protection of Highway

No built development shall be commenced until the Local Planning Authority has approved in writing the details of arrangements for the protection of the adopted highway, from tree root damage where trees are planted within 2m.

 

11 Accessible and adaptable homes

As detailed in the submitted plans a minimum of 50% of the proposed dwellings shall meet Building Regulation M4(2) and a minimum of 8% of the proposed dwellings shall meet Building Regulation M4(3).

 

12 Energy Efficiency

No development shall take place (with the exception of access road and site preparation works), 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 or design efficiencies. 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 or design efficiency measures 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.

 

13. Ecology

Works shall be undertaken in complete accordance with the avoidance mitigation and compensation recommendations as detailed in Section E of the submitted Ecological Impact Assessment by E3 ecology Version R04, October 2025. and the mitigation measures as detailed in the letter from E3 ecology ref: 7605/L03, dated 8 August 2025

 

14 CEMP (Ecology)

Prior to the commencement of development a Construction and Environmental Management Plan (CEMP), shall be submitted and approved by the local authority, and will include as a minimum:

• Details of checking Surveys as identified in the submitted ecological impact assessment

• Appropriate working methods and detail on habitat management and creation

• Appropriate surveys work will be undertaken should plans change and works to trees are proposed where bat roosts could be present. If required, works will not be undertaken until a Natural England licence is in place.

• cumulative indirect impacts relating to adjacent woodland and watercourse should be considered and mitigated appropriately through

 

15 Ecology Survey

If work does not commence on each phase within 2 years from the date of the submitted (or subsequent) ecology survey for that area of the site, 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 is 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

 

16 Habitat and wildlife

As detailed in BS 3998:2010, prior to work commencing, the trees and their 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).

 

17 Biodiversity Net Gain

No development shall commence until a Biodiversity Gain Plan has been submitted to and approved by the Local Planning Authority. The Biodiversity Gain Plan shall demonstrate that the development shall deliver a 10% Biodiversity Net Gain against the predevelopment biodiversity value.

 

18 Habitat Management and Monitoring Plan

No development shall commence until a Habitat Management and Monitoring Plan (HMMP) has been prepared in accordance with the approved Biodiversity Gain Plan and has been submitted to and approved in writing by the Local Planning Authority. The HMMP shall include:

(a) a non-technical summary;

(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;

(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the practical completion of the development or the first occupation of the development, whichever is the sooner.

 

Monitoring reports will be submitted to the Council during years 2,5, 7, 10, 20 and 30 from commencement of development unless otherwise stated in the Biodiversity Management Plan, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

 

19 Construction Traffic Management Plan

Within each phase, 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 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.

 

20 Construction and Environmental Management Plan (CEMP)

Prior to the commencement of the development hereby approved, a detailed site-specific Construction Environmental Management Plan (CEMP) for each phase of the development shall be submitted to and be agreed in writing with the Local Planning Authority. This shall include details of all proposed excavations, piling, construction, machinery used (including location) and associated mitigations should be submitted in accordance with BS 5228:1997. This should also include all measures to be undertaken to protect habitats and wildlife during the construction phase of the development identified in the submitted ecology report. Once approved the CEMP Plan shall be adhered to throughout the construction period.

 

21 Travel Plan

The development hereby permitted shall not be occupied unless and until a comprehensive Travel Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with National Highways). The Travel Plan shall be prepared in line with prevailing policy and best practice and shall include as a minimum:

• the identification of targets for trip reduction and modal shift (in line with those assessed within the Transport Assessment),

• the measures to be implemented to meet these targets including an accessibility strategy to specifically address the needs of residents with limited mobility requirements,

• the timetable/ phasing of the implementation of the Travel Plan measures shall be alongside occupation of the development and its operation thereafter,

• the mechanisms for monitoring and review,

• the mechanisms for reporting,

• the remedial measures to be applied in the event that targets are not met,

• the mechanisms to secure variations to the Travel Plan following monitoring and reviews.

 

22 Site Levels

Prior to the commencement of each phase 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.

 

23 Tree Retention

Notwithstanding the submitted information, unless shown for removal in the submitted report Arboricultural Impact Assessment & Method Statement for Trees Version 4 dated June 2026 all trees and hedges shall be retained and maintained for the lifetime of the development. No tree, shrub or hedge shall be cut down, uprooted or destroyed, topped or lopped other than in accordance with any approved plans. Any tree, shrub or hedge or any tree, shrub or hedge 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.

Works shall be undertaken in accordance with the submitted ‘Arboricultural Impact Assessment & Method Statement For Trees Version 4 dated June 2026. This shall be adhered to in full

 

24 Open Access

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

 

25 Bins/refuse

Prior to the occupation of the dwellings hereby approved each plot should be provided with the appropriate means of waste and recycling provision in accordance with the applicable Council standards

 

26 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.

 

27 Unexpected land Contamination

In the event that unexpected contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken, in accordance with best practice guidance, the details of which are to be agreed in writing with the Local Planning Authority in advance. Where remediation is shown to be necessary a remediation scheme must be prepared and submitted to the Local Planning Authority for approval in writing in advance.

 

28 Permitted Development Rights – Extensions and alterations

Notwithstanding the provisions of classes A, AA, B, C, D, and E of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (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

 

29 Removal of PD rights - no garage conversions;

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (No.2) (England) Order 2015 (or any order revoking and re-enacting that Order), no integral garages shall be converted into part of the house and all garages shall remain available for the parking of vehicles, unless otherwise agree in writing by the Local Planning Authority.

 

30 Permitted Development Rights means of enclosure

Notwithstanding the provisions of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order), unless shown on the approved plan no gates, fences, walls or other means of enclosure shall be erected between the front or side wall of any dwelling which the curtilage of the dwelling fronts or abuts

 

31 Obscure Glazing – First Floor Windows

Prior to the occupation of the development hereby approved, all first-floor side windows shall be obscure glazed to a minimum opaque level 4, thereafter they shall be retained for the lifetime of the development.

 

Informative 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 :Land Drainage Consent

The installation of the culvert to facilitate the highway embankment works will require a Land Drainage Consent. A land drainage consent is separate application that could take up to 8 weeks for completion and no works on the watercourse can proceed until consent has been approved by the LLFA.

 

Informative surface water drainage

The applicant should develop their surface water drainage solution by working through the Hierarchy of Preference contained within Revised Part H of the Building Regulations 2010. Namely soakaway, watercourse, and finally sewer. If sewer is the only option the developer should contact Northumbrian Water to agree allowable discharge rates and points into the public sewer network. This can be done by submitting a pre planning enquiry directly to us. Full details and guidance are at https://www.nwl.co.uk/developers/predevelopment-enquiries.aspx or email [email protected].

           

HEADS OF TERMS

           

• Affordable Housing

           

• Employment and training

           

• Education: Contribution based on the standard formula

           

• BNG Mitigation

           

• Highways infrastructure / mitigation / Links

           

• NHS Contribution

           

• Open Space