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DELEGATED

AGENDA NO



PLANNING COMMITTEE:
4th June 2013






REPORT OF CORPORATE DIRECTOR,


DEVELOPMENT AND NEIGHBOURHOOD SERVICES


12/2047/OUT

Field at Grid Reference 440817 514442, Urlay Nook Road, Eaglescliffe

Outline application for residential development (C3) and creation of new highways access.
Expiry Date: 3 December 2012

SUMMARY

Outline planning permission is sought for a residential development on land to the west of Hunters Green, Eaglescliffe. The site is split by the A67 with the northern part being proposed for housing and open space and the southern part being utilised for a sustainable urban drainage scheme (surface water holding basin). Having initially been submitted as an outline application for up to 159 houses and seeking detailed approval for the access / spine road (with other matters being reserved), the application now leaves all matters reserved with only approval for the principle of development being sought. Notwithstanding this, with all outline applications there is a requirement to indicatively demonstrate the development is achievable. The indicative details as revised show the development site being accessed off Urlay Nook Road, with landscape buffers to the north, south and east, an area of open recreational space to the south west corner and 145 dwellings within the developed part of the site.

The site is located within the Defined Limits to Development, within the Yarm, Eaglescliffe and Preston Housing sub division area as detailed in the Core Strategy and an area indicated within the Core Strategy as being suitable for industrial uses. It lies adjacent to housing at Hunters Green (to the east), an approved industrial estate site to the west (subject to S106 being signed) and an approved housing site of Allens West (also subject to S106 being signed) to the north, beyond Urlay Nook Road and a railway line.
Significant objection has been raised against the application, the main thrust of which relate to the proposal being premature to the democratic process of site allocations via the development plan, the impact of traffic, the lack of services and resultant pressure on services including schools, the impact on wildlife and the overall sustainability of the proposal.
Consultation responses have been received from the Highways Agency, Natural England, the Environment Agency, Tees Archaeology, Tees Valley Wildlife Trust, the Head of Technical Services, The Head of Housing, Environmental Health and others. No objections are raised from statutory consultees subject to the imposition of conditions and agreements requiring mitigation and further investigative work to be undertaken at a later stage. This includes for works to the highway to mitigate traffic impacts, contaminated land survey work, ecological mitigation, demonstration of a suitable surface water drainage scheme and provisions / contributions to be made towards highway related matters / education / affordable housing as detailed within the Heads of Terms.

As the site is within the limits of development its development for housing is generally in accordance with the principles of saved Local Plan Policy HO3. Notwithstanding this, Core Strategy Development Plan Policy CS7 indicates that no additional housing sites would be allocated before 2016 and land for only 50 – 100 dwellings (approximate) will be allocated between 2016 and 2021 in this area. The proposal would therefore be contrary to this policy; however, guidance contained within the National Planning Policy Framework (NPPF) advises that authorities adopted housing policies should be considered out of date where the authority cannot demonstrate a 5 year supply of housing land. The Council has currently demonstrated a 4.08 year supply of housing land. In view of the advice within the NPPF, the site being an unallocated greenfield site within the Limits of Development and within the Yarm, Eaglescliffe and Preston Housing Sub Division area, the principle of residential development is considered to be acceptable.

Being outline with all matters reserved, the main considerations of the application beyond the principle of development relate to sustainability, traffic, indicative layout, contributions / provisions, ecology, archaeology, contamination. These have all been considered in detail within the report. It is considered that the impacts of additional traffic can be adequately mitigated as can impacts on archaeology and ecology, being limited likely impacts. The site is considered to be within reasonable distance of a range of services including education, retail, employment, leisure etc. and a bus service exists near to the local centre. It is therefore considered to be sufficiently sustainable in locational terms. Contamination and drainage along with other matters are recommended to be dealt with in detail by condition.
In view of all of the above it is considered that although contrary to the housing policies within the Core Strategy, the scheme would be in accordance with relevant saved policies of the local plan, the NPPF and other remaining core strategy policies.


RECOMMENDATION

That planning application 12/2047/OUT be approved subject to the following conditions and informatives and subject to a Section 106 Agreement being signed as detailed in the Heads of Terms below.


Should the S106 agreement not be signed within 2 months of the committee decision then the application be refused based on lack of adequate provision to make the development suitably operate, its inability to provide for future occupiers and it being contrary to policy requirements and the NPPF.


  1. Approved Plans

The development hereby approved shall be in accordance with the following approved plans;


Plan Reference Number Date on Plan

SI-001-Rev A 24th August 2012

Reason: To define the consent.


  1. Reserved Matters - Details

Approval of the details of the Appearance, Landscaping, Layout and Scale of the development known as the ‘Reserved Matters’ shall be obtained in writing from the Local Planning Authority before the development is commenced. The development shall be carried out in accordance with the approved plans



Reason: To reserve the rights of the Local Planning Authority with regard to these matters


  1. Reserved Matters - Time Period for submission

Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.



Reason: By virtue of the provisions of Section 92 of the Town and Country Planning Act 1990.


  1. Period for Commencement

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the latest.



Reason: By virtue of the provisions of Section 92 of the Town and Country Planning Act 1990.


  1. Street furniture

No development hereby approved shall be commenced on site until a scheme of street furniture including lighting columns has been submitted to and approved in writing by the local planning authority. The scheme shall include details of implementation and short term maintenance.

Reason: In order to achieve a satisfactory form of development in accordance with the requirements of Core Strategy Development Plan Policy CS3.


  1. Surface Water Drainage / Run Off Rate

No development shall commence on site until a scheme of surface water drainage for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail matters including discharge rates, overland flows, attenuation, future maintenance requirements and responsibilities and a timetable for implementation. The development shall be carried out in accordance with the approved scheme.
Reason: In order to adequately provide surface water drainage for the site without undue detrimental impact to Flood Risk, ecology and landscaping associated with the environment in accordance with the guidance of Core Strategy Development Plan Policy CS10.



  1. Foul Water Drainage

No development hereby approved shall be commenced on site until an adequate scheme has been submitted to and approved in writing by the Local Planning Authority which demonstrates that Foul Water Drainage from the site can be adequately dealt with taking into account connections and available capacity. The development shall be undertaken in accordance with the approved scheme.
Reason: In order to ensure the development adequately provides for its demands in this regard.


  1. Preliminary Risk Assessment

No development hereby approved shall be commenced on site until a preliminary risk assessment for the contamination of the site has taken place and the results of this has been submitted to and approved in writing with the Local Planning Authority. The preliminary Risk Assessment shall identify;


  • all previous uses

  • potential contaminants associated with those uses

  •  a conceptual model of the site indicating sources, pathways and receptors

  • Potentially unacceptable risks arising from contamination at the site.

No development hereby approved shall be undertaken on site until mitigation of the findings of the preliminary risk assessment has been undertaken in accordance with a scheme which has first been submitted to and approved in writing with the Local Planning Authority and verification of the schemes implementation has been submitted to and accepted in writing by the Local Planning Authority.

Reason:  To adequately deal with any contamination of the site in accordance with the requirements of NPPF.

9. Soil testing and mitigation

No development hereby approved shall be commenced on site until a scheme of testing of surface soils where infrastructure of the Elementis drainage system is near to surface (i.e. inspection chambers) and in areas intended for landscaping and residential gardens in close proximity to the drainage system, has been undertaken in accordance with methods to be first agreed in writing with the Local Planning Authority. The scheme shall include testing for heavy metals, Cr6 and Chromium III Cr3.

No development hereby approved shall be undertaken on site until mitigation for soil pollution has been undertaken in accordance with a scheme which has first been submitted to and approved in writing with the Local Planning Authority and verification of the schemes implementation has been submitted to and accepted in writing by the Local Planning Authority.

The developer must ensure that access is given at all times by means of the wayleave granted to Elementis on this land.


Reason:  Due to the potential for contamination from historical and adjacent land uses in accordance with the requirements of NPPF.


  1. Levels

The development hereby approved shall be carried out in accordance with a scheme of levels to be submitted to and approved in writing with the Local Planning Authority prior to the development commencing. The scheme shall detail existing and proposed land levels and finished floor levels of properties within the site.
Reason: In order to ensure sufficient amenity is provided for future occupiers in accordance with guidance contained within the NPPF.


  1. Means of Enclosure

No development hereby approved shall be commenced on site until a scheme detailing boundary treatments has been submitted to and agreed in writing by the Local Planning Authority. This scheme shall include a schedule of implementation of all boundary treatments and maintenance for those boundary treatments out-with property curtilages. The development shall be carried out in accordance with the approved details.



Reason: To ensure a high quality treatment is achieved at an appropriate time during the construction phase of the development in the interests of visual amenity, privacy and highway safety in accordance with Stockton on Tees Core Strategy Policies CS2 (Sustainable Transport and Travel) and CS3 (Sustainable living and climate change).


  1. Minimise energy consumption

Prior to the above ground commencement of any of the development hereby approved, a written scheme shall be submitted to and approved in writing by the local planning authority which details how the predicted CO2 emissions of the development will be reduced by at least 10% through the use of on-site renewable energy equipment or the use of specific building materials. The carbon savings which result from this will be above and beyond what is required to comply with Part L Building Regulations or other such superseding guidance. Before the development is occupied the approved scheme of reduction shall have been implemented on site and brought into use where appropriate. The approved scheme shall be maintained in perpetuity thereafter.




Reason: In the interests of promoting sustainable development in accordance with the requirements of the Regional Spatial Strategy and Stockton on Tees Core Strategy Policy CS3(5) Sustainable living and climate change.


  1. Code construction

All residential units shall be built to achieve Code Level 4 of Lifetime Homes Standards or any other equivalent Building Regulation rating at the time of the submission of the application for reserved matters and shall have been agreed in writing with the Local Planning Authority before development commences.



Reason: In order to minimise energy consumption in accordance with Stockton-On-Tees Core Strategy Development Plan Policy CS3.


  1. No burning of waste.

During the construction phase of the development there shall be no open burning of waste on the site.



Reason: To protect the amenity of the occupants of nearby properties.


  1. Construction working hours

No construction/building works or deliveries shall be carried out / received except between the hours of 8.00am and 6.00pm on Mondays to Fridays and between 9.00am and 1.00pm on Saturdays. There shall be no construction activity on Sundays or on Bank Holidays.



Reason: To protect the amenity of the occupants of nearby properties.




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