Agenda item

For the discussion of this item please see item 21/0249/REM.

 

A vote took place and the application was approved.

 

RESOLVED that planning application 21/2130/FUL be approved in accordance with the following conditions and s106 Heads of Terms or such other conditions or Heads of Terms as the Planning Services Manager deems necessary;

 

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

            ASK/END/0-002 REV A                              22 April 2024

            ASK/END/0-002 REV A                              22 April 2024

            ASK/MID/0-001 REV A                               22 April 2024

            ASK/MID/0-002 REV A                               22 April 2024

            B3/0-001 REV A                                           22 April 2024 

            B3/END/0-001 REV A                                 22 April 2024

            B3/END/0-002 REV A                                 22 April 2024

            BAI/0-001 REV A                                         24 February 2025

            BAI/0-002 REV A                                         24 February 2025

            EAS/END/0-001.5A                                     24 February 2025

            EAS/END/0-002.5A                                     24 February 2025

            EAS/MID/0-001.5A                                     24 February 2025

            EAS/MID/0-002.5A                                      24 February 2025

            SITE/SG/006A                                              24 February 2025

            CAD/0-001 REV A                                       22 April 2024

            CAD/0-002 REV A                                       22 April 2024   

            DAL/0-001 REV A                                        22 April 2024 

            510-001                                                         22 April 2024

            510-002                                                         22 April 2024

            510-003 -1.8M                                              22 April 2024

            510-004 - 0.45M                                           22 April 2024       

            ASK/END/0-001 REV A                              22 April 2024

            DAL/0-002 REV A                                        22 April 2024

            E2.1/END/0-001.5 REV A                          22 April 2024

            E2.1/END/0-002.5 REV A                          22 April 2024

            E2.1/MID/0-001.5 REV A                           22 April 2024

            E2.1/MID/0-002.5 REV A                           22 April 2024    

            FER/END/0-001 REV B                              8 November 2024

            FER/END/0-002 REV A                              8 November 2024

            HOR/0-001 REV A                                       22 April 2024

            HOR/0-002 REV A                                       22 April 2024

            LEY/DET/0-001 REV A                               22 April 2024

            LEY/DET/0-002 REV A                               22 April 2024

            OAK/0-001 REV A                                       22 April 2024

            OAK/0-002 REV A                                       22 April 2024                

            RIP/ALT/0-001.5 REV A                             22 April 2024

            RIP/ALT/0-002.5 REV A                             22 April 2024

            RIP/END/0-001.5 REV A                            22 April 2024

            RIP/END/0-002.5 REV A                            22 April 2024

            SAL/END/0-002.5 REV A                           22 April 2024

            WEN/0-002 A                                                22 April 2024                                                                                        

            5205 - 103 A                                                 8 November 2024

            5205 - 203 A                                                 24 January 2025

            5205 - 253 A                                                 24 January 2025

            5205 - NE - 460 A                                        8 November 2024                                           

            5205 - 200 REV C                                       16 January 2025

            500 -005                                                        22 April 2024                                                          

           

 

03 Walkover Survey

A maximum of three months before works commencing on site for each phase of development 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 to and approved in writing by the Local Planning Authority and any identified additional or revised mitigation measures required shall be implemented wholly in accordance with the approved details prior to the commencement of the respective phase.

 

04Mitigation Measures

All ecological mitigation/ recommendation measures within Chapter 6 of the submitted contained within the submitted Ecological Impact Assessment as received by the Local Planning Authority 8 November 2024 shall be implemented throughout the development in full accordance with the advice and recommendations. 

 

05 Bat Check

Prior to the felling of any trees a Climb and Inspect Assessment shall be carried out by a qualified Ecologist in conjunction with the qualified Arboriculturist to check for cavities and inspection with an endoscope or mirrors if appropriate. Works to the trees should not commence until the Inspection Report has been submitted to and agreed in writing by the Local Planning Authority. The works should then be carried out in complete conformity of the report. If any evidence of bat roosts are found works should cease immediately and a Natural England Licence sought.

 

 

06 Biodiversity Enhancement and Management Plan (BEMP)

Notwithstanding the proposals detailed in the respective reports, prior to the commencement of the development hereby permitted the developer shall submit to and have approved in writing by the Local Planning Authority a Biodiversity Gain Plan. The Biodiversity Gain Plan must contain, including information about the steps that will be taken to minimise the 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 final landscape plan as required by condition xxx. The agreed works shall be implemented in accordance with the agreed details and be retained thereafter for the lifetime of the development.

           

07 Habitat Management 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; and (e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the Local Planning Authority.

 

08 Construction Environment Management Plan

Prior to the commencement of the development hereby approved, a detailed site-specific Construction Environmental Management Plan for each phase is to be submitted and agreed in writing by 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 Ecological Impact Assessment (September 2021). Once approved the CEMP Plan shall be adhered to throughout the construction period.

 

09 NWL Drainage

Development shall be implemented in line with the drainage scheme contained within the submitted document entitled "Flood Risk Assessment and Surface Water Management Strategy" dated "May 2021". The drainage scheme shall ensure that foul flows discharge to the combined sewer at manhole 2601 and ensure that surface water discharges to the surface water sewer at manhole 1601. The surface water discharge rate for Phase 6 of this development shall not exceed the available capacity of 8l/sec that has been identified in this sewer. The final surface water discharge rate shall be agreed by the Lead Local Flood Authority.

 

10 Phasing and Delivery Schedule

Notwithstanding the proposals detailed in the Design and Access Statement and submitted plans, prior to commencement of development a Phasing Programme shall be submitted to and approved in writing by the Local Planning Authority which shall identify the phasing of infrastructure, dwellings, landscaping, public open space, accesses and landscaping to the residential areas of the development hereby approved. Thereafter the development shall be undertaken in accordance with the Phasing Programme.

           

11 Construction 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

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.

 

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 Noise Report

The development hereby approved shall be built out in accordance with the mitigation measures detailed within table 4.2 of the submitted noise report received by the Local Planning Authority on the 25 November 2024

 

14 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, cross sections 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.

 

15 Soil Management

No development shall be commenced until the Local Planning Authority has approved in writing the details of a soil management plan. The plan shall indicate how and where soils will be stripped, and their temporary storage during the works. Details shall describe the height, width, length and location on site of all such mounding together with any temporary seeding.

 

16 Renewables or Fabric First

No above ground 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 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.

 

17 Building Regulations

Prior to the commencement of above-ground construction works, details identifying those dwellings within the wider development that will be constructed to meet Building Regulation M4(2) (Category 2: Accessible and Adaptable Dwellings) shall be submitted to and approved in writing by the Local Planning Authority. A minimum of 118 dwellings across the whole development shall be provided in accordance with the approved details and thereafter retained as such.

 

18 External Materials

Notwithstanding the submitted details in the application, the external walls and roofs shall not be commenced until precise details of the materials to be used in the construction of the external walls and roofs of the hereby approved dwellings have been approved in writing by the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details.

 

19 Landscaping Softworks

Notwithstanding the proposals detailed in the Design and Access Statement and submitted plans, no development shall commence until full details of soft landscaping and associated maintenance has been submitted to and been approved in writing by the Local Planning Authority. Those details shall include; a detailed planting plan and specification of works (indicating soil depths, plant species, numbers, densities, locations inter relationship of plants, stock size and type, grass, and planting methods including construction techniques for pits in hard surfacing and root barriers); a phasing programme for the implementation of landscaping and associate maintenance; details of all existing or proposed utility services that may influence proposed tree planting shall be indicated on the planting plan.

 

The soft landscape maintenance details should include details of 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, other than small privately owned domestic gardens. 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. All planting works shall be in accordance with the approved plans and details and shall be implemented prior to the first planting season following competition of each identified phase of development. 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. 

 

20 Trees within and adjacent to the adopted highway

Notwithstanding the proposals detailed in the Design and Access Statement and submitted plans, no development shall be commenced until the Local Planning Authority has approved in writing the details of arrangements for the planting of street trees and protection of the adopted highway from tree root damage. Root barriers will be required where trees are planted within 2m of the adopted highway.

 

21 Tree Protection

The hereby approved development shall be carried out in complete conformity with the submitted Arboricultural Impact Assessment Arboricultural Method Statement Tree Protection Plan as received by the Local Planning Authority on 05 December 2024

 

22 Light Intrusion

Prior to the commencement of the development hereby permitted, a scheme for the protection of biodiversity, the proposed dwellings and the neighbouring premises from light intrusion 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 / facilities are occupied. The scheme should detail the type of luminaries and their Lumen levels, locations, means of affixation, heights, angles plus the level of light trespass in lux. The position of all columns shall be agreed in writing by the Local Planning Authority to avoid conflict with the positions of trees as approved under condition 19. The lighting shall be implemented wholly in accordance with the agreed scheme prior to the occupation of the development or approved phases.

 

23 Enclosure

Notwithstanding the proposals detailed in the Design and Access Statement and submitted plans, prior to the above ground construction of development within each relevant phase, details of all means of enclosures shall be submitted to and approved in writing by the Local Planning Authority. This shall include all acoustic barriers, walls, fences, entrance feature walls, hedgerows and knee rails, including those surrounding pumping stations and other infrastructure sites. This shall include the specification for holes in boundary walls and fences at ground level to allow for the movement of hedgehogs. Such means of enclosure shall be implemented in accordance with the approved plan prior to the occupation of the development or approved phases.

 

24 Landscaping Hardworks

Notwithstanding the proposals detailed in the Design and Access Statement and submitted plans, no above ground construction shall commence until full details of proposed hard landscaping including the highway materials has been submitted to and approved in writing by the Local Planning Authority. This will include all external finishing materials, finished levels, and all construction details confirming materials, colours, finishes and fixings. The scheme shall be completed to the satisfaction of the Local Planning Authority and in accordance with the approved details in accordance with an agreed timetable / delivery programme. Any defects in materials or workmanship appearing within a period of 12 months from completion of the total development shall be made-good by the owner as soon as practicably possible.

 

 

25 Bins/refuse

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

 

26 Open Access

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

 

27 Removal of PD rights – No Garage Alterations/Conversions

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revising, revoking and re-enacting that Order with or without modification), no internal or external alterations shall take place to any garage, which would preclude its use for housing motor vehicles.

 

28 Removal of PD rights – No Boundary Treatments to front of properties.  Notwithstanding the provisions of Class A of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and reenacting that Order) there shall be no walls, fences, railings or other form of boundary enclosures erected between any point taken in line with the properties front elevation and the highway unless otherwise agreed in writing by the Local Planning Authority.

 

29 Removal of PD Rights – Householder extensions and alterations

Notwithstanding the provisions of classes A,AA, B, C, D, E and F of Part 1 of 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, without the written approval of the Local Planning Authority.

 

30 Travel Plan

The development hereby approved shall be carried out in accordance with the submitted Travel Plan (revision 3) received by the Local Planning Authority dated 22 April 2024.

 

31 Feature Squares

Notwithstanding the proposals detailed in the Design and Access Statement and submitted plans, prior to the above ground construction full details of all hard landscape and planting works for the feature squares shall be submitted to and be approved in writing by the Local Planning Authority. These details shall include layouts; hard surfacing materials; planting details (tree/shrub types and species, stock size, numbers and densities); construction methods including tree pits; minor structures (e.g. street furniture); and a phasing plan for implementation. The feature squares shall be implemented in full accordance with the approved details and agreed phasing plan and maintained thereafter. Any landscaping works 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 size and species unless the Local Planning Authority gives written consent to any variation or an alternative long term maintenance arrangement.

 

32 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. Detailed overland flow management assessment & Integration with Adoptable Drainage Network

III. Finished Floor Levels (FFLs) – Minimum finished floor levels shall be set based on the development’s post-construction flood risk profile, including critical water levels arising from the 1 in 100-year event plus 40% climate change allowance, with a suitable freeboard applied.

IV. A build programme and timetable for the provision of the critical surface water drainage infrastructure;

V. A management plan detailing how surface water runoff from the site will be managed during the construction phase;

VI. Details of adoption responsibilities

 

33 Watercourse Assessment

No development shall commence until a detailed surface water drainage strategy has been submitted to and approved in writing by the local planning authority. The strategy shall address the following concerns and provide supporting evidence to ensure the proposed development does not increase flood risk within or beyond the site boundary:

I. Hydraulic Performance of Overland Flow Channels & Culverts – The developer shall provide detailed, site-specific hydraulic modelling of all proposed overland flow channels and culverts

II. Long-Term Functionality & Erosion Mitigation

III. Culvert Risk Assessments & Screen Initial Needs Assessment

IV. Impounding Structures & Embankment Design Assessment

 

34 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

 

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

 

Informative: Northern Gas 

The developer is advised to contact Northern Gas Networks prior to any construction works as there may be apparatus in the vicinity of the development.

 

Informative: Northumbrian Water 

It should also be noted that, following the transfer of private drains and sewers in 2011, there may be assets that are the responsibility of Northumbrian Water that are not yet included on our records. Care should therefore be taken prior and during any construction work with consideration to the presence of sewers on site. Should you require further information, please visit https://www.nwl.co.uk/services/developers/

 

Informative: Designing out Crime 

The applicant is encouraged to engage with the Policer Architectural Liaison Officer to see how secure by design principles can be incorporated into the scheme

 

Informative: Hydraulic Performance of Overland Flow Channels & Culverts – 

The developer shall provide detailed, site-specific hydraulic modelling of all proposed overland flow channels and culverts. This assessment shall:

o Include the critical 1 in 100-year flood event plus 40% climate change allowance.

o Justify the sizing of culverts and flow channels based on accurate cross-sectional survey  data rather than idealised sections.

o Demonstrate that the proposed network will perform effectively under design storm conditions without increasing flood risk elsewhere.

 

Informative Long-Term Functionality & Erosion Mitigation – 

The applicant shall demonstrate, through hydraulic modelling, that all proposed diversion channels will remain stable over their design life. Where scour of the bed and banks is identified as a potential risk, suitable mitigation measures shall be provided.

 

Informative Culvert Risk Assessments & Screens – 

Any culvert exceeding 350mm diameter shall be subject to a Public Risk Assessment and a Screen Initial Needs Assessment. If a security or debris screen is deemed necessary, it shall be designed in accordance with CIRIA C786 - The Culvert Screen and Outfall Manual.

 

Informative Impounding Structures & Embankment Design Assessment – 

Where proposed SuDS features abut any watercourse or drainage channel, the embankment between these features shall be designed as an impounding structure. The developer shall provide full design details, including construction materials, stability calculations, and justification of resilience measures to mitigate the risk of embankment failure.

 

Informative Site-specific surface water construction management plan

A site-specific construction management plan must be provided in accordance with Appendix B Section 6 of the CIRIA SuDS Manual before commencing the drainage construction. Detailing how surface water will be managed during construction phase and contained within the site boundary must also include prevention of silts entering existing surface waterbodies, details of measures to be taken to protect and maintain the natural flows of the watercourse/ditches through the proposed site (including the provision of any required temporary drainage).Particular attention should be given to the phasing of the de-culverting works, full construction method statements should be provided.

 

Informative Land Drainage Consents 

Land Drainage Consent/s sites outside the planning process, the LLFA would like to make you aware that no works on the ordinary watercourse are permitted until a Land Drainage Consent approval has been received from the Lead Local Flood Authority. The Land Drainage consent application form and supporting information must be submitted to the LLFA for consideration. The application process will take 8 weeks for determination. 

 

Informative Management and Maintenance

A Maintenance Plan and checklist must be provided in accordance with Appendix B Section 8 of the CIRIA SuDS Manual and the LLFA local requirements. The LLFA requirements are as follows; 

 

• Details of who is responsible for the maintenance and management of all surface water components during construction phase, including contact details, emergency contact details, expected completion date for the development, expected date the management company will commence the maintenance and management of the SuDS. 

• Details of the management company responsible for the maintenance

 

HEADS OF TERMS

• Local Labour Agreement

• Off Site Open Space Contribution 

• Affordable Housing 

• Nutrient Neutrality 

• NHS

• Proportionate share of required infrastructure in broad accordance with West Stockton Masterplan and any necessary additional contributions for the additional dwellings 

• Connectivity through to Zone B