Location
LAND TO NORTH OF SKELTON INDUSTRIAL ESTATE
SKELTON AND BROTTON
SKELTON
Proposal
DISCHARGE CONDITIONS: 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 26, 28
ERECTION OF FOODSTORE (CLASS A1) AND PETROL FILLING STATION, WITH ASSOCIATED CAR PARKING, SERVICING, HIGHWAYS WORKS INCLUDING ACCESS ROAD AND CYCLE/FOOTWAYS, AND HARD AND SOFT LANDSCAPING
Application Type
Condition Discharge
Status
Approved
Parish(es)
Applicant
TERRACE HILL (SKELTON) LTD
Applicant's Address
WESTMINSTER
ST MARK'S COURT
TEESDALE
STOCKTON ON TEES
TS17 6QP
Agent
NATHANIEL LICHFIELD & PARTNERS
Agent's Address
NATHANIEL LICHFIELD AND PARTNERS
GENERATOR STUDIOS
TRAFALGAR STREET
NEWCASTLE UPON TYNE
TYNE AND WEAR (MET COUNTY)
NE1 2LA
Agent's work phone
Agent's email
Case Officer
-
Case Officer Telephone
-
Case Officer Email
-
Consultation Start
-
Weekly List Expiry Date
23/02/2012
Date Received
03/02/2012
Date Valid
06/02/2012
Expiry
02/04/2012
Consultation Expiry
-
associated_bldreg
-
Decision
CONDITION DISCHARGE GRANTED
Decision Date
28/03/2012
Decision Level
-
| # | Condition Details |
|---|---|
| 1 | (1) The development shall begin not 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 1999. |
| 2 | (2) The development hereby permitted shall be carried out in accordance with the following approved plans: PL – 01 received by the Local Planning Authority on 22.06.2011 PL – 02 received by the Local Planning Authority on 22.06.2011 PL – 03 received by the Local Planning Authority on 22.06.2011 PL – 04 received by the Local Planning Authority on 22.06.2011 PL – 05 received by the Local Planning Authority on 22.06.2011 PL – 06 received by the Local Planning Authority on 22.06.2011 PL – 07 received by the Local Planning Authority on 22.06.2011 PL – 08 received by the Local Planning Authority on 22.06.2011 PL – 09 received by the Local Planning Authority on 22.06.2011 PL – 10 received by the Local Planning Authority on 22.06.2011 PL – 11 received by the Local Planning Authority on 22.06.2011 PL – 12 received by the Local Planning Authority on 22.06.2011 PL – 13 received by the Local Planning Authority on 22.06.2011 PL – 14 received by the Local Planning Authority on 22.06.2011 PL – 15 received by the Local Planning Authority on 22.06.2011 PL – 16 received by the Local Planning Authority on 22.06.2011 PL – 17 received by the Local Planning Authority on 22.06.2011 TH100B (1 of 3) received by the Local Planning Authority on 22.06.2011 TH100B (2 of 3) received by the Local Planning Authority on 22.06.2011 TH100B (3 of 3) received by the Local Planning Authority on 22.06.2011 0545-1 Rev B received by the Local Planning Authority on 22.06.2011 REASON: To accord with the terms of the planning application |
| 3 | (3) Within the new food store hereby approved the total net floor area to be used for the sale of retail goods shall be no more than 2,323 sqm and of which no more than 894sqm shall be used for the sale of comparison goods. REASON: To accord with the terms of the planning application and to ensure that the development does not unacceptably adversely affect the existing retail hierarchy. |
| 4 | (4) Noise emitted from any plant, machinery or extract ventilation shall not contribute to more than 3 dB(A) to existing background noise levels, when measured at a distance of 1 meter from the façade of the closest residential dwelling and when calculated as an Leg(A) of 10 minutes. REASON: In the interest of the amenities of the area. |
| 5 | (5) The working hours for all construction activities on this site are limited to between 08:00 and 18:00 Mondays to Saturdays and not at all on a Sunday or Bank Holidays unless first agreed in writing with the Local Planning Authority. REASON: In the interest of neighbour amenity. |
| 6 | (6) The proposed parking spaces, as shown on drawing PL-03 received by the Local Planning Authority on 22.06.2011, shall be brought into use prior to the opening of the store hereby approved. The parking spaces shall remain available for the life time of the development. REASON: In the interests of highway safety. |
| 7 | (7) 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 and where remediation is necessary a remediation scheme (including a programme for implementation) must be prepared and approved in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, and approved in writing of the Local Planning Authority. 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. |
| 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 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) Notwithstanding the details submitted 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. The information submitted shall also included details of the gabion structures. A programme of work should also be submitted and implemented in accordance with the approved details. REASON: To ensure a satisfactory form of development in the interests of local visual amenity. |
| 11 | (11) Prior to commencement of any development works on the site, the whole development shall be subject to a Stage 1 & 2 Road Safety Audit. 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. The development shall be carried out in accordance with the approved audit. REASON: In the interests of safety and the free flow of traffic on surrounding roads and junctions. |
| 12 | (12) 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. |
| 13 | (13) 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. |
| 14 | (14) Prior to the commencement of development a traffic management plan for the construction phase of the development 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. |
| 15 | (15) Prior to the commencement of development details of a surface water drainage scheme for the site, based on sustainable drainage principles and as assessment of the hydrological and hydrogeological context of the development, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that surface water from the parking and hardstanding areas will pass through oil interceptors prior to discharge and also include details on how the system shall be maintained and managed for the design life of the development. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. 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. |
| 16 | (16) Prior to the commencement of development details shall be submitted to and approved in writing by the Local Planning Authority of existing and proposed ground levels together with finished floor levels. The details shall include information of the quantity of top soil and earth to be removed from site prior to the commencement of building works. The development shall be completed in accordance with the approved details. REASON: In the interests of the appearance of the development and to ensure that there is no undue and as yet predicted impact on the local road network from construction traffic. |
| 17 | (17) Prior to the commencement of development additional gas monitoring should be carried out on the site in accordance with details agreed with the Local Planning Authority. The results together with further recommendations shall be submitted to and agreed in writing with the Local Planning Authority. Any recommendations proposed and agreed by the Local Planning Authority shall be installed prior to the completion of the development. The scheme hereby approved shall be implemented in accordance with the recommendations approved by the Local Planning Authority. REASON: To ensure than any risks from gas migration are minimised. |
| 18 | (18) The retail development shall be implemented in accordance with the sustainability strategy received by the Local Planning Authority on 22.06.2011. Prior to the commencement of the construction of the food store the strategy will be reviewed to determine whether any alternative technologies have been advanced in the interim period which are a viable and preferable alternative to those set out in the strategy. Details of any alternative technologies shall be submitted to and agreed in writing. The scheme shall be implemented in accordance with the details agreed. REASON: To ensure a sustainable form of development. |
| 19 | (19) Prior to the commencement of development approved the developer shall complete a final checking survey in relation to protected species and biodiversity interest on the application site. The result of the checking survey shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. REASON: In the interests of nature conservation and to protect biodiversity interests on the site. |
| 20 | (20) Prior to the commencement of any construction work relating to the petrol filling station details of the underground storage tanks shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be completed in accordance with the approved details. REASON: In order that the Local Planning Authority can be satisfied as to the details of fuel storage and the requirements of the Petroleum Officer. |
| 21 | (21) Prior to the opening of the food store hereby approved, or in such extended time as may be agreed in writing with the Local Planning Authority, an art feature shall have been installed in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The art feature shall remain for the lifetime of the development. REASON: To ensure art is incorporated into the development in accordance with Policy DP5 of the Redcar and Cleveland Local Development Framework. |
| 22 | (22) Prior to the opening of the store hereby approved full details of cycle parking provisions within the site shall be submitted to and approved in writing with the Local Planning Authority. The approved details shall be implemented prior to the opening of the food store and the provisions shall remain for the lifetime of the development. REASON: To ensure cycle parking is provided within the site. |
| 23 | (23) Prior to the opening of the foodstore hereby approved a Travel Plan shall be submitted to and approved in writing with the Local Planning Authority. The travel plan shall be substantially in accordance with the Framework Travel Plan submitted with the planning application. The travel plan shall include a programme for implementation, details of the role of a travel plan co-ordinator, an initial travel survey to be undertaken by staff and targets for the store. The travel plan shall be implemented in accordance with the details agreed for the lifetime of the development. REASON: To promote access to the site by sustainable transport modes. |
| 24 | (24) Within 3 months of the completion of the development the proposed highway works shall be subject to a Stage 3 (completion of construction) Road Safety Audit. 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. The development shall be completed in accordance with the approved audit. REASON: In the interests of safety and the free flow of traffic on surrounding roads and junctions. |
| 25 | (25) 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. |
| 26 | (26) Prior to the installation on site of any boundary walls and fences details of the treatments shall be submitted to and agreed in writing by the Local Planning Authority. The boundary treatments shall be installed in accordance with the agreed details and shall thereafter be maintained for the lifetime of the development. REASON: In the interests of visual amenity. |
| 27 | (27) Prior to the installation of any additional bus stops to be provided on the site details shall be submitted to and agreed in writing with the Local Planning Authority of the location of the stops and design of the shelters. The facilities shall be then installed in accordance with the approved details. REASON: To ensure a satisfactory form of development and in the interest of highways safety. |
| 28 | (28) No external lighting shall be erected / installed within the application site unless details of such external lighting has first been submitted to and agreed in writing with the Local Planning Authority. The external lighting shall be provided in accordance with the approved details. REASON: To ensure a satisfactory form of development. |
| 29 | (29) The development hereby approved shall not be brought into use until full details of the recruitment process, as outlined in Asda’s letter of 24.08.2011 has been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details. REASON: To secure the provision of employment opportunities for the local population. |
| 30 | REASON FOR DECISION: The proposed development has been assessed in accordance with section 38(30) of the Planning and Compulsory Purchase Act 2004, namely to consider the proposed development in the light of the development plan and all relevant material considerations. In particular the proposed development has been assessed against locally adopted policies and up to date national planning policy guidance in relation to retail development. Whilst the application conflicts with the terms of saved policy SH12 the policy objectives of policy SH12 have been superseded by more recent national policy, including that in PPS4, which confirms that retail use should be classed as economic development and that proposals which secure sustainable economic growth should be treated favourably. In addition, the Councils own Employment Land Review, published in 2008, has recommended the removal of the employment allocation covering the application site, reflecting the fact that there is unlikely to be demand for its development for B-Class uses. In this context and given that it is now significantly out of date; it is considered that the need for a new main foodstore serving East Cleveland outweighs the provisions of the above policy. The applicant has provided evidence to demonstrate that this application is compliant with the sequential approach to site selection set out in LDF Policy CS18, RRS Policy 4 and PPS4. It has been demonstrated that the proposed development would not result in any significant adverse impacts in terms of the key considerations for both economic development and main town centre uses, as set out at Policies EC10 and EC16 of PPS4. In particular, it has been shown that the development would not have any significant adverse impact upon the vitality and viability of existing centres in the identified Primary and Secondary Catchment Areas. The access and parking arrangements are considered to meet the principles of sustainable development and the requirements of RSS Policy 7, LDF policies CS1, CS2, CS19 and CS26 and PPG13. The site is capable of being drained without resulting in a greater flood risk as required by PPS25. The development will not have an unacceptable impact on the amenities of surrounding residential properties and is therefore in accordance with LDF policies CS20, DP2 and DP3. The landscaping and ecological impacts are protected or mitigated in line with LDF policies CS22 and CS24 and PPS9. Taking the above in account the development is considered to accord with LDF policies CS1, CS2, CS6, CS9, CS12, CS18, CS19, CS20, CS22, CS24, CS25, CS26, DP1, DP2, DP3, DP4, DP5, DP6, DP7 and DP11 as well as policies EC10, EC15, EC16 and EC17 of PPS4 and the requirements of PPS9, PPG13, PPS23 and PPS25. |
| 31 | INFORMATIVE NOTE: The applicant is to contact the Council’s Naming & Numbering Officer, Sandra Beaty on 01287 612538, to make arrangements for the correct postal addresses for the development prior to commencement of any works. |
| 32 | INFORMATIVE NOTE: At no point should the adopted highway be blocked up with out the prior consent of the Councils Highways Maintenance section. |
| 33 | INFORMATIVE NOTE: The developer will enter into an agreement under Section 278 of the Highways Act 1980 for the construction of the new access roundabout and the footway link on the existing adopted highway. These works are to be completed before the development comes into operation. |
| 34 | INFORMATIVE NOTE: The developer will enter into an agreement under either Section 219/220 or Section 38 of the Highways Act 1980 before works commence on site, to secure the construction of the roads and footways to adoptable standards. |
| 35 | NOTE: The following development plan policies were relevant to this decision:- Local Development Framework Policy CS1, CS2, CS6, CS9, CS12, CS18, CS19, CS20, CS22, CS24, CS25, CS26, DP1,DP2, DP3, DP4, DP5, DP6, DP7 and DP11. Other Policy Documents - EC10, EC15, EC16 and EC17 and the requirements of PPS9, PPG13, PPS23 and PPS25. |
| Consultee Name | Date Letter Sent | Consultation Expiry Date |
|---|---|---|
| Condition Discharge - Claire Griffiths | 09/02/2012 | - |
| Condition Discharge - Env. Agency | 09/02/2012 | - |
| Condition Discharge - Environmental Protection | 09/02/2012 | - |
| Condition Discharge - North. Water | 09/02/2012 | - |
| Condition Discharge - Peter Armstrong | 09/02/2012 | - |
| Condition Discharge - Petroleum Officer | 09/02/2012 | - |
| Condition Discharge - Rob Lunan | 09/02/2012 | - |