Location
Land adjoining Whitwell Place
Lingdale
Proposal
Discharge of Condition 3 (Contractors Parking and Compound Storage), 4 (Revised Landscaping and bund retention), 5 (Contaminated Land), 6 (Materials - External Materials), 8 (Checking Survey) & 9 (Hedgehog Highways) of planning approval R/2021/0743/FF for the erection of 7 dwellings with associated ...
Application Type
Condition Discharge
Status
Refused
Parish(es)
Lockwood CP
Applicant
Mr Peter Anderson
Applicant's Address
Leven Construction
The Filter House
Longbeck Lane
New Marske
Agent
ASP Services Ltd
Agent's Address
Office 5
33 Church Street
Hartlepool
TS24 7DG
Agent's work phone
Agent's email
Case Officer
Mr D Pedlow
Case Officer Telephone
01287 612546
Case Officer Email
David.Pedlow@redcar-cleveland.gov.uk
Consultation Start
-
Weekly List Expiry Date
-
Date Received
25/07/2024
Date Valid
25/09/2024
Expiry
20/11/2024
Consultation Expiry
-
associated_bldreg
-
Decision
CONDITION DISCHARGE REFUSED
Decision Date
19/12/2024
Decision Level
-
| # | Condition Details |
|---|---|
| 1 | 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 highway safety. |
| 2 | Notwithstanding the details set out in the application of the proposed landscaping of the site, a revised landscaping plan shall be submitted and approved of a landscaping scheme that,where practicable, retains all or some of the existing earth bund that separates the development site from the adjoining commercial land uses and the landscaping scheme shall be implemented in the first planting season after the completion of the development. REASON; The condition is required to secure the retention of as much of the existing earth bund as is practicable in the interests of protecting the amenities of both the existing and proposed occupiers. |
| 3 | 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 (c) 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, • archeological 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. |
| 4 | 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. |
| 5 | There shall be no site vegetation clearance between March to the end of August unless an ecologist or other suitably qualified person has first undertaken a checking survey immediately prior to the clearance to confirm that no active bird nests are present. REASON: To conserve protected species and their habitat in accordance with policy N4 of the Local Plan. |
| 6 | No development shall take place unless and until a final checking survey has been carried out by a suitably qualified person for the presence of active or hibernating hedgehogs, depending on the timing of the clearance programme. Where hedgehogs are found to present appropriate measures shall be taken to preserve habitats or transfer the animals to an alternative appropriate site. REASON; To ensure the development does not result in an adverse impact on hedgehog species. REASON FOR PRE-COMMENCEMENT; A pre-commencement survey is required to ensure that the site is not supporting hedgehog presence in the interests of preserving bio diversity and a protected species. |
| 7 | Prior to the erection of any garden fences or other means of enclosure to the dwellings provision shall be made for a hedgehog highway to enable uninterrupted and safe access for the species within the site and the agreed provision shall be maintained on the site at all times. REASON: To ensure that adequate access is provided for the species in the interests of preserving and promoting biodiversity associated with the development. |
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| Select all | Size | Date uploaded | |
|---|---|---|---|
| Application Form | |||
| Application Form | 767 kb | 25/07/2024 | |
| Consultee Responses | |||
| Consultee response - Environmental Protection (Contaminated Land) | 15 kb | 07/10/2024 | |
| Consultee response - Engineering Team (Highways) | 219 kb | 29/10/2024 | |
| Decision | |||
| Decision Notice Of Refusal | 471 kb | 19/12/2024 | |
| Officer Report | |||
| Compliance Officer Report | 326 kb | 19/12/2024 | |
| Supporting Documentation | |||
| Condition 3 & 4 - Proposed Construction Site Welfare Plan & Parking | 190 kb | 25/07/2024 | |
| Discharge Of Conditions Document | 243 kb | 25/07/2024 | |
| Condition 4 - Proposed Site Hard Standing Plan | 544 kb | 25/07/2024 | |
| Condition 9 - Proposed Boundary Treatment Plan | 536 kb | 25/07/2024 | |
| Condition 5 - Land Contamination - Phase 1 Report | 7081 kb | 06/08/2024 | |
| Condition 8 & 9 - Pre Commencement Hedgehog Survey Land Adjacent To Whitwell Place | 715 kb | 10/09/2024 | |
| Condition 6 - Proposed Materials | 464 kb | 25/09/2024 | |
| Consultee Name | Date Letter Sent | Consultation Expiry Date |
|---|---|---|
| Councillor S Kay (LOCKWOOD) | 26/09/2024 | - |
| Engineering Team (Highways) | 26/09/2024 | - |
| Environmental Protection Team | 26/09/2024 | - |