Item 6 Page 1 SEDGEFIELD BOROUGH COUNCIL

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1. 7/2006/0428/DM APPLICATION DATE: 30 June 2006

PROPOSAL: RESIDENTIAL DEVELOPMENT (OUTLINE APPLICATION)

LOCATION: SITE N COBBLERS HALL NEWTON AYCLIFFE CO DURHAM

APPLICATION TYPE: Outline Application

APPLICANT: Sedgefield Borough Council Council Offices, Spennymoor, Co Durham,

CONSULTATIONS

1. GREAT AYCLIFFE TC 2. Councillor J. Gray 3. Cllr. B A Clare 4. Cllr K Henderson 5. DCC (PLANNING) 6. DCC (TRAFFIC) 7. NORTHUMBRIAN WATER 8. ENGLISH NATURE 9. ENV AGENCY 10. WILDLIFE TRUST 11. ENGINEERS 12. ENV. HEALTH 13. Lee White 14. L.PLANS 15. LANDSCAPE ARCH 16. DCC (PROWS)

NEIGHBOUR/INDUSTRIAL

Cobblers Hall Residents Assoc. DISC Village Pharmacy Pioneering Care Partnership Princess Royal Trust Jubilee Medical Trust Ida Place:1,2,3,4 Public House Unit 10 Unit 9 Unit 8 Unit 7 Unit 6 Unit 5 Unit 4 Unit 3 Unit 2 Unit 1 Petrol Station Page 47 Page 2 SEDGEFIELD BOROUGH COUNCIL

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Callerton Rise:143,142,131,130,129,128,127,126,125,124,123 Phoenix Place:43,44,45,46,47,48,37,38,40 Deleval Close:122,121,120,119,118,117,116,115,114,113,112,89,88,87,86,85,84,83,82,81 Elemore Place:49,50

BOROUGH PLANNING POLICIES

D1 General Principles for the Layout and Design of New Developments D13 Development Affecting Watercourses H1 Housing Development in Newton Aycliffe, Spennymoor, Shildon and Ferryhill H2 Major Housing Sites in above Four Towns

______

THE PROPOSAL

Sedgefield Borough Council is applying for outline planning permission for residential development on Site N, Cobblers Hall, Newton Aycliffe with details relating to siting of buildings, design and external appearance, means of access and landscaping reserved for submission at a later date. The 1.77 hectare (4.37 acres) site is bound to the east by Burnhill Way, south by Cobblers Hall Village Centre, west by the PCC building and north by the wetland area adjacent to Site O that is the subject of a separate application.

Site N is one of the last remaining undeveloped sites within the Cobblers Hall area identified for housing within the Cobblers Hall Development Brief (Revised September 2000).

CONSULTATION AND PUBLICITY RESPONSES

The Great Aycliffe Town Council have offered no objection to the proposal.

The County Highways Engineer has offered no objection to the proposal.

The County Council Policy Team has made no comments to date.

Northumbria Water has made no comment to date.

English Nature has raised no objection to the development but advised that the site may support breeding birds. Therefore it is important that the applicant is aware of their obligations under the Wildlife and Countryside Act 1981 and that no site clearance works or development affecting vegetation should take place between March and July inclusive unless it can be demonstrated that such habitats that are affected have been inspected by a suitable experienced person on the day on which the removal is to occur.

Durham Wildlife Trust has advised that whilst there are no protected species issues on the site they do have concern over the impact on the Local Nature Reserve and they suggest that a buffer to the LNR is provided to prevent unregulated access.

The County Archaeologist has offered no objection to the proposal.

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The Environment Agency has offered no objections to the proposal but have recommended that the findings of the ecological surveys be taken into account in the detailed design of the proposed development.

Site notices were erected, an advertisement placed in the local press and letters were sent to neighbouring occupiers advising of the application. To date no letters have been received from neighbouring occupiers.

PLANNING CONSIDERATIONS

The main planning considerations in this case are:

Compliance with National Planning Policy and Guidance, Local Plan Policies, Supplementary Planning Guidance and the revised Cobblers Hall Development Brief. Impact on Ecology Affordable Housing Landscaping and Drainage

Compliance with National Planning Policy and Guidance, Local Plan Policies, Supplementary Planning Guidance and the revised Cobblers Hall Development Brief.

There is a longstanding presumption for housing on the application site. Site N is within the built up framework of Cobblers Hall, an area of some 69.38 hectares that was identified for housing development within the Newton Aycliffe New Town Expansion Master Plan in 1967. The principles of the broad land use pattern were established within the Newton Aycliffe Northern Area Study in 1982. Outline Planning Approval was granted for the broad land use pattern in 1989. The adopted Sedgefield Borough Local Plan provides the main policy context for the Cobblers Hall Development Brief approved by the Borough Council as Supplementary Planning Guidance to govern the future development of the area in 1992. The Council’s Development Control Committee agreed a number of minor revisions to the brief in 1997. The Borough Council Cabinet agreed a further revision after extensive consultation, in September 2000. There can be little doubt therefore that whilst the Government is encouraging the use of previously developed land for new housing, the principle for housing on the application site has been well established for over 35 years and given its location would relate well to surrounding development.

In assessing this application regard must be given to Government Guidance in the form of Planning Policy Guidance Note 3 ‘Housing’ in which the Government aims ‘To promote more sustainable patterns of development and make better use of previously-developed land’. PPG 3 gives greater emphasis to development on brownfield sites, to the design and layout of new housing estates and for development to be built at higher densities than previously achieved.

In this case the application site is a Greenfield site. Whilst it is acknowledged that the presumption for development is for previously developed sites it is considered the development of this site is acceptable. This scheme does help meet the housing requirements of Newton Aycliffe and the wider Borough and will widen the housing choice within this community; there is an insufficient availability of previously-developed sites in the Borough which necessitates the development of Greenfield sites; the proposal will exploit its accessibility and increase the intensity near to public transport nodes; and, it will be an efficient use of land. In addition, the Council will ensure that any approved scheme will promote good design in housing development and have regard to the recentlyPage endorsed 49 CABE guidance. Page 4 SEDGEFIELD BOROUGH COUNCIL

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Within Sedgefield Borough there are a limited number of brownfield sites. This would indicate there is a need to release some Greenfield land for development. It is considered that in terms of housing requirement the Durham Structure Plan is effectively defunct as it only deals with the period to 2006.

The North East Assembly have recently produced the Submission Draft Regional Spatial Strategy. This document will form part of the statutory development plan for the Borough once it is approved. Policy 30 identifies the proposed housing distribution for the Submission Draft RSS. Sedgefield Borough is expected to provide an annual average 260 net new dwellings over the period 2004-2011, annual average 235 net new dwellings 2011-2016, and annual average 200 net new dwellings 2016-2021. This equates to an additional circa 3,000 net new dwellings between 2004 and 2016

The current position is as follows:

Committee resolutions - 270 dwellings at Shildon-on-Track (Government Office has not called-in the application but awaiting completion of a S106 agreement)

Completions - 115 housing in 2005 (a shortfall of 145 on Submission Draft RSS level of 260 per year)

Completions - 131 housing in 2006 (a shortfall of 129 on Submission Draft RSS level of 260 per year)

Land availability at 1st April 2006 – 1292 dwellings with permission

Housing supply at 1st April 2006 - equates to 1292 (Dwellings with permission) – 274 (shortfalls from 05 and 06 added together) = 1018.

Based on a build rate of 260 dwellings per annum using Submission Draft RSS this would equate to 3.92 years housing supply as of 01/04/2006.

This figure excludes Shildon on Track. The inclusion of this scheme would mean that, the supply is 1288 dwellings or 4.95 years using the Submission Draft RSS. This demonstrates that, taking into account Shildon on Track, the Borough currently has just under a four-year supply of housing.

This emphasises that planning permissions for housing need to be granted in advance of the Major Allocations DPD (not due for adoption until 2010) in order to maintain a five-year supply of housing. In the meantime, the Borough Council will still have to provide land for housing to maintain an adequate supply. The only stipulation being that such sites represent a sustainable option for development.

PPG3 advocates the need to create more sustainable patterns of development and ensure that the focus for additional housing is in existing towns and cities. The Government’s concept of sustainable development in practical terms means ensuring that new development is well related to the existing transport network, and the need to travel to work, shops, social and leisure facilities is minimised and maximum use can be made of public transport.

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It also involves protecting the countryside from inappropriate development by giving priority to the development of derelict or redundant sites within built-up areas in preference to Greenfield sites.

PPG3 also promotes the creation of more sustainable patterns of development building in ways that exploit and deliver accessibility by public transport to jobs, education and health facilities, shopping, leisure and local services. The Government urges the promotion of the following: o Development that is linked to public transport; o Mixed use development; o A greener residential environment; o Greater emphasis on quality and designing places for people; and o The most efficient use of land.

Site N at Cobblers Hall is located the following distances from the following services and facilities:

Type of Service/Facility Distance from Site N Public transport node (Bus Stop) 0.1 miles on Burnhill Way Post Box 0.3 miles Golf Club 0.6 miles Cobbler’s Hall Village Centre 0.3 miles Woodham Shops 0.9 miles Major supermarket (Tesco) 0.9 miles

Facilities at Cobblers Hall Village Centre (which is 0.3 miles from Site N) includes the following: o Mr Chippy – Fish & Chip Shop o Happy Valley – Chinese Take Away o Cobblers Hall Tandoori – Indian Take Away o The Olive Garden – Pizza & Kebab Shop o Coral – Bookmakers o The Worx – Hair – Beauty - Tanning o Opticians o Sainsbury’s at Bell’s stores (open 6am – 11pm) o Cobblers Hall Public House o Pioneering Care Centre/Jubilee Medical group o Roselodge care home o 2 units have yet to be taken up.

The following facilities are located at Woodham shops (which is 0.9 miles from Site N): o Dental Surgery o Woodham news and post office o Hair Salon o Indian Take Away o Pizza Take Away o Church – St Elizabeth’s o Community Centre o Public House – The Huntsman o Fish & Chip Shop o Lifestyle general dealers off-licence and video hire.

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The facilities located at these two village centres demonstrate that a range of convenience, health, service, community and a limited amount of leisure uses are located within 0.9 miles of Site N.

In terms of access to public transport the proposed development is considered to be in close proximity to public transport links that provide many links to surrounding towns. A breakdown of the sites accessibility in terms of public transport can be viewed in Appendix 1.

The proposed development has been assessed against relevant Local Plan Policies and is in accordance with the Sedgefield Local Plan Policy H1 and H2 as an area suitable for housing. The proposed development is substantially surrounded by housing, would not lead to an extension into open countryside and is acceptable in terms of design. In conclusion it is apparent that Site N satisfies many of the Government’s objectives relating to sustainable housing development. The site has a range of facilities including everyday goods located within convenient walking distance. Therefore the need to travel by private transport to convenience shops, everyday facilities, health, social and a limited amount of leisure facilities is minimised.

Impact on Ecology

As part of the application a detailed ecological report has been submitted that has looked at both flora and fauna. In addition a detailed Great Crested Newt Survey was undertaken and after extensive surveying of the site concluded that Great Crested Newts were not present on the site and as such no mitigation or compensation is required.

Affordable Housing

National Context Planning Policy Guidance Note 3 (Housing) states that the need for affordable housing is a material planning consideration. In order for Local Authorities to request affordable housing provision, there is a need to demonstrate a lack of affordable housing to meet local needs through evidence, such as Housing Needs Survey.

Draft Planning Policy Statement 3 (Housing) and Circular 6/98 reinforces the Government view that there is a need for a sound evidence base to justify affordable housing provision.

Paragraph 10 of Circular 06/98 states that Local Authorities should assess the suitability of sites for the provision of affordable housing against the following criteria:

• it will be inappropriate to seek any affordable housing on some sites. In practice the policy should only be applied to suitable sites over 25 dwellings or more (this has been reduced to 15 dwellings or more in Draft PPS 3); • the proximity of local services and facilities and access to public transport; • whether there will be particular costs associated with development of the site; • whether the provision of affordable housing would prejudice the realisation of other planning objectives that need to be given priority in development of the site; • wherever possible such sites should incorporate a mix of affordable housing types, such as family housing and homes for smaller households; and,

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• care is needed in determining the proportion of affordable housing in the overall numbers on the site and in implementation and subsequent management of the affordable housing element.

Local Context

The Council’s Corporate Plan, the Local Strategic Partnership’s Community Strategy and Action Plan, and Housing Strategy seek to prioritise investment in the three housing priority areas of Dean Bank, Ferryhill Station and West Chilton to help regenerate them so that they have a sustainable future as a community. To help achieve this aim of the Council, there has been Masterplanning work undertaken to provide a housing and economic case for intervention in these communities. The Borough Council’s Cabinet adopted these Masterplans on 13th July 2006.

To help resource these interventions, the Council took a formal decision through its Cabinet on 30th September 2004 that capital receipts generated from Council land sales will be used for the purposes of regeneration activities or the provision of affordable housing in accordance with the ODPM definition.

Newton Aycliffe

The Housing Needs Survey 2003 identifies that despite evidence of the need for affordable housing, there are wider issues to consider when setting targets for the delivery of affordable housing. Primarily, there is a need to build viable, sustainable developments and that planning should provide for balanced communities. The Housing Needs Survey recommends that 20% of new dwellings to be provided should be for affordable housing but that targets may vary above and below this level. This target figure must also take into account existing supply, survey demand and other planning, sustainability and economic factors.

The Dwelling Balance Analysis that was undertaken as part of the 2003 survey highlights that in terms of private stock, there is a general surplus of 2, 3 and 4-bed houses and a shortfall in the provision of 2-bed flats and bungalows, and 1-bed houses. In terms of affordable stock, there is a shortfall in 4-bed houses (due to a low supply of these properties in Newton Aycliffe) but the biggest issue is in relation to a shortfall in 1 and 2-bed flats.

The Borough Council undertook a desktop update to the Housing Needs Survey in 2005. This update has highlighted the need to address the intermediary housing market for those residents that have been priced out of the purchase market over the last two years. This has been due to the significant increase in property prices over recent years. The update also recognised that there is high demand and need in Newton Aycliffe that requires the provision of additional market and affordable housing.

The Borough Council has started to tackle these issues directly with the release of the land at Hawkshead Place. The Council has employed an innovative delivery solution to this site through the use of a Registered Social Landlord rather than a private house builder as the primary delivery agency.

Cobblers Hall Area The following information has been obtained from HM Land Registry to assess the increase in property prices by house type within the Cobblers Hall postcode area. Page 53 Page 8 SEDGEFIELD BOROUGH COUNCIL

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DL5 4 Detached Semi-Detached Terraced Flat Overall Jan – March 2002 £93,340 £49,027 £37,762 - £66,742 93.31% 97.56% 111.36% - 81.98% Jan – March 2006 £180,995 £96,858 £79,813 - £121,458

This increase in house prices across the postcode area for Cobblers Hall verifies the evidence within the desktop survey. Due to the inactive property market of flats (less than 3 sales in the period), it is inconclusive to identify the prices of this housing type in the locality.

Whilst it could be argued that the terraced properties are still affordable given the acceptable relationship between the property price and incomes, it is debateable whether this housing type is the type of provision that the community is demanding. The Dwelling Balance Analysis highlights that there is a shortfall in 4-bed houses and flat/apartment accommodation. This indicates that this is clear evidence to suggest that there is still a need to provide some affordable housing (possibly in the form of shared equity accommodation), in those specific housing types.

It is the Government’s intention that Local Authorities should provide sustainable, mixed and balanced communities. To fully appreciate the wider setting of the specific site, there is however a need to consider the housing provision in close proximity to the site.

The Cobblers Hall area has been developed primarily as a private housing estate, with a small element of affordable accommodation (older persons accommodation), district shopping centre, and health facilities. Similarly, the housing estate to the south of Burn Lane is private housing stock. The adjacent Agnew estate was developed as a social housing area. Sites O & N demarcate the crossover area between the housing areas dominated by either private stock or Council built stock.

Affordable Housing Conclusion

The Cobblers Hall Sites O & N clearly satisfy the majority of the criteria of Circular 6/98 paragraph 10. However, there is one criterion where there is a need for further debate – whether the provision of affordable housing would prejudice the realisation of other planning objectives that need to be given priority in development of the site.

There is a clear Corporate and LSP priority to regenerate parts of the Council’s former coalfield communities of Dean Bank, Ferryhill Station and West Chilton. To help finance the regeneration of these communities, a significant level of funding is required. The Capital Receipts generated by the sale of Cobblers Hall Sites O & N would be used to help finance these regeneration projects (Cabinet recommendation 30th September 2004). By requiring affordable provision on Sites O & N, this will have an obvious and significant negative impact upon the expected Capital Receipt and as a consequence, a negative impact regarding the funding of these coalfield regeneration projects.

The crux of the matter is whether the need for affordable housing within this specific area of the Borough is more important than the realisation of wider Borough planning and corporate objectives of regenerating its communities.

DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______take priority in this case. Therefore, given the exceptional circumstances that have been demonstrated, no affordable housing will be required.

Landscape and Drainage

Amenity open space is an essential part of each development. Substantial provision has already been made with the introduction of the green wedges to incorporate amenity open space around the development areas. Between Sites O and N is also a Local Nature Reserve providing additional amenity space. The requirement, therefore, for an area of open space to be provided within the application site is not essential.

In terms of landscaping for the site the landscaping strip must be retained along Burnhill Way however, it should be noted that full landscaping details must be submitted at the reserved matters stage should outline permission be granted.

Regarding surface water drainage a scheme of surface water attenuation will be introduced for Cobblers Hall utilising ‘The Moor’. Whilst the application site itself is considered to be of a low flood risk in the Draft Strategic Flood Risk Assessment surface water run off from the site may impact on Woodham Burn that is prone to flooding. Therefore, where a localised drainage issue has been identified there must be consideration of mitigation measures to ensure flood risk is not increased either up or down stream. Any developer would be required to submit details of surface water drainage to the Council prior to works commencing on site and ensure that the surface water drainage scheme from the site be completed and operational on completion of the access roads (excluding the final wearing course).

CONCLUSION

It is considered that the development meets the requirements of PPG3 in terms of its compliance with National Planning Policy and Guidance, Local Plan Policies, Supplementary Planning Guidance and the revised Cobblers Hall Development Brief.

Finally, should Members be minded to grant planning permission for the development the application will need to be referred to the Government Office for the North East (GONE) under the Town and Country Planning (Residential Development on Greenfield Land) (England) Direction 2000. This is because the proposal is on a Greenfield site that forms part of a more substantial proposed development, on the same land or adjoining land.

The notification requirements of the Direction provide GONE an opportunity to check general compliance with the guidance set out in Government, Regional and Local Plan Policy and to consider whether the application should be called in for determination.

HUMAN RIGHTS IMPLICATIONS

It is considered that in general terms the provisions of the Human Rights Act 1998 have been taken into account in dealing with the above application.

SECTION 17 OF THE CRIME AND DISORDER ACT 1998

Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determiPagenation 55 of this application, in accordance with Page 10 SEDGEFIELD BOROUGH COUNCIL

DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to refuse planning permission, officers consider that the proposal will not undermine crime prevention or the promotion of community safety.

RECOMMENDATION

It is recommended that conditional planning permission should be granted following referral of the application to the Government Office to the North East.

1. Application for approval of the Reserved Matters shall be made to the Local Planning Authority not later than the expiration of THREE years from the date of this permission and the development to which this permission relates must 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 such matter has been approved. Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004

2. Before any works are commenced detailed drawings and/or other specifications required by the following reserved matters shall be submitted to and approved by the Local Planning Authority:

a) Siting of Building/s b) Design and External Appearance of Building/s c) Means of Access to Buildings d) Landscaping of Site

Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004

3. The development hereby approved shall be carried out only in accordance with the approved plans, specifications and conditions hereby imposed. Reason: To ensure that a satisfactory form of development is obtained.

4. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies installed in accordance with a scheme previously submitted to and approved by the Local Planning Authority. Roof water shall not pass through the gully. Reason: To prevent pollution of the water environment and to comply with Policy D13 (Development Affecting Watercourses) of the Sedgefield Borough Local Plan.

5. There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways. Reason: To prevent pollution of the water environment and to comply with Policy D13 of the Sedgefield Borough Local Plan.

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6. Notwithstanding the details shown on the plans hereby approved, full details of the surface water and foul drainage systems shall be submitted to and approved in writing by the Local Planning Authority prior to any development commencing on site. Reason: To prevent pollution of the water environment and to comply with Policy D13 (Development affecting watercourses) of the Sedgefield Borough Local Plan.

7. On the completion of the access road (excluding the final wearing course) the surface water drainage scheme shall be implemented in accordance with the approved details to the satisfaction of the local planning authority. Reason: To prevent pollution of the water environment and to comply with Policy D13 of the Sedgefield Borough Local Plan.

8. Prior to the commencement of development a detailed phasing plan for development shall be submitted to and approved in writing by the Local Planning Authority. The development shall progress in accordance with this plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a satisfactory standard of development and in accordance with Policy D1 (General Principles for the Layout and Design of New Development) of the Sedgefield Borough Local Plan.

9. Prior to the commencement of development on site a vehicle wheel washing facility shall be installed at the main exit from the site. All construction traffic leaving the site must use the facility and it must be available and maintained in working order at all times. Reason: In the interest of amenity and to reduce the amount of mud on the roads and in accordance with Policy D1 (General Principles for the Layout and Design of New Developments) of the Sedgefield Borough Local Plan.

10. Prior to the commencement of development a detailed plan indicating the location of material storage and employee parking on site shall be submitted to and approved in writing by the Local Planning Authority. These areas shall be available and used at all times during construction. Reason: In the interest of amenity during the construction of the development and to comply with Policy D10 (Location of Potentially Polluted Developments) of the Sedgefield Borough Local Plan.

11. There shall be no site clearance or ground disturbance during the months of March and August inclusive unless it can be proven by a suitably experienced person that no nesting birds are utilising the site on the day such clearance is due to take place. Reason: In order to safeguard protected species in accordance with Policy E14 (Safeguarding Plant and Animal Species Protected by Law) of the Sedgefield Borough Local Plan.

INFORMATIVE: REASON FOR GRANT OF PLANNING PERMISSION In the opinion of the Local Planning Authority the proposal represents an acceptable form of development in terms of its location.

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The decision to grant planning permission has been taken having regard to the key policies in the Sedgefield Borough Local Plan as set out below, and to all relevant material considerations, including Supplementary Planning Guidance: H1 - Housing Development in Newton Aycliffe H2 - Major Housing Sites in above Four Towns.

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Appendix 1

Site N – Assessment of Public Transport

The closest public transport nodes to Site N are located at distances of 0.1 miles away, on Burnhill Way and at Cobblers Hall Shops. However additional bus stops are also located on Burn Lane (a distance of 0.3 miles away), Agnew Way (a distance of 0.2 miles away), Cobblers Hall Road (a distance of 0.4 miles away) and Newton Aycliffe Town Centre (a distance of 0.9 miles away). There are a number of bus services that call at these bus stops, and below is an analysis of these services in terms of their destinations, and the frequency they visit the area.

The following bus service(s) are accessible from the bus stop on Burnhill Way: o 723 o 16 o 13, 13A

The following bus service(s) are accessible from the bus stop on Burn Lane: o 91, 93 o 16

The following bus service(s) are accessible from the bus stop on Agnew Way/Well House Drive: o 723

The following bus service(s) are accessible from the bus stop at Woodham Cobblers Hall Shops: o 4/4A/4B

The following bus service(s) are accessible from the bus stop at Newton Aycliffe Town Centre: o 213 o 75/76 o X61

The following bus service(s) are accessible from the bus stop on Cobblers Hall Road: o 15

Analysis of Bus Services

4/4A/4B – Bishop Auckland to Newton Aycliffe via Shildon.

This service is operated by Arriva North East and stops at Cobblers Hall Shops at Burnhill Lane (0.1miles from Site N) every day of the week. The service commences at Bishop Auckland and travels to Woodham, and then on to Aycliffe Industrial Estate where it terminates and makes the return journey.

The Bishop Auckland to Woodham service runs on the days Monday – Saturday with the first bus stopping at just after 07:00am in Woodham. The service continues to arrive into Woodham at a frequency of every 30 minutes until approximately 23:30pm when the final bus disembarks.

On a Sunday the first bus service from Bishop Auckland does not arrive into Woodham until approximately 11:30am and then calls at evPageery subsequent 59 half hour until 23:35pm. Page 14 SEDGEFIELD BOROUGH COUNCIL

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The Woodham – Bishop Auckland service commences its first shuttle from Woodham at 06:40am and then continues to leave at every subsequent 30mins until approximately 23:30pm when the final bus service departs.

On a Sunday the bus service leaves Woodham at approximately 11:30am to make the return journey to Bishop Auckland. This occurs every hour until the final trip which leaves at around 23:30pm.

It takes around 45 minutes for the bus service to complete a route in either direction.

15 – Darlington to Spennymoor via Newton Aycliffe, Chilton and Kirk Merrington.

This service is operated by Arriva and runs in both directions at a frequency of 2 per hour on a Monday to Saturday from approximately 07:00am – 19:30pm. This service calls at the bus stop located on Cobblers Hall Road. This bus stop is 0.4m from Site N. No service is provided on an evening or on Sundays. It takes just less than an hour for this service to complete a route in either direction.

16 – Newton Aycliffe to Morden via Darlington

This service is operated by Arriva and runs in both directions at a frequency of 1 per hour on a Monday to Saturday from approximately 07:50am until 18:00pm. This service calls at the bus stop located on Burnhill Way. This bus stop is 0.1m from Site N. No service is provided on an evening or on Sundays. It takes just less than an hour for this service to complete a route in either direction.

X61 – Durham – Ferryhill – Chilton – Newton Aycliffe – Darlington – Stockton – Middlesbrough – Whitby – Scarborough

This service is operated by Arriva and run once daily in either direction on a Saturday and Sunday (from 27 May to 30 September) and also during bank holidays and County Durham School summer holidays. The service commences at Durham Bus Station at 08:45am and calls at Newton Aycliffe Town Centre at 09:10am before stopping at various locations prior to arriving into Scarborough at 11:45am. The return journey leaves Scarborough at 17:30pm and calls at Newton Aycliffe Town Centre at 19:58pm before terminating at Durham Bus Station at 20:22pm. It takes approximately 3 hours for this service to complete a journey.

75/76 – Darlington to Barnard Castle via Staindrop and A688

This service is operated by Arriva and runs in both directions at a frequency of 2 services per hour on a Monday to Saturday from approximately 07:40am – 18:00pm when the service reverts to an hourly service until 21:20pm. On a Sunday and Bank Holidays an hourly service is provided in either direction. The service calls at the bus stop at Newton Aycliffe Town Centre (0.9 miles from Site N). It takes approximately 1hour 20minutes to complete a route in either direction.

91/93 – Bishop Auckland to Darlington via Shildon and Newton Aycliffe.

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This service is operated by Arriva and runs in both directions at a frequency of 2 services per hour on a Monday – Saturday daytime, with no service available on evenings after 19:00 or on Sundays. The service calls at the bus stops located on Burn Lane (0.3m from Site N). It takes approximately 1hour for this service to complete a journey in either direction.

213 – Darlington to Sunderland

This service is operated by Arriva and runs in both directions at a frequency of 1 service per hour on every day of the week from 06:30am – 22:46pm. The service commences at Darlington and travels to Newton Aycliffe Town Centre (0.9miles from Site N) before heading onto Sunderland. It takes approximately 2 hours for this service to complete a route in either direction.

723 – Darlington to Durham via Newton Aycliffe and Ferryhill.

This service is operated by Arriva and calls at the bus stops on Burnhill Way (0.1 miles from Site N) every day of the week. The service commences at Darlington and travels to Framwellgate Moor in Durham, calling at Newton Aycliffe and Ferryhill on the way.

The 723 (Darlington – Durham) service runs on the days Monday – Saturday with the first bus stopping at just before 06:00am in Woodham. The service continues to arrive in Woodham at a frequency of every 30 minutes until approximately 20:00pm. After this time the services will arrive into Woodham on an hourly basis until approximately 23:20pm when the final bus arrives.

On a Sunday the first bus service from Darlington does not arrive into Woodham until just after 10:00am and then calls at every subsequent hour until 23:20pm.

The 723 (Durham – Darlington) service arrives into Woodham at 05:45am and then every subsequent half hour until 20:15pm. After this time the bus services arrive on an hourly basis until 23:20pm. On a Sunday the first bus service from Durham arrives into Woodham at 10:10am, and then calls at every subsequent hour until 23:20pm.

It takes around 1hour 20 minutes for the bus services to complete a route in either direction.

13, 13A – Durham to Darlington via Newton Aycliffe and Coxhoe

This once daily service is operated by Arriva and calls at the bus stops on Burnhill Way (0.1 miles from Site N) on the days Monday - Saturday. The service commences at Durham Bus Station at 06:18am and travels to Darlington Town Centre (07:45am), calling at Burnhill Lane, Newton Aycliffe (07:14am) on the way. It takes around 1hour 25minutes for the bus service to complete its route.

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2. 7/2006/0429/DM APPLICATION DATE: 30 June 2006

PROPOSAL: RESIDENTIAL DEVELOPMENT (OUTLINE APPLICATION)

LOCATION: SITE O COBBLERS HALL NEWTON AYCLIFFE CO DURHAM

APPLICATION TYPE: Outline Application

APPLICANT: Sedgefield Borough Council Council Offices, Spennymoor, Co Durham

CONSULTATIONS

NEIGHBOUR/INDUSTRIAL

Cobblers Hall Residents Assoc. Ashtree Close:1,3,5,7,9,11,15,17,19,21,23,25,27,29,31,33,35,37,39,41,43,45,47,49,51,53,55,57,2,4,6,8, 10,12,14,16,18,20,22,24,26,28,30,32,34,36,38,40 Public House Unit 10 Unit 9 Unit 8 Unit 7 Unit 6 Unit 5 Unit 4 Unit 3 Unit 2 Unit 1 Carwardine Close:25,24,23,22,21,20,19 Pinewood Close:9,10,11,12,14,15,16,17,18,19,20,21 Bloomsley Close:10,9,8,7,6,5,4,3,2,1 Page 62 Page 17 SEDGEFIELD BOROUGH COUNCIL

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Princess Royal Trust Pioneering Care Partnership Village Pharmacy DISC Foxglove Close:29,30,31 Forster Close:9,8,7,6,5,4,3,2,1

BOROUGH PLANNING POLICIES

H1 Housing Development in Newton Aycliffe, Spennymoor, Shildon and Ferryhill H2 Major Housing Sites in above Four Towns

______

THE PROPOSAL

Sedgefield Borough Council is applying for outline planning permission for residential development on Site O, Cobblers Hall, Newton Aycliffe with details relating to siting of buildings, design and external appearance, means of access and landscaping reserved for submission at a later date. The 3.96 hectare (9.78 acres) site is bound to the south by the PCC building and site N, east by ‘The Moor’, north by Cobblers Hall Road and west by residential properties known as Ash Tree Close.

Site O is the larger of the two remaining undeveloped sites within the Cobblers Hall area identified for housing within the Cobblers Hall Development Brief (Revised September 2000).

CONSULTATION AND PUBLICITY RESPONSES

Great Aycliffe Town Council have offered no objection to the proposal.

The County Highways Engineer has offered no objection to the proposal.

The County Council Policy Team has not offered any comment to date.

The County Archaeologist has offered no objection to the proposal.

Northumbria Water has not offered any comment to date.

The Environment Agency have offered no objections to the proposal but have recommended that the findings of the ecological surveys be taken into account in the detailed design of the proposed development.

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Site notices were erected, an advertisement placed in the local press and letters were sent to neighbouring occupiers advising of the application.

To date two letters of objection have been received from a local resident who overlooks the application site. The objections primarily concern loss of view and de-evaluation of property both of which are not material planning considerations. The objector is also concerned that ‘with more houses in the area there will be more people walking past their property and also more noise which would be disappointing’. Additional dwellings will result in more people using the public footpath network but this is considered to be inevitable consequence and not a matter which would warrant refusal of the application. The second letter of objection is due to the proximity of the nature reserve to the application site.

PLANNING CONSIDERATIONS

The main planning considerations in this case are:

Compliance with National Planning Policy and Guidance, Local Plan Policies, Supplementary Planning Guidance and the revised Cobblers Hall Development Brief.

There is a longstanding presumption for housing on the application site. Site O is within the built up framework of Cobblers Hall, an area of some 69.38 hectares that was identified for housing development within the Newton Aycliffe New Town Expansion Master Plan in 1967. The principles of the broad land use pattern were established within the Newton Aycliffe Northern Area Study in 1982. Outline Planning Approval was granted for the broad land use pattern in 1989. The adopted Sedgefield Borough Local Plan provides the main policy context for the Cobblers Hall Development Brief approved by the Borough Council as Supplementary Planning Guidance to govern the future development of the area in 1992. The Council’s Development Control Committee agreed a number of minor revisions to the brief in 1997. The Borough Council Cabinet agreed a further revision after extensive consultation, in September 2000. There can be little doubt therefore that whilst the Government is encouraging the use of previously developed land for new housing, the principle for housing on the application site has been well established for over 35 years and given its location would relate well to surrounding development.

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The current position is as follows:

Committee resolutions - 270 dwellings at Shildon-on-Track (Government Office has not called-in the application but awaiting completion of a S106 agreement)

Completions - 115 housing in 2005 (a shortfall of 145 on Submission Draft RSS level of 260 per year)

Completions - 131 housing in 2006 (a shortfall of 129 on Submission Draft RSS level of 260 per year)

Land availability at 1st April 2006 – 1292 dwellings with permission

Housing supply at 1st April 2006 - equates to 1292 (Dwellings with permission) – 274 (shortfalls from 05 and 06 added together) = 1018.

Based on a build rate of 260 dwellings per annum using Submission Draft RSS this would equate to 3.92 years housing supply as of 01/04/2006.

This emphasises that planning permissions for housing need to be granted in advance of the Major Allocations DPD (not due for adoptionPage until 652010) in order to maintain a five-year supply Page 20 SEDGEFIELD BOROUGH COUNCIL

DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______of housing. In the meantime, the Borough Council will still have to provide land for housing to maintain an adequate supply. The only stipulation being that such sites represent a sustainable option for development.

PPG3 promotes the creation of more sustainable patterns of development building in ways that exploit and deliver accessibility by public transport to jobs, education and health facilities, shopping, leisure and local services. The Government urges the promotion of the following:

o Development that is linked to public transport; o Mixed use development; o A greener residential environment; o Greater emphasis on quality and designing places for people; and o The most efficient use of land.

Site O at Cobblers Hall is located the following distances from the following services and facilities:

Type of Service/Facility Distance from Site O Public transport node (Bus Stop) 0.3 miles Post Box 0.4 miles Golf Club 0.7 miles Cobbler’s Hall Village Centre 0.4 miles Woodham Shops 0.8 miles Major supermarket (Tesco) 1.3 miles

Facilities at Cobblers Hall Village Centre (which is 0.4 miles from Site O) includes the following: o Mr Chippy – Fish & Chip Shop o Happy Valley – Chinese Take Away o Cobblers Hall Tandoori – Indian Take Away o The Olive Garden – Pizza & Kebab Shop o Coral – Bookmakers o The Worx – Hair – Beauty - Tanning o Opticians o Sainsbury’s at Bell’s stores (open 6am – 11pm) o Cobblers Hall Public House o Pioneering Care Centre/Jubilee Medical group o Roselodge care home o 2 units have yet to be taken up and are currently been marketed by GST Property Consultants (0121 456 7993)

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The following facilities are located at Woodham shops (which is 0.8 miles from Site O): o Dental Surgery o Woodham news and post office o Hair Salon o Indian Take Away o Pizza Take Away o Church – St Elizabeth’s o Community Centre o Public House – The Huntsman o Fish & Chip Shop o Lifestyle general dealers off-licence and video hire.

The facilities located at these two village centres demonstrate that a range of convenience, health, service, community and a limited amount of leisure uses are located within 0.8 miles of Site O.

The proposed development has been assessed against relevant Local Plan Policies and is in accordance with the Sedgefield Local Plan Policy H1 and H2 as an area suitable for housing. The proposed development is substantially surrounded by housing, would not lead to an extension into open countryside and is acceptable in terms of design. In conclusion it is apparent that Site O satisfies many of the Government’s objectives relating to sustainable housing development. The site has a range of facilities including everyday goods located within convenient walking distance. Therefore the need to travel by private transport to convenience shops, everyday facilities, health, social and a limited amount of leisure facilities is minimised.

Impact on Ecology

Affordable Housing

Draft Planning Policy Statement 3 (Housing) and Circular 6/98 reinforces the Government view that there is a need for a sound evidence base to justify affordable housing provision.

Paragraph 10 of Circular 06/98 states that Local Authorities should assess the suitability of sites for the provision of affordable housing againstPage the 67 following criteria: Page 22 SEDGEFIELD BOROUGH COUNCIL

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Local Context

Newton Aycliffe

DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______there is high demand and need in Newton Aycliffe that requires the provision of additional market and affordable housing.

Cobblers Hall Area The following information has been obtained from HM Land Registry to assess the increase in property prices by house type within the Cobblers Hall postcode area.

DL5 4 Detached Semi-Detached Terraced Flat Overall Jan – March 2002 £93,340 £49,027 £37,762 - £66,742 93.31% 97.56% 111.36% - 81.98% Jan – March 2006 £180,995 £96,858 £79,813 - £121,458

Affordable Housing Conclusion

DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______these regeneration projects (Cabinet recommendation 30th September 2004). By requiring affordable provision on Sites O & N, this will have an obvious and significant negative impact upon the expected Capital Receipt and as a consequence, a negative impact regarding the funding of these coalfield regeneration projects.

Whilst it is considered that there is a need to provide some shared equity family (4-bed houses) and apartment accommodation on this site, the wider planning and corporate objectives should take priority in this case. Therefore, given the exceptional circumstances that have been demonstrated, no affordable housing will be required.

Landscaping and Drainage

CONCLUSION

DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______

HUMAN RIGHTS IMPLICATIONS

It is considered that in general terms the provisions of the Human Rights Act 1998 have been taken into account in dealing with the above application.

SECTION 17 OF THE CRIME AND DISORDER ACT 1998

Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to refuse planning permission, officers consider that the proposal will not undermine crime prevention or the promotion of community safety.

RECOMMENDATION

It is recommended that conditional planning permission should be granted following referral of the application to the Government Office to the North East.

2. Before any works are commenced detailed drawings and/or other specifications required by the following reserved matters shall be submitted to and approved by the Local Planning Authority:

a) Siting of Building/s b) Design and External Appearance of Buildings c) Means of Access to Buildings d) Landscaping of Site

Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004

4. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped

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DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL ______gullies installed in accordance with a scheme previously submitted to and approved by the Local Planning Authority. Roof water shall not pass through the gully.

Reason: To prevent pollution of the water environment and to comply with Policy D13 (Development Affecting Watercourses) of the Sedgefield Borough Local Plan.

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Reason: In order to safeguard protected species in accordance with Policy E14 (Safeguarding Plant and Animal Species Protected by Law) of the Sedgefield Borough Local Plan.

INFORMATIVE: REASON FOR GRANT OF PLANNING PERMISSION In the opinion of the Local Planning Authority the proposal represents an acceptable form of development in terms of its location.

INFORMATIVE: LOCAL PLAN POLICIES RELEVANT TO THIS DECISION The decision to grant planning permission has been taken having regard to the key policies in the Sedgefield Borough Local Plan as set out below, and to all relevant material considerations, including Supplementary Planning Guidance: H1 - Housing Development in Newton Aycliffe H2 - Major Housing Sites in above Four Towns.

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Appendix 1

Site O – Assessment of Public Transport

The closest public transport node to Site O is located at a distance of 0.1 miles on Cobblers Hall Road, however additional bus stops are located on Burnhill Way (a distance of 0.4 miles away), Burn Lane (a distance of 0.3 miles away) and Woodham Way/Agnew Way (a distance of 0.4 miles away). There are a number of bus services that call at these bus stops, and below is an analysis of these services in terms of their destinations, and the frequency they visit the area.

The following bus service(s) are accessible from the bus stop on Burnhill Way: o 723 o 16 o 13, 13A

The following bus service(s) are accessible from the bus stop on Burn Lane: o 91, 93 o 16

The following bus service(s) are accessible from the bus stop on Agnew Way/Well House Drive: o 723

The following bus service(s) are accessible from the bus stop at Woodham Cobblers Hall Shops: o 4/4A/4B

The following bus service(s) are accessible from the bus stop at Newton Aycliffe Town Centre: o 213 o 75/76 o X61

The following bus service(s) are accessible from the bus stop on Cobblers Hall Road: o 15

Analysis of Bus Services

4/4A/4B – Bishop Auckland to Newton Aycliffe via Shildon.

This service is operated by Arriva North East and stops at Cobblers Hall Shops at Burnhill Lane (0.4miles from Site O) every day of the week. The service commences at Bishop Auckland and travels to Woodham, and then on to Aycliffe Industrial Estate where it terminates and makes the return journey.

On a Sunday the first bus service from Bishop Auckland does not arrive into Woodham until approximately 11:30am and then calls at every subsequent half hour until 23:35pm. Page 74 Page 29 SEDGEFIELD BOROUGH COUNCIL

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On a Sunday the bus service leaves Woodham at approximately 11:30am to make the return journey to Bishop Auckland. This occurs every hour until the final trip which leaves at around 23:30pm.

It takes around 45 minutes for the bus service to complete a route in either direction.

15 – Darlington to Spennymoor via Newton Aycliffe, Chilton and Kirk Merrington.

This service is operated by Arriva and runs in both directions at a frequency of 2 per hour on a Monday to Saturday from approximately 07:00am – 19:30pm. This service calls at the bus stop located on Cobblers Hall Road. This bus stop is 0.1m from Site O. No service is provided on an evening or on Sundays. It takes just less than an hour for this service to complete a route in either direction.

16 – Newton Aycliffe to Morden via Darlington

This service is operated by Arriva and runs in both directions at a frequency of 1 per hour on a Monday to Saturday from approximately 07:50am until 18:00pm. This service calls at the bus stop located on Burnhill Way. This bus stop is 0.4m from Site O. No service is provided on an evening or on Sundays. It takes just less than an hour for this service to complete a route in either direction.

X61 – Durham – Ferryhill – Chilton – Newton Aycliffe – Darlington – Stockton – Middlesbrough – Whitby – Scarborough

75/76 – Darlington to Barnard Castle via Staindrop and A688

This service is operated by Arriva and runs in both directions at a frequency of 2 services per hour on a Monday to Saturday from approximately 07:40am – 18:00pm when the service reverts to an hourly service until 21:20pm. On a Sunday and Bank Holidays an hourly service is provided in either direction. The service calls at the bus stop at Newton Aycliffe Town Centre (1.3 miles from Site N). It takes approximately 1hour 20minutes to complete a route in either direction.

91/93 – Bishop Auckland to Darlington via Shildon and Newton Aycliffe.

This service is operated by Arriva and runs in both directions at a frequency of 2 services per hour on a Monday – Saturday daytime, withPage no service 75 available on evenings after 19:00 or on Page 30 SEDGEFIELD BOROUGH COUNCIL

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Sundays. The service calls at the bus stops located on Burn Lane (0.3m from Site O). It takes approximately 1hour for this service to complete a journey in either direction.

213 – Darlington to Sunderland

This service is operated by Arriva and runs in both directions at a frequency of 1 service per hour on every day of the week from 06:30am – 22:46pm. The service commences at Darlington and travels to Newton Aycliffe Town Centre (1.3miles from Site O) before heading onto Sunderland. It takes approximately 2 hours for this service to complete a route in either direction.

723 – Darlington to Durham via Newton Aycliffe and Ferryhill.

This service is operated by Arriva and calls at the bus stops on Burnhill Way (0.4 miles from Site O) every day of the week. The service commences at Darlington and travels to Framwellgate Moor in Durham, calling at Newton Aycliffe and Ferryhill on the way.

On a Sunday the first bus service from Darlington does not arrive into Woodham until just after 10:00am and then calls at every subsequent hour until 23:20pm.

It takes around 1hour 20 minutes for the bus services to complete a route in either direction.

13, 13A – Durham to Darlington via Newton Aycliffe and Coxhoe

This once daily service is operated by Arriva and calls at the bus stops on Burnhill Way (0.4 miles from Site O) on the days Monday - Saturday. The service commences at Durham Bus Station at 06:18am and travels to Darlington Town Centre (07:45am), calling at Burnhill Lane, Newton Aycliffe (07:14am) on the way. It takes around 1hour 25minutes for the bus service to complete its route.

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3. 7/2006/0462/DM APPLICATION DATE: 18 July 2006

PROPOSAL: EARTHWORKS TO REMODEL EXISTING OPEN SPACE

LOCATION: LAND ADJACENT TO KENMIR COURT AND FAIRVIEW DRIVE BESSEMER PARK SPENNYMOOR CO DURHAM

APPLICATION TYPE: Detailed Application

APPLICANT: Mr R Sougall Housing Property Services, Manager, Sedgefield Borough Council, Council Offices, Spennymoor, Co Durham

CONSULTATIONS

1. SPENNYMOOR TC 2. Cllr. Andrew Gray 3. Cllr. A. Smith 4. Cllr. J.M. Khan 5. NORTHUMBRIAN WATER 6. N.ELEC (DARLO) 7. BR TELECOM 8. B GAS PIPELINE 9. ENV. HEALTH 10. L.PLANS 11. LANDSCAPE ARCH

NEIGHBOUR/INDUSTRIAL

Cedar Court:7,8,9,10,11,12 Infant & Nursery School Youth Centre Fairview Drive:19,18,17,16,15,14,11,10 Kenmir Court:1,2,3,4,5,6,7,8,9,10,11 Linden Court:11,10,9,8

BOROUGH PLANNING POLICIES

L5 Safeguarding Areas of Open Space

______

BACKGROUND

Under Part IIA of the Environmental Protection Act 1990, Sedgefield Borough Council is required to determine land as “Contaminated Land” if the Council is in possession of information that indicates that the land meets one or more of the statutory definitions of Contaminated Land.

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On 13th July 2006, the Borough Council’s Cabinet determined that two parcels of open space land at Bessemer Park should be classified as “Contaminated Land” and remediation solutions should be sought to break the identified pollutant linkages. Durham County Council and Sedgefield Borough Council own the area of open space. The area of land owned by Durham County Council has a valid planning permission (7/2001/0579) for land reclamation and remediation. The determination of this planning application is for the area of land owned by Sedgefield Borough Council. The area of land to which this application applies is attached as Appendix 1.

THE PROPOSAL

This proposal involves the undertaking of earthworks to remodel an area of existing open space at Bessemer Park, Spennymoor (approximately 0.874Ha in size). Extensive survey work undertaken by consultants on behalf of Sedgefield Borough and Durham County Council has identified this land to be ‘contaminated land’ as defined by the 1990 Environmental Protection Act. Whilst the affected area is actually much larger than the site defined within the application, this smaller site must be treated in isolation as Sedgefield Borough Council and Durham County Council each own part of the site, with separate site investigations having already been undertaken.

This application concerns the seeking of appropriate remediation solutions to break the identified pollution linkages as identified within the aforementioned research exercise.

Studies carried out for Durham County Council and approved by DEFRA have suggested that the introduction of a geo-textile membrane onto the land with an imported clean topsoil coverage would break this pollution linkage. This will involve covering the membrane under 250mm of subsoil and a further 150mm of topsoil.

CONSULTATION AND PUBLICITY

Northumbrian Water has raised no objections to the proposal.

Sedgefield Borough Council Landscape Architect has raised no objections to the proposal.

Sedgefield Borough Council Environmental Health officer has raised no objections to the proposal.

No other objections or adverse comments have been received in response to the consultation and publicity exercise.

PLANNING CONSIDERATIONS

Following a site investigation monitoring and reporting regime that has been employed by both Councils’ since the early 1990s, it is now apparent that some pollutants are migrating through the soil structure. The consequence of this migration is that an area of open space at Bessemer Park, Spennymoor falls within the definition of “Contaminated Land”. The reports produced by external consultants have been independently assessed by DEFRA / The Environment Agency and are considered valid, technically robust and appropriate. The risk is theoretical and is based on conservative modelling of exposure to these compounds. There is no evidence of actual harm having arisen from this site. Page 78 Page 33 SEDGEFIELD BOROUGH COUNCIL

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The Council’s appointed consultants, Sirius Geotechnical and Environmental Ltd. have developed a remediation strategy to break the pollutant linkages at the area of open space. The remediation strategy describes a scheme for remediation, restoration and after-use of the site. The remediation measures involve the placement of a geo-textile membrane between the existing landform and the overlying clean capping materials. The clean capping materials will comprise 250mm of clay based subsoil and 150mm of topsoil.

In order to allow the proposed capping to tie with the existing areas of planting and the footpaths while maintaining full thickness, up to 400mm of existing materials will be excavated adjacent to footpaths and site boundaries prior to the placement of the capping materials. The excavated material will not leave the site but will be spread throughout the site prior to the placement of the geo-textile membrane and the clean soils.

Given the close proximity of the site with residential properties, it is important that the amenity of local residents is not unduly compromised during the earthworks. It will therefore be important that limits are placed upon the working hours of operation during weekends and bank holidays.

CONCLUSION

The remediation of this area will break the identified pollutant linkage in the determination certificate and provide an improved area of open space for the local community. The proposal conforms to Policy H14 (Maintenance and Improvement of the Housing Stock) of the Borough Local Plan as it further improves the quality of life for the community within the regenerated Bessemer Park area, and retains in a safer form an area of open space in accordance with Policy L5 (Safeguarding of Areas of Open Space).

HUMAN RIGHTS IMIPLICATIONS

It is considered that in general terms the provisions of the Human Rights Act 1998 have been taken into account in dealing with the above application.

SECTION 17 OF THE CRIME AND DISORDER ACT 1998

Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to grant planning permission, officers consider that the proposal will not undermine crime prevention or the promotion of community safety.

RECOMMENDATION

The proposal is considered be acceptable and it is recommended that the application is approved subject to the following conditions:

1. The development hereby approved shall be begun not later than the expiration of 3 years from the date of this permission. Reason: In accordance with Section 91 of the Town and Country Planning Act 1990.

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2. The development hereby approved shall be carried out only in accordance with the approved plans, specifications and conditions hereby imposed. Reason: To ensure that a satisfactory form of development is obtained.

3. The operations hereby approved shall not be carried out before 8am or after 6pm nor at any time on Sundays or Bank Holidays Reason: To ensure that the residential amenity of neighbouring occupiers is not adversely affected and to comply with Policy D10 (Location of Potentially Polluting Developments) of the Sedgefield Borough Local Plan.

4. Prior to the commencement of development on site a vehicle wheel washing facility shall be installed at the main exit from the site. All construction traffic leaving the site must use the facility and it must be available and maintained in working order at all times. Reason: In the interest of amenity and to reduce the amount of mud on the roads and in accordance with Policy D1 (General Principles for the Layout and Design of New Developments) of the Sedgefield Borough Local Plan.

5. All vehicles carrying soils and /or granular material either entering or exiting the site shall be fully and securely sheeted. Reason: To ensure that the residential amenity of neighbouring occupiers is not adversely affected and to comply with Policy D10 (Location of Potentially Polluting Developments) of the Sedgefield Borough Local Plan.

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