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County Planning Committee Date Tuesday 26 July 2016 Time 1.00 pm Venue Council Chamber, County Hall, Durham Business Part A 1. Apologies for absence 2. Substitute Members 3. Declarations of Interest 4. Minutes of the meeting held on 5 July 2016 (Pages 1 - 8) 5. Applications to be determined a) DM/14/01586/OUT - Land to the east of Sedgefield Community College, to the north and south of Butterwick Road, Sedgefield (Pages 9 - 46) Outline application including details of access, appearance, layout and scale for the erection of 63 bed care home (Class C2), 58 bed assisted living complex (Class C2), community and youth facility (Class D2), business enterprise unit (Class B1) and 3000m2 of general industrial/storage and distribution (Class B2/B8) use with outline permission sought including details of access only for the erection of 371 dwellings including 72 self-build plots. b) 7/2011/0293/DM - Land south of Harap Road, Garmondsway, Fishburn (Pages 47 - 70) Amended Description – Installation of one (previously two) 500kw wind turbines with ancillary development including access tracks and crane pads. c) DM/15/02326/OUT - Land North of West Chilton Terrace, Chilton (Pages 71 - 100) Outline proposal for up to 135 Dwellings, 13 no. Research & Development, Industrial and Light Industrial Buildings (12,520 sq.m total, B1 and B2 use), cemetery extension and associated landscaping (all matters reserved except access) d) DM/15/03748/WAS & DM/15/03747/WAS - Eldon Brickworks, Eldon, Bishop Auckland (Pages 101 - 122) Change of use to materials recycling facility (DM/15/03748/WAS) and reuse of existing materials storage area (DM/15/03747/WAS) e) DM/16/01442/WAS - Civic Amenity Site, The Green, Stainton Grove (Pages 123 - 142) New Household Waste Recovery Centre including sorting facility, resale shop and staff facilities 6. Such other business as, in the opinion of the Chairman of the meeting, is of sufficient urgency to warrant consideration 7. Any resolution relating to the exclusion of the public during the discussion of items containing exempt information Part B Items during which it is considered the meeting will not be open to the public (consideration of exempt or confidential information) 8. Such other business as, in the opinion of the Chairman of the meeting, is of sufficient urgency to warrant consideration Colette Longbottom Head of Legal and Democratic Services County Hall Durham 18 July 2016 To: The Members of the County Planning Committee Councillor K Davidson (Chairman) Councillor B Moir (Vice-Chairman) Councillors D Boyes, J Clare, P Conway, M Dixon, G Holland, I Jewell, A Laing, R Lumsdon, C Marshall, H Nicholson, G Richardson, A Shield, P Taylor and R Young Contact: Ian Croft Tel: 03000 269702 DURHAM COUNTY COUNCIL At a Meeting of County Planning Committee held in Council Chamber, County Hall, Durham on Tuesday 5 July 2016 at 1.00 pm Present: Councillor K Davidson (Chairman) Members of the Committee: Councillors J Clare, M Dixon, G Holland, B Moir (Vice-Chairman), H Nicholson, G Richardson, A Shield, R Young, J Alvey (substitute for A Laing), K Shaw (substitute for R Lumsdon) and J Robinson (substitute for P Taylor) Apologies: Apologies for absence were received from Councillor(s) D Boyes, I Jewell, C Marshall and K Corrigan Also Present: Councillor W Stelling 1 Apologies for Absence Apologies for absence were received from Councillors D Boyes, I Jewell, C Marshall and K Corrigan 2 Substitute Members Councillor J Alvey substituted for Councillor A Laing, Councillor J Robinson substituted for Councillor P Taylor and Councillor K Shaw substituted for R Lumsdon. 3 Declarations of Interest Councillor A Shield declared a personal, non-prejudicial interest, as a Local Member in respect of Item 5a, application DM/16/00616/FPA – Land to the North of High Westwood and remained during the consideration of the application. 4 Minutes The Minutes of the meeting held 7 June 2016 were agreed as a correct record and were signed by the Chairman. 5 Applications to be determined a DM/16/00616/FPA - Land to the North of High Westwood, NE17 7RD The Planning Team Leader (North), Andrew Farnie, gave a detailed presentation on the report relating to the abovementioned planning application, copies of which had been circulated (for copy see file of minutes). Members noted that the written report was supplemented by a visual presentation which included photographs of the site. The application was for change of use from agriculture to equestrian use and erection of stables and ménage for mixed commercial livery and private use and was recommended for approval subject to conditions. The Committee noted that there had been no objections from internal consultees on the application, with the Coal Authority noting their objection as a Coal Mining Risk Assessment Report had not been submitted as part of the application. It was explained that a standard condition was set out at Condition 10, with no development to take place before a Coal Mining Risk Assessment Report or similar be submitted and approved in writing by the Local Planning Authority. The Committee noted 11 letters of objection from the members of the public and 3 letters of support. The Planning Team Leader noted the issues raised by objectors in terms of potential noise and disturbance, however, Officers were satisfied that issues raised by objectors could be dealt with by condition or enforcement if required. Members noted objectors had raised several highways issues, noting safety concerns due to narrow lanes and high speeds of vehicles travelling along those lanes. The Highways Development Manager, John McGargill explained that concerns had been raised by objectors in terms of the approach to the site on Shaw Lane and Cut Throat Lane. The Highways Development Manager noted that there was an amount of existing agricultural traffic accessing agricultural land from these lanes and that the application would not generate sufficient additional traffic to present a significant impact upon the local network. It was added that there was evidence of existing issues where traffic had made use of the verge along Shaw Lane and Cut Throat Lane to allow vehicles to pass each other. It was explained that there was also access via the B6310 a wider two lane road, and that local people and the developer would know that this road provided a better route to the site. The Highways Development Manager added that there had been two slight injury accidents recorded in 2012 and 2014 on Shaw Lane, however the number did not present a significant statistical cation would represent a significant impact upon the road safety. The Planning Team Leader noted that the design was considered acceptable, albeit functional, and that the applicant had noted further planting to provide screening of the site and therefore while there would be some visual impact, it was not felt to be sufficient to warrant a recommendation for refusal. The Chairman asked for the Officer to clarify where the further screening would be placed, and the Officer referred Members to the plans on the projector screen, highlighting the areas along the site boundaries and access road where screening would be provided. The Chairman asked the Local Member for Leadgate and Medomsley, Councillor W Stelling to speak in relation to the Application. Councillor W Stelling thanked the Chairman and referred Members of the Committee to page 11 of the Officer’s report which stated in the last sentence of the first paragraph that “The site falls within a High Risk Area in terms of Coal Mining Legacy”. Councillor W Stelling added that a letter, dated 27 April, was submitted by the Coal Authority objecting to the application on the grounds a Coal Mining Risk Assessment Report or equivalent had not been submitted as part of the application, as set out at paragraph 33 of the Officer’s report. Councillor W Stelling added that Condition 10 set out no works would take place until a Coal Mining Risk Assessment had taken place, and asked why not ask for this assessment in advance and to be submitted as part of the application. Councillor W Stelling noted that page 14 of the report, paragraph 19, referred to land stability and stated there were “no unacceptable risks caused by unstable land or subsidence”. Councillor W Stelling noted how could that be known if a Coal Mining Risk Assessment had not yet been carried out, and added that in his many years of experience of planning applications these type of surveys had always been carried out in advance of an application being submitted. Councillor W Stelling referred to National Planning Policy Framework (NPPF) Parts 4, 7 and 11 and added that he could not see how any of those had been met by this application. Councillor W Stelling explained that NPPF Part 4 referred to promoting sustainable transport, and as this application would generate more vehicle journeys, he felt that would be contrary to NPPF Part 4. In reference to NPPF Part 7, requiring good design and adding to the quality of an area, Councillor W Stelling explained he did not feel this was the case with this application. Councillor W Stelling added that the local resident who was registered to speak would refer to issues highlighting how it was felt that the application was contrary to NPPF Part 11, conserving and enhancing the natural environment. Councillor W Stelling explained that in terms of highways issues, he was disappointed that Members of the Committee had not visited the site to see the twists and bends in the roads approaching the site, with Cut Throat Lane being a “nightmare”. Councillor W Stelling noted some local people may be aware of the issues and would therefore take the alternate route, however, “sat-nav” would likely direct people along Cut Throat Lane or Shaw Lane as they were both national speed limit roads.

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