Location
LAND AT AND ADJACENT TO FORMER EMPIRE GARAGE
HIGH STREET
BOOSBECK
SALTBURN BY THE SEA
TS12 3AG
Proposal
Discharge of conditions 3 (Contaminated Land), 4 (Petroleum conditons), 5 (BNG Plan), 6 (BNG Habitat and Monitoring Plan), 7 (Highways Adoption), 10 (Materials External), 11 (Reinstatement of Access), 12 (Details of Roads, Footpaths and Open Spaces)for R/2025/0457/FF for change of use of land to for...
Application Type
Condition Discharge
Status
Valid
Parish(es)
Lockwood CP
Applicant
Sollett Brothers Ltd.
Applicant's Address
Former Empire Garage
High Street
Boosbeck
Redcar And Cleveland
TS12 3AG
Agent
Saddington Taylor Planning
Agent's Address
Mr Craig Stockley
Ashburn House
84 Grange Road
Darlington
DL1 5NP
Agent's work phone
Agent's email
Case Officer
Mrs H Conti
Case Officer Telephone
01287 612340
Case Officer Email
helen.conti@redcar-cleveland.gov.uk
Consultation Start
-
Weekly List Expiry Date
-
Date Received
21/09/2026
Date Valid
21/09/2026
Expiry
16/11/2026
Consultation Expiry
-
associated_bldreg
-
Decision
-
Decision Date
-
Decision Level
Sch 1 DELEGATED
| # | Condition Details |
|---|---|
| 1 | 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 Environment Agency’s Land Contamination Risk Management Guidance (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 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 Environment Agency’s Land Contamination Risk Management Guidance 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. REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site it relates to land contamination details which are often the first works on site and relate to site preparation. |
| 2 | Site Investigation Strategy No work should commence until a Site Investigation Strategy is implemented to determine the location and status of any underground fuel storage tanks and associated infrastructure (such as fuel pipework, the oil/water seperator and any ventilation pipework from both the tanks and seperator). This work should be implemented in phases: Phase 1 An investigation to determine the exact location of the underground fuel storage tanks and associated infrastructure if they remain in-situ. A non-intrusive surveying method would be acceptable (such as using a ground penetrating radar or other suitable geophysical technique). The survey should be coordinated and the results shared with the PEA and Planning Authority. The survey should define safe areas for ground penetrating works. The objective of Phase 1 would be to confirm that it is safe to carry out demolition and ground breaking works in the part of the site proposed for the extended fencing; the container storage; and the construction of a new storage building. Phase 2 An investigation to determine the status of the underground fuel storage tanks and the other associated infrastructure. This investigatory work will need to include an assessment of the contents of the tanks (whether water filled or not, including any water level, or whether filled with ballast or hydrophobic foam). The investigation should also determine whether fuel and ventilation pipework has been filled or removed. This work must be undertaken by a specialist who is suitably competent and trained to open tanks formerly used to store petrol (with additional precautions taken on the assumption that the tanks have not been permanently decommissioned). The investigation work should be coordinated with the PEA, and the PEA provided with an opportunity to observe the tank contents. The objective of Phase 2 would be to determine whether or not it would be appropriate to assess the structural integrity of the underground storage tanks and allow a permanent decommissioning to take place under the supervision of the PEA. Phase 3 An investigation to determine the structural integrity of the underground fuel storage tanks. This phase would be dependent on the outcome of the Phase 2 tank status investigation. If the tanks are observed to be water filled, or empty of any contents, then a structural integrity check will need to be undertaken by a suitably qualified person. The condition of the tanks and the assessment of structural integrity should be reported to the PEA and Planning Authority. The objective of Phase 3 would be to determine if the ground above the tanks, if they fall within the vicinity of the proposed vehicle tracking route, would be able to support the load of a fully laden heavy goods vehicle. The site operator may wish to take steps, in coordination with the PEA, to permanently decommission the tanks in a manner that would allow them to remain safe in-situ. 2) Classify the site as Contaminated Land The land must be classified as contaminated land and appropriate constraints on the development should be implemented, including restrictions on the future use of the site. The site owner should consider implementing a Decommissioning and Remediation Strategy based on the findings of the site investigation. REASON : To ensure there is no risk from historical petroleum storage REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site it relates to land contamination details which are often the first works on site and relate to site preparation. |
| 3 | Development may not be begun unless: a biodiversity gain plan has been submitted to the planning authority; and the planning authority has approved the plan. The biodiversity gain plan must include : - information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; - the pre-development biodiversity value of the onsite habitat; - the post-development biodiversity value of the onsite habitat; - any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development; - any biodiversity credits purchased for the development; and - any such other matters as the Secretary of State may by regulations specify. Reason: To enhance biodiversity in accordance with the National Planning Policy Framework. Reason for pre commencement condition: To ensure the statutorily required Biodiversity Net Gain is achieved and in accordance with paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 Article 35 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. |
| 4 | The development shall not commence until a [Habitat Management and Monitoring Plan (the HMMP)], prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority and including: (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 completion of development; and (e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority. REASON: To ensure the delivery of biodiversity net gain on site. |
| 5 | The development hereby approved shall not be commenced until the areas shown on the approved drawing ‘2511303 Rev. P01 - EXTENT OF NEW HIGHWAY’, (Appendix 2 of the Highway Appraisal Plus Appendices 02) received by the Local Planning Authority on 03/02/2026, or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority, have been offered for adoption as part of a Highways Act agreement. REASON: To ensure the satisfactory design layout and in the interests of free flow of traffic, safety of highway users and amenity of residents having regard for Local Plan Policy SD4 and sections 9 and 12 of the NPPF. REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing as highway works are essential for the visibility splay and highway safety. |
| 6 | Prior to any development above damp proof course details of the external materials to be used in the carrying out of this permission (including samples) shall have first 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 ensure that the appearance of the development would respect the site and the surroundings in accordance with policy SD4 of the Local Plan. |
| 7 | The existing north eastern vehicular access to ‘Former Empire Garages’ is not shown as being retained in its current position on the approved drawing ‘1809/7A - Proposed site plan’ received by the Local Planning Authority on 03/02/2026, that access shall be reinstated in accordance with details to be submitted to and approved in writing by the LPA prior to the new access hereby approved being brought into use prior to commencement of the development hereby approved. REASON: To confine access to the permitted points in the interests of good management of the highway and to minimise the number of vehicle accesses onto the highway in the interests of free flow of tra??ic and safety of highway users having regard for Local Plan Policy SD4 and sections 9 and 12 of the NPPF |
| 8 | Fully detailed drawings illustrating the design and materials of roads, footpaths and other adoptable open spaces shall be submitted to and approved in writing by the Local Planning Authority prior to the start of construction on site. The development shall be carried out in accordance with the approved details. REASON; To ensure a satisfactory form of development and in the interests of highway safety having regard for Local Plan Policy SD4 and sections 9 and 12 of the NPPF. REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing as highway works are essential for the visibility splay and highway safety. |
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| Select all | Size | Date uploaded | |
|---|---|---|---|
| Application Form | |||
| Application Form | 413 kb | 21/09/2026 | |
| Supporting Documentation | |||
| Conditions no.3 and no.4 - Phase 1: Desk Study | 20743 kb | 21/09/2026 | |
| Conditions no.3 and no.4 - Phase 2: Site Investigation | 4686 kb | 21/09/2026 | |
| The Statutory Metric Macro Disabled 1.0.4 (new) | 4134 kb | 21/09/2026 | |
| Condition no.10 - Schedule Of Materials | 226 kb | 21/09/2026 | |
| Covering Letter | 147 kb | 21/09/2026 | |
| Condition no.5 - Biodiversity Gain Plan | 1586 kb | 21/09/2026 | |
| Condition no.6 - Habitat Management and Maintenance Plan | 690 kb | 21/09/2026 | |
| Conditions no.11 and no.12 - Access and External Surfacing | 591 kb | 21/09/2026 | |
| Conditions no.11 and no.12 - Access and External Surfacing | 189 kb | 21/09/2026 | |
| Consultee Name | Date Letter Sent | Consultation Expiry Date |
|---|---|---|
| Councillor J McCue (SKELTON WEST) | 21/09/2026 | - |
| Councillor U Earl (SKELTON WEST) | 21/09/2026 | - |
| Engineering Team (Highways) | 21/09/2026 | - |
| Environmental Protection Team | 21/09/2026 | - |
| Petroleum Officer | 21/09/2026 | - |