R/2011/0075/F3M/CD

Planning Application Details - Official Consultation has expired.

Location
LAND AT COATHAM ROAD / KIRKLEATHAM STREET, REDCAR, TS10 1SP
Proposal
DISCHARGE OF CONDITION NO. 7, 11 DEMOLITION OF EXISTING BUILDINGS AND OUTLINE APPLICATION FOR RE-DEVELOPMENT OF SITE FOR LEISURE USE; BUSINESS USE; RESTAURANT AND CAFÉ USE; NON-RESIDENTIAL INSTITUTIONS; ENERGY CENTRE; MULTI LEVEL AND UNDERGROUND CAR PARKING;
Application Type
Condition Discharge
Status
Approved
Parish(es)
Applicant
Drivers Jonas Deloitte
Applicant's Address
1 City Square Leeds LS1 2AL
Agent
Drivers Jonas Deloitte
Agent's Address
1 City Square Leeds LS1 2AL
Agent's work phone
Agent's email
Case Officer
-
Case Officer Telephone
-
Case Officer Email
-
Consultation Start
-
Weekly List Expiry Date
22/03/2012
Date Received
08/03/2012
Date Valid
01/03/2012
Expiry
26/04/2012
Consultation Expiry
-
associated_bldreg
-
Decision
CONDITION DISCHARGE GRANTED
Decision Date
09/05/2012
Decision Level
Delegated
Conditions table
# Condition Details
1 (1) Details of the appearance, landscaping, layout and scale (hereinafter called “the Reserved Matters”) shall be submitted to the Local Planning Authority before the expiration of three years from the date of this permission. REASON: To accord with the provisions of Section 92(1) of the Planning & Compulsory Purchase Act 2004.
2 (2) The development hereby permitted shall be begun not later than the expiration of two years from the final approval of the Reserved Matters or, in the case of approval on different dates, the final approval of the last of the Reserved Matters to be approved, whichever is later. REASON: To accord with the provisions of Section 92(1) of the Planning & Compulsory Purchase Act 2004.
3 (3) The implementation of the permission and subsequent approved Reserved Matters shall comply with the terms of the Parameters Plans and Regulatory Text submitted and approved as part of the planning application and shown on Drawing numbers; 10020 200-03 Rev 7 10020 200-04 Rev 6 10020 200-05 Rev 5 Reason: In order to comply with the terms of the planning application and to ensure that the Reserved Matters are consistent with the approved Parameters Plans and Regulatory Text on which the Environmental Impact Assessment is based.
4 Pre-Commencement Conditions (The following conditions are required to be discharged before the commencement of development*; Conditions 4 – 13)
5 (4) 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 (b) of this condition have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected 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, • Groundwater and surface waters, • Ecological systems, • Archaeological sites and ancient monuments; (iii) 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 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 5 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.
6 (5) Clearance of existing on site trees and vegetation shall not take place during the bird breeding season (March to the end of August) unless a qualified Ecologist has first confirmed, as a result of a checking survey, that there are no nests present within the vegetation to be cleared or, that existing nests are inactive. REASON: To ensure that there is no disturbance to nesting birds as a result of the development works.
7 (6) The landscaping details submitted pursuant to condition (1) above shall include a survey of trees on the site and identify those trees to be removed and those which are to remain. Those trees identified as being retained as part of the development shall be protected during the development process. Protection shall comprise generally the specification laid down within BS5357 and shall consist of fencing at least 1.2m high, comprising a scaffolding frame braced to resist impacts, supporting either chain link or chestnut paling to dissuade encroachment. The approved scheme of tree protection shall be in place not less than seven days before the start of works and shall be retained on site until the completion of the development. REASON: To ensure those trees identified as being retained on site are adequately protected from damage during the construction process. Of those trees to be retained, none of the following activities shall take place within the separated protection zones in the area of the trees; (i) the raising or lowering of levels in relation to existing ground levels (ii) cutting of roots, digging of trenches or removal of soil (iii) erection of temporary buildings, roads or carrying out of engineering operations (iv) lighting of fires (v) driving if vehicles or storage of materials REASON: To ensure those trees identified as being retained on site are adequately protected from damage during the construction process.
8 (7) Prior to the commencement of the development hereby approved details shall be submitted and approved of a Construction Traffic Management Plan, the plan shall set out those measures to minimise disturbance from construction traffic, approved HGV vehicles routes and related operational matters. The construction of the development shall be completed in accordance with the approved plan unless otherwise agreed in writing with the Local Planning Authority. REASON: To minimise the impact of construction traffic on the nearest sensitive receptors identified in the Environmental Assessment.
9 (8) Prior to the commencement of the development hereby approved details shall be submitted of those measures to be employed on the site to limit the impact of construction noise. The study shall comply generally with British Standard 5228 (Code of Practice for Noise and Vibration Control on Construction and Open Sites) and the development shall be carried out in accordance with the approved methodology. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
10 (9) In the event that piling operations are to be carried out at the site, no construction shall commence until the applicant has submitted and had approved, in writing, a report setting out the details of the piling operation, the piling method to be employed, a justification for its choice and details of any vibration monitoring to be carried out at the site. The piling operation shall be carried out in accordance with the approved methodology unless otherwise agreed in writing with the Local Planning Authority. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
11 (10) ) Prior to the commencement of the development hereby approved details shall be submitted and approved of a Dust Management Action Plan which sets out those measures to be employed to prevent the excessive emission of dust from the site and the construction process. The approved action plan shall be adhered to during the construction process until the substantive completion of the development. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
12 (11) Prior to the installation of the drainage infrastructure to service the development, the details of that drainage scheme, based on sustainable drainage principles where practicable, shall have been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details. 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.
13 (12) Prior to the commencement of the development hereby approved details shall be submitted and approved of a Site Waste Management Plan, the plan shall set out those measures to be implemented during the construction and operation of the development to minimise waste and maximise recycling of materials. The operational section of the approved Waste Management Plan shall continue to operate so long as the development is occupied. Reason: To comply with the terms of the planning application and to ensure that the mitigation measures identified in the Environmental Impact Assessment are implemented in order to minimise construction and operational environmental impacts associated with the development.
14 (13) No alterations or works of removal shall be carried out to the former grammar school wall and 19th century former mill wall identified in the Environmental Impact Assessment unless a submission has first been made and approved in writing of a method statement setting out the proposed works, or in the event of the wall(s) being removed, the archaeological recording of the wall(s). REASON: The Environmental Impact Assessment has identified the walls as being of historic significance and a condition is required to enure adequate recording of the structures in the event they are altered or removed in accordance with PPS5 policy 32 of the RSS and DP11 of the Councils’ Development Polices DPD.
15 The following conditions are required to be adhered to during the course of the construction of the development (14 - 19)
16 (14) Unless otherwise agreed in writing with the Local Planning Authority, the development hereby approved shall be carried out fully in accordance with the means of working detailed in the report ‘Redcar Library, Dawson House, Grenfell Youth Club and Coatham Community Centre – Soft Demolition Bat Statement’, Knight Ecology, February 2011. Reason: To conserve protected species and their habitat.
17 (15) Clearance of existing on site trees and vegetation shall not take place during the bird breeding season (March to the end of August) unless a qualified Ecologist has first confirmed, as a result of a checking survey, that there are no nests present within the vegetation to be cleared or that existing nests are inactive. REASON: To ensure that there is no disturbance to nesting birds as a result of the development works.
18 (16) The working hours for all construction activities on the site shall be limited to 08:00 and 18:00 Mondays to Friday and 08:00 to 13:00 Saturdays and not at all on a Sundays or Bank Holidays unless otherwise agreed in writing with the Local Planning Authority REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
19 (17) All generators and construction plant used at the site during the construction shall be acoustically enclosed / silenced to prevent noise disturbance and should not contribute any more than 3dB(A) to existing background noise levels, when measured at a distance of 1 metre from the boundary of the site when calculated as an Leq(A) of 10 minutes. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
20 (18) All temporary lighting provided during the construction process shall be arranged so as not to shine directly towards any dwelling and shall be shielded to prevent light spillage beyond the boundary of the application site. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
21 (19) There shall be no burning of any waste material on the site at any time. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
22 The following conditions require the submission of additional information and / or are required to be complied with once the development is operational (20 to 28)
23 (20) ) The Reserved Matters submission pursuant to condition (1) above shall include the details of the car parking and servicing on the site to support the development (including provision for cyclists, people with disabilities and motorcycles) The submitted plans shall indicate the number of spaces, their location and layout and areas for operational servicing and the development shall be completed in accordance with the approved plans and the parking and servicing shall be maintained in the approved manner for as long as the development is occupied unless otherwise agreed in writing with the Local Planning Authority. REASON: To ensure the development is supported by adequate parking and servicing provision in accordance with the Councils adopted standards and in the interests of highway safety.
24 (21) The development shall be occupied and operated in accordance with the submitted and approved Leisure Centre Travel Plan and the Business Building Travel Plan and the measures set out in the plans shall be implemented within 6 months of the occupation of any part of the relevant building, or any part of it, coming into use. In addition, and notwithstanding the details set out in the Travel Plans, the following additional information shall be submitted to and approved by the Local Planning Authority; (i) The results of a travel survey within 3 months of each part of the development coming into use (ii) The targets for modal split and the monitoring regime to be implemented to achieve the agreed targets (iii) Details of the appointment of the Travel Plan Coordinator within the leisure and business developments. The Travel Plan Coordinator shall be in post prior to the occupation of the development or any part of it and the Travel Plans shall continue to operate at the site for as long as the development is occupied. REASON: To comply with the terms of the planning application and to ensure that the mitigation measures identified in the Environmental Impact Assessment and associated Travel Plans are implemented in order to promote access to the site by sustainable transport means.
25 (22) Within 6 months of the occupation of any part of the development the signals optimisation mitigation outlined in Section 7.3.2 of the Transport Assessment shall be implemented. REASON: In the interests of safety and the free flow of traffic on Milbank Terrace, Wilton Street, West Dyke Road and their surrounding streets and junctions.
26 (23) The Reserved Matters application for the development site shall be accompanied by a Stage 1 Road Safety Audit which considers the new access onto Kirkleatham Street as well as the shared space arrangements for Ridley Street/Rainbow Lane. The Audit shall be carried out in accordance with DMRB HD19/03 and shall be submitted to and approved in writing by the Local Planning Authority. REASON: In the interests of safety and the free flow of traffic on Kirkleatham Street and its surrounding streets and junctions.
27 (24) ) Noise emissions from plant and machinery installed in the development during construction or subsequently installed after completion and occupation of the development, shall not contribute any more than 3 dB (A) to existing background noise levels when measured at a distance of 1 meter from the façade of any adjacent dwelling and when calculated as an Leq (A) of 10 minutes. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
28 (25) Prior to the first occupation any part of the development hereby approved or in such time as may be agreed in writing with the Local Planning Authority, a scheme for external lighting to the buildings shall be submitted to and approved by the Local Planning Authority and the development completed in accordance with the agreed scheme and maintained in the approved manner unless otherwise agreed in writing with the Local Panning Authority. REASON: In the interest of local neighbour amenity and public safety on the adjoining rail line.
29 (26) Details of extract, ventilation any fume extraction systems to be installed and used in the completed buildings shall be first approved by the Local Planning Authority and then installed and thereafter retained in accordance with the approved details. REASON: In the interest of local neighbour amenity and to protect the amenity of the nearest sensitive receptors.
30 (27) The Reserved Matters submission pursuant to condition (1) above shall include the final details of the Energy Centre and, in addition, the submission of information in respect of this facility shall include both a noise assessment and air quality assessment. The energy Centre development shall subsequently be completed and maintained in accordance with the approved details. REASON: In order that the Local Planning Authority may be satisfied as the final details of the energy centre and its impact on the local environment.
31 (28) The Reserved Matters submitted pursuant to condition (1) above shall include details of car charging points their location and access arrangements and the development completed in accordance with the approved details and maintained thereafter in the approved manner. REASON; In order to promote sustainable development and to ensure adequate provision for electric powered vehicles within the development.
32 INFORMATIVE NOTE : In respect of condition (31) above, the surface water drainage management system should be regulated to the existing run-off from a 1 in 1 year storm with sufficient storage within the system to accommodate at least a 1 in 30 year storm. The design should also ensure that storm water resulting from a 1 in 100 year event and surcharging the drainage system can be stored on the site without risk to people or property and without overflowing into drains or watercourses
33 INFORMATIVE NOTE: Notwithstanding the information set out in the application the applicant is reminded that a grant of planning permission does not absolve them of the general duty of care in respect of protected species and building operations and the provisions of the Wildlife and Countryside Act.
34 NOTE: The following development plan policies were relevant to this decision:- Local Development Framework Policy CS1, CS2, CS5, CS8, CS9, CS18, CS20, CS21, CS23, CS24, CS25, CS26, CS27, CS28 and Redcar & Cleveland Local Plan (33) IND3 & L5.
35 INFORMATIVE NOTE: The conditions above should be read carefully and it is your (32) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition).Failure on the part of the developer to fully meet the terms of any conditions which require the submission of details prior to the commencement of development will result in the development being considered unlawful and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal action in the form of a Breach of Condition notice.
36 INFORMATIVE NOTE: Notwithstanding any approved details made under planning provisions, should any noise, odour or other nuisance occur then action may be taken under statutory nuisance provisions.
37 INFORMATIVE NOTE: The applicant is reminded that it is the responsibility of anybody carrying out building work to ensure mud, debris or deleterious material is not deposited from the site onto the public highway and, if it is, it shall be cleared by that person.
38 REASON FOR DECISION: The application proposes the development of a major new leisure and commercial development on a site located within the Redcar Town Centre. The development is supported by an Environmental Impact Assessment (34) under the EIA Regulations and appropriate supporting documentation. The Council considers that the development proposed is fully compliant with the policy objectives set out in PPS4 (Planning for Sustainable Economic Growth) and policy set out in the Regional Spatial Strategy and the Redcar and Cleveland Local Development Framework. The EIA provides a robust analysis of the environmental impacts that may result from the development and its operation and the Council is satisfied these impacts can be satisfactorily ameliorated by the consideration of the subsequent Reserved Matters submission and the application of appropriate planning conditions. The Council note the concerns expressed in respect of the proposed multi-storey car park but considers that a carefully deigned structure will have a limited impact on the nearest adjoining occupiers. The development can be accommodated within the town centre with no undue impact to the local highway network. The development is considered to be a key component of the Council’s regeneration strategy for the town which will enhance the range of services available to residents of the Borough.