Location
MALLINSON PARK FLATTS LANE NORMANBY ESTON
Proposal
CONDITION DISCHARGE: 2, 26
ERECTION OF 75 NO. DETACHED DWELLINGS AND GARAGES WITH ASSOCIATED ACCESS ROADS, PARKING AREA AND PROVISION OF OPEN SPACE
Application Type
Condition Discharge
Status
Approved
Parish(es)
Applicant
TAYLOR WIMPEY (NORTH YORKSHIRE) LTD
Applicant's Address
C/O AGENT
Agent
ENGLAND & LYLE
Agent's Address
GATEWAY HOUSE
55 CONISCLIFFE ROAD
DARLINGTON
COUNTY DURHAM
DL3 7EH
Agent's work phone
Agent's email
Case Officer
-
Case Officer Telephone
-
Case Officer Email
-
Consultation Start
-
Weekly List Expiry Date
30/01/2012
Date Received
30/11/2011
Date Valid
07/12/2011
Expiry
01/02/2012
Consultation Expiry
-
associated_bldreg
-
Decision
CONDITION DISCHARGE GRANTED
Decision Date
28/03/2012
Decision Level
-
| # | Condition Details |
|---|---|
| 1 | (1) The development shall not be begun later than the expiration of THREE YEARS from the date of this permission. REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. |
| 2 | (2) Prior to the first occupation of the development boundary walls and fences shall have been erected in accordance with a scheme that has first been agreed in writing with the Local Planning Authority and shall thereafter be maintained. REASON: In the interests of visual and residential amenity. |
| 3 | (3) The dwelling(s) hereby approved shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide. No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. REASON: In order to achieve a sustainable development. |
| 4 | (4) The working hours for all construction activities on this site are limited to between 08:00 and 18:00 Mondays to Friday and 08:00 to 13:00 Saturdays and not at all on a Sunday or Bank Holidays. REASON: In the interest of residential amenity. |
| 5 | (5) Prior to the commencement of development, details shall be submitted to and agreed in writing by the Local Planning Authority, of proposals to provide contractors car parking and material storage within the site. The details approved shall be retained for use until completion of the development unless first agreed in writing with the Local Planning Authority. REASON: In the interest of highways safety. |
| 6 | (6) A landscaping scheme shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of development. The details shall include size, type and species of plant and indicate the proposed layout and surfacing of all open areas. A programme of work should also be submitted and implemented in accordance with the approved details. REASON: To reserve the rights of the Local Planning Authority with regard to these matters. |
| 7 | (7) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development, whichever is sooner, and any trees or plants which within a period of ten years from the completion of the development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. REASON: To ensure the satisfactory implementation of the approved scheme in the interests of the visual amenities of the locality. |
| 8 | (8) Details of the external materials to be used in the carrying out of this permission (including samples) shall be submitted to, and approved in writing by the Local Planning Authority, prior to the commencement of development and the development shall not be carried out except in accordance with the approved details. REASON: To ensure the use of satisfactory materials. |
| 9 | (9) Details of materials to be used for all hard surfaces (the use of permeable materials is recommended ) shall be submitted to, and approved in writing by the Local Planning Authority, prior to the commencement of the development and the development shall not be carried out except in accordance with the approved details. REASON: To ensure the use of satisfactory materials. |
| 10 | (10) Prior to the commencement of development a scheme for preventing the deposition of mud/debris on the highway shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in its entirety and adhered to for the lifetime of the construction period. REASON: In the interests of highway safety. |
| 11 | (11) A minimum of 10% of the sites energy requirements shall be provided by embedded renewable energy, unless otherwise first agreed in writing with the Local Planning Authority. REASON: In the interests of sustainability. |
| 12 | (12) Prior to the commencement of development a traffic management plan shall be submitted to and agreed in writing with the Local Planning Authority. The scheme hereby approved shall then be implemented in accordance with the details provided within the traffic management plan unless first agreed in writing with the Local Planning Authority. REASON: In the interest of highways safety. |
| 13 | (13) Unless otherwise agreed by the Local Planning Authority in writing, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts (a) to (e) have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition (e) has been complied with in relation to that contamination. (a) Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. (b) Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. (c) Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. (d) Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of part (a) and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of part (b), which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority. (e) Long Term Monitoring and Maintenance A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 10 years, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. |
| 14 | (14) There shall be no site vegetation clearance to outside the bird breeding season (March to the end of August) unless the project ecologist has first undertaken a checking survey immediately prior to clearance and confirms in writing to the Local Planning Authority that no active nests are present. REASON: To conserve protected species and their habitat. |
| 15 | (15) The mitigation as outlined in Paragraph 6.5 of the ‘Ecological Impact assessment of Proposed Housing Development Ecological Appraisal, Report of Glen Kemp, Version 2, 8 December 2009 shall be implemented in its entirety and a scheme for the protection of perimeter trees and shrubs shall be submitted to the Local Planning Authority for approval in writing prior to the commencement of development on site. The approved scheme shall be strictly adhered to unless otherwise first agreed in writing with the Local Planning Authority. REASON: To conserve protected species and their environment. |
| 16 | (16) Development shall not commence until a surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall incorporate details of which watercourse is to be utilised for the disposal of surface water drainage and how the Greenfield run-off rate of 2.4l/s/ha is to be provided and allocated. The approved scheme shall be implemented in its entirety before the completion of the development hereby approved. REASON: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system. |
| 17 | (17) The application shall be implemented in accordance with the following plans/drawings 09057 (P) 05 Rev B; 09057 (P) 06 Rev A; 09057 (P) 07 Rev A; 09057 (P) 08 Rev A; 09057 (P) 09 REV B; 09057 (P) 10 Rev B and 09057 (P) 11 together with amended House Type F (Rev A) and amended House Type H1 for Plot 49 only. REASON: For the avoidance of doubt. |
| 18 | (18) The carriageway and footways shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Redcar & Cleveland Design Guide and Specification. Any works so approved shall be constructed before the development is complete. REASON: To ensure a minimum standard of construction in the interests of highway safety. |
| 19 | (19) The development shall incorporate an artistic element as an integral part of the scheme that is equivalent of at least 1% of the development cost. That art ‘feature’ shall be incorporated into the landscaping at the site’s entrance in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of the last dwelling hereby approved. REASON: To ensure the provision of an ‘art feature’ in accordance with the aims of Policy DP5 of the Redcar and Cleveland Local Development Framework. |
| 20 | (20) During the construction there shall be no burning of waste at this site. REASON: In the interests of residential amenity. |
| 21 | (21) Any temporary or permanent lighting at this site shall be installed in a manner that does not give rise to spillage beyond the sites boundary. REASON: In the interests of residential amenity. |
| 22 | (22) Prior to the commencement of construction of any dwelling at this site details of the existing and proposed site levels together with finished floor levels shall have been submitted to the Local Planning Authority for approval in writing. The approved details shall be implemented in their entirety. REASON: In the interests of residential amenity and the appearance of the development. |
| 23 | (23) Prior to the occupation of any of the dwellings hereby approved details of a sustainable travel plan for the development shall have been submitted to the Local Planning Authority for approval in writing. The approved details shall be implemented in their entirety. REASON: In the interests of sustainability. |
| 24 | (24) Prior to the commencement of any construction at this site revised layout plans shall be submitted to the local planning authority for approval in writing for Plots 47 to 52 that show increased separation distances between the existing dwellings to the north and the proposed dwellings. The approved scheme shall be implemented in its entirety unless otherwise first agreed in writing. REASON: In the interests of residential amenity. |
| 25 | INFORMATIVE: The developer is advised that notwithstanding the grant of planning permission protected species may be present in the area and reference should be made to ODPM Circular 06/2005 Biodiversity and Geological Conservation - Statutory Obligations and their impact within the Planning System. |
| 26 | (25) Prior to the commencement of development details of a scheme for the protection of all the retained trees during the construction period shall have been submitted to the local planning authority for approval in writing. The approved scheme shall be implemented in its entirety. REASON: To ensure the continued presence of trees at this site. |
| 27 | INFORMATIVE: At no point should the adopted highway be blocked up with out the prior consent of the Councils Highways Maintenance section. |
| 28 | (26) No trees at this site except those identified as having to be removed to enable the development to proceed shall be lopped or felled without the prior written consent of the local planning authority. REASON: To ensure the continued presence of trees at this site. |
| 29 | INFORMATIVE: The developer is advised to contact the Council’s Naming & Numbering Officer, Sandra Beatty on 01287 612538, to make arrangements for the correct postal address for the development prior to commencement of any works. |
| 30 | NOTE: The following development plan policies were relevant to this decision:- Local Development Framework Policies - CS1, CS2, CS3, CS13, CS14, CS15, CS17, CS20, CS24, CS26, DP1, DP2, DP3, DP4, DP5, DP7. Redcar & Cleveland 'Saved' Local Plan Policies - H1 and H9. |
| 31 | REASON FOR DECISION: The proposed development due to the layout, design and location would not create conditions that are prejudicial to the character or appearance of the area; residential amenity, highway safety or crime prevention. The development would also deliver 'executive style' housing. The proposal is therefore in accordance with the aims of Policies CS1, CS2, CS3, CS13, CS14, CS15, CS17, CS20, CS24, CS26, DP1, DP2, DP3, DP4, DP5, DP7 of the Redcar and Cleveland Local Development Framework.. |