Lawson Court, Chester-Le-Street PDF 1 MB

Planning Services COMMITTEE REPORT

APPLICATION DETAILS

APPLICATION NO: 2/13/00231 Proposed demolition of sheltered housing and development of extra care residential units comprising 47 FULL APPLICATION DESCRIPTION : two bed apartments, 4 one bed apartments, 2 two bed detached bungalows and 4 two bed semi-detached bungalows with shared communal areas and faciliites NAME OF APPLICANT : Cestria Community Housing Association ADDRESS : Lawson Court, Chester-le-Street Durham ELECTORAL DIVISION : Chester le Street South Louisa Ollivere Planning Officer CASE OFFICER : Telephone: 03000 264 878 [email protected]

DESCRIPTION OF THE SITE AND PROPOSALS

The Site

1. This 0.78ha. site is currently occupied by two separate blocks of two and three storey sheltered housing apartments known as Lawson and Riddell Court constructed in the 1970’s and which now lie vacant. The site is presently fenced off with temporary metal fencing. The location is in close proximity and to the south west of Chester-le- Street Town Centre. The site lies to the south of Waldridge Road and other blocks of similar 2/3 storey flats providing sheltered housing. To the west of the site are three terraces of two storey red brick dwellings of 1960’s construction. To the east of the site is the East Coast Railway Line and a public footpath. South of the site are a footpath, areas of open space and a play area. Three footpaths cross the site from west to east. There are existing groupings of mature trees within the site and along the eastern boundary. This is a challenging site which slopes steeply from west to east by as much as 2 storeys in some locations.

2. The site is highly visible from immediate public vantage points such as Waldridge Road to the north, the East Coast Mainline railway to the east, play space to the south and Moorfoot Avenue to the west.

The Proposal

3. The application proposes the demolition of the existing buildings on the site and the development of extra care residential units intended for the over 55’s. The units are deemed extra care units with Sheltered Plus status which means that there would be a warden during normal office hours, for whom there are facilities provided, but the warden would not be on site the full 24hrs.The units have been designed to be fully accessible and adaptable to changing needs whilst simultaneously enabling residents to live independantly for as long as possible. The scheme would comprise the following:

• 47 two bed apartments • 4 one bed apartments • 2 Two bed detached bungalows • 4 two bed semi-detached bungalows • shared internal and external communal areas • an internet café • beauty salon • care base/G.P facility • exhibition space. • Community allotment

4. The main housing would be contained within a split level building varying in height from 2 storeys to 4 storeys. This building would have three sections with varying roof heights incorporating a series of hips, gables and dormers. Two sections would have an eastern orientation and one section would have a southern orientation. The buildings would be centred around a central landscaped garden area. Two 2 bed detached bungalows and 4 two bed semi-detached bungalows are proposed to the south of this larger building block. The materials proposed are red/orange brickwork and white coloured monocouche render with feature panels clad in high pressure laminate with red concrete tiles for the roofs. Windows and doors would generally be grey UPVC with larger glazed areas and the main external entrance to incorporate aluminium box frame sections coloured grey.

5. The apartment block and the 2 bed room detached bungalows would be accessed from a new road taken from Moorfoot Avenue and which would run along the eastern section of the site. Following negotiation with the Highways Officer twenty car parking bays would be prposed for the apartments, 10 at the front entrance of the building, 7 east of the central garden area and three to the west of the apartment building. All six bungalows would have one parking space . The semi-detached bungalows would be accessed from Moorfoot Avenue.

6. Forty three of the units are proposed as affordable homes with a mix of 37 for affordable rent and 6 for affordable home ownership, these units would comprise a mix of 1 and 2 bedroom apartments and 2 bedroom bungalows. The tenure of which is to be secured with a s.106 agreement.

7. This application is supoprted by a design statement, landscaping plan, a phase 1 Desk Top Study Report and Phase 2 Ground Investigation Report , a Bat Survey, Ecology Survey , an Arboricultural Implications Assessment , Method Statement and Tree Protection Plan, BREEAM 2011 New Construction Assessment Report, Environmental Noise Impact Assessment, Community Consultation Information and an affordable Housing, Open Space, Transport and Viability Statement.

8. The application is reported to Committee as a ‘major’ development.

PLANNING HISTORY

9. There is no relevant planning history for this site.

PLANNING POLICY

NATIONAL POLICY

NATIONAL PLANNING POLICY FRAMEWORK

10. In March 2012 the Government consolidated all planning policy statements, circulars and guidance into a single policy statement, termed the draft National Planning Policy Framework (NPPF). The overriding message from the Framework is that planning authorities should plan positively for new development, and approve all individual proposals wherever possible. It defines the role of planning in achieving sustainable development under three topic headings – economic, social and environmental, each mutually dependant. There is a presumption in favour of sustainable development. It requires local planning authorities to approach development management decisions positively, utilising twelve ‘core principles’ that should underpin both plan-making and decision taking, the most relevant of these in this instance being:

11. NPPF Part 1 – Building a Strong, Competitive Economy – reinforces the Government’s commitment to securing economic growth to create jobs and prosperity, ensuring the planning system supports this aim – ‘significant weight’ is to be placed on this aim. Planning policies should seek to address potential barriers to investment, setting out clear economic vision and strategy which proactively encourages sustainable economic growth, identifies sites and inward investment, and identifies priority areas for economic regeneration. There is no specific advice on decision making.

12. NPPF Part 4 – Promoting Sustainable Transport - notes the importance of transport policies in facilitating sustainable development and contributing to wider sustainability and health issues. Local parking standards should take account of the accessibility of the development, its type, mix and use, the availability of public transport, levels of local car ownership and the need to reduce the use of high-emission vehicles.

13. NPPF Part 6 – Delivering a wide choice of high quality homes. Housing applications should be considered in the context of a presumption in favour of sustainable development. Local Planning Authorities should seek to deliver a wide choice of high quality homes, widen opportunities for home ownership and create inclusive and mixed communities. Policies should be put in place to resist the inappropriate development of residential of residential gardens where development would cause harm to the local area.

14. NPPF Part 7 – Requiring Good Design - the Government attaches great importance to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning. Planning policies and decisions must aim to ensure developments; function well and add to the overall quality of an area over the lifetime of the development, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to local character and history, create safe and accessible environments and be visually attractive.

15 . NPPF Part 8 – Promoting Healthy Communities – the planning system is considered to have an important role in facilitating social interaction and creating healthy, inclusive communities, delivering social recreational and cultural facilities and services to meet community needs. Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.

16. NPPF Part 12 – Conserving and Enhancing the Historic Environment -Working from Local Plans that set out a positive strategy for the conservation and enjoyment of the historic environment, Local Planning Authorities should require applicants to describe the significance of the heritage asset affected to allow an understanding of the impact of a proposal on it’s significance. In determining applications LPAs should take account of; the desirability of sustaining and enhancing the significance of the asset and putting them to viable uses consistent with their conservation, the positive contribution conservation of heritage assets can make to sustainable communities and economic viability, and the desirability of new development making a positive contribution to local character.

17. In accordance with paragraph 215 of the National Planning Policy Framework, the weight to be attached to relevant saved local plan policy will depend upon the degree of consistency with the NPPF. The greater the consistency, the greater the weight. The relevance of this issue is discussed, where appropriate, in the assessment section of the report below.

LOCAL PLAN POLICY : CHESTER -LE -STREET LOCAL PLAN 2003

18. Policy BE2 – Public Art – for development that costs £500,000 or more developers should be encouraged to devote at least 1% of those costs to the provision of works of art in new building and landscaping projects accessible to the general or client public.

19. Policy HP6 – Residential within settlement boundaries – identifies Chester-le-Street as a settlement where residential development will be allowed on non-allocated sites that are previously developed land and meet the criteria of Policy HP9.

20. Policy HP9 – Residential Design Criteria (General) – requires new development to; relate well to the surrounding area in character, setting, density and effect on amenity of adjacent property, to provide an attractive, efficient and safe residential environment, to provide adequate privacy and amenity, safe road access and retain existing landscape features.

21. Policy HP13 – Affordable Housing – On sites of 15 units or more affordable housing is sought at a rate of 30%.

22. Policy HP15 – Community Provision - Requires housing sites with 10 or more dwellings to provide for related social, community, infrastructure and/or recreational and leisure facilities in the locality where they are necessary and directly related to the development.

23. Policy HP17 Residential Institutions and Hotels – Requires hostels and homes providing group accommodation for people in need of care to be well served by public transport, shopping and community facilities, would not harm an existing building character, provides acceptable levels of amenity space, meets with other Local Plan Criteria, is appropriate in scale, character and appearance to the surrounding area and would not harm the character and amenities of adjoining properties.

24. Policy RL1 Sport and Leisure Opportunities: General – Requires existing leisure facilities, open spaces and rights of way to be protected and promotes the improvement or creation of new recreation and leisure facilities. 25. Policy RL3 Protection of Outdoor Recreational Facilities – development that would result in the loss of amenity open space, playing pitches, courts, greens, parks, allotments and rights of way will not be allowed unless the development is for new or improved facilities or suitable equal standard or better alternative provision is provided for or where there is an identified excess in provision of a particular facility.

26. Policy RL5 – Provision in New developments – for every 1 hectare of land developed there will be at least 125 sq metres of equipped children’s play space and 250 sq m of informal open space provided within the site. For development of less than a hectare a proportion of this standard will be expected within the site.

27. Policy T6 – Provision for Public Transport: General – Development proposals should be designed to encourage use of public transport and reduce reliance upon the private car by locating accesses close to bus routes and footpath links. Where new transport links are required an appropriate contribution will be sought from the developer through a Section 106 obligation.

28. Policy T8 – Car Parking Provision – States that new development should seek to minimise parking provision other than for cyclists and disabled users, other than in exceptional circumstances.

29. Policy T15 – Access and Safety provisions in design – Development should have safe access to classified road, should not create high levels of traffic exceeding capacity, have good links to public transport, make provision for cyclists and service vehicles and have effective access for emergency vehicles.

30. Policy T17 – General Policy – All new developments should have regard to and be consistent with the provision of a safe and accessible transport network, in particular through reducing reliance on the private car, encouraging the use of public transport and promoting cycling and walking.

The above represents a summary of those policies considered most relevant in the Development Plan the full text, criteria, and justifications of each may be accessed at http://www.cartoplus.co.uk/durham/text/00cont.htm .

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES :

31. County Highways Engineers: have worked with the developers to agree a layout which is appropriate and is capable of adoption.

32. Northumbrian Water: have no issues to raise regarding the application provided that the application is carried out in strict accordance with the submitted document entitled ‘Proposed Drainage Layout’.

33. The Coal Authority: have objected to the development as the site falls within the defined Development High Risk Area and they consider that the submitted information does not adequately address the impact of coal mining legacy on the proposed development and have requested the submission of a Coal Mining Risk Assessment.

34. Durham Constabulary Architectural Liaison Officer: can see no issues from the point of view of ‘Designing out Crime’ and considers that the crime risk assessment for the area would be low with the main concerns relating to ‘bogus callers’ and thefts from the cycle storage areas and advise that the developers consider the physical security standards outlined in the ‘Guide for New HOMES 2010’.

35. Network Rail: have not responded to date, any comments received will be reported verbally.

INTERNAL CONSULTEE RESPONSES :

36. Housing Delivery Officers: have not responded to date, any comments received will be reported verbally.

37. Footpaths Officers: have not responded to date, any comments received will be reported verbally.

38. The County Ecologist: considers the bat survey to be satisfactory and requests that the enhancement details will need to be delivered as part of the development.

39. Pollution Control Officers: do not object but recommend conditions to ensure details of external plant and machinery to be installed be submitted and approved and implemented and kept in good working order. It is also recommended that noise mitigation measures be submitted and approved and implemented prior to occupation of any dwelling and retained in perpetuity and that a condition restricts site deliveries and working times and requires the developer to use best practicable means to prevent noise and dust nuisance or disturbance to local residents from any building or demolition works.

40. Landscape Officers: have worked with the developers to agree a landscaping plan which is adequate and acceptable and have asked for the imposition of a condition to ensure a detailed landscaping scheme be submitted and agreed prior to the commencement of the development and that it be implemented in the first planting season following completion and that the tree protection plan and its implementation be conditioned.

41. Sustainability Officers: whilst generally recognising the encouraging factors proposed to reduce emissions from the development and improve the sustainability credentials of the build has requested further detail in relation to whether other renewable forms of energy are applicable in addition to the use of CHP and gas boilers. The Officer has requested the submission of energy/CO2 emissions baselines to assess this.

42. Neighbourhoods Officer: advises that Cestria carry out their own maintenance of open space and therefore that a transfer of open spaces is unlikely to be required, however if a transfer is intended then the Officer advises that all work would need to be to an agreed specification prior to hand over and advise that a discussion with streetscene may be advisable before work commences to avoid any abortive or unnecessary work.

43. Design and Conservation Officers: consider the removal of the existing buildings would enhance the area and recognise the social and community benefits of the proposal and consider that the proposed materials and detailing of the main building relate well to the local vernacular whilst also introducing some contemporary features and also consider the bungalows relate acceptably in visual terms to the surrounding area. However, the Officers raised concerns over the height of the proposal which they consider to be significantly taller than any other buildings both within the immediate vicinity and within the general town centre area which they consider is also exacerbated by roofing of large massing and a rather heavy appearance. The Officers also consider the form of the proposed roof to be overly complicated. It is considered by the Officers that the height combined with the site’s elevated position will lead to the building being particularly prominent within the Chester-le-Street townscape and that there may be some interference of views to and from Grade I listed Lumley Castle and consider that an assessment of the impact upon the setting should have formed part of the application. The Officers recommended that the building could be improved by reducing the height to three storeys and adding an additional east-west section and by reducing the mass of the roof and simplifying its design. The Officers consider that the revised plans do not address the above concerns but concede that they are in line with the advice of Planning Officers and recommend that should the scheme be accepted that conditions be attached to ensure samples of external materials, window and door specifications and a hard and soft landscaping scheme with details of boundary treatments be submitted and approved.

44. Contaminated Land Officers: are satisfied with the phase 1 and Phase 2 reports submitted, however following discussions with the applicant’s environmental consultants they note that remedial works are required to ensure the site is suitable for use, including the incorporation of topsoil to the garden areas and therefore request that a condition be attached to ensure a phase 3 validation report be submitted after remediation measures are implemented on site.

45. Trees Officer: has no objection subject to protection fencing being put in place which complies with BS 5837 2012.

46. Drainage Engineer: has not responded to date, any comments received will be reported verbally.

47. Development Plans Officers: have not responded to date, any comments received will be reported verbally.

PUBLIC RESPONSES :

48. One objection has been received on the following grounds -

• The huge block opposite my house would obstruct our views of Penshaw Monument and Lumley Caste which will subsequently affect our house price. • There will be mud and debris on the access road. • The road already has potholes due to heavy vehicles using the road daily. • The loss of mature trees. • The impacts upon parking for residents of Moorfoot Avenue.

APPLICANTS STATEMENT :

49. ‘Cestria Community Housing’s Plans for The Elms are incredibly exciting and mark a major milestone in the future provision of accommodation for over 55’s in Chester-le- Street and the surrounding area. This is a hugely innovative development that will help to change perceptions of older people’s housing, by embracing lifetime community design principles. We recognise that locally there is a severe shortage of high quality housing for the over 55’s, and the development will go some way to meeting the strategic housing need.

50. However, this development is about so much more than just providing a roof over people’s heads, with the health and wellbeing of residents playing a major part in the design and future service delivery model of The Elms. We have responded to the recommendations set out in ‘The HAPPI Report ‘ and ‘HAPPI 2’, and features such as increased natural light, large communal spaces and access to outdoor space such as gardens and allotments have been efficiently incorporated into the proposals; all designed with resident’s mental health and wellbeing in mind. The design is also dementia friendly in principal and aims to encourage a healthy lifestyle.

51. The location of the development close to the Town Centre encourages residents to become active members of their local community, with the semi-urban environment providing greater opportunities for involvement and engagement. Taking this holistic approach to the needs of older people will, we believe, have far reaching positive implications. Encouraging a healthier lifestyle and allowing residents to remain independent for longer will lead to reduced healthcare costs and a better quality of life.

52. The starting point for the design was to look in detail at the constraints and opportunities offered by the site and to capitalise on these for the benefit of the residents; consequently the scheme responds positively to the changes in level of the site and fully exploits the views towards Chester-le-Street Golf Club and Lumley Castle, as well as the pedestrian links to the Town.’

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at County Hall, Durham

PLANNING CONSIDERATIONS AND ASSESSMENT

53. Having regard to the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 the relevant Development Plan policies, relevant guidance and all other material planning considerations, including representations received, it is considered that in planning terms the main planning issues in this instance relate to the principle of development, provision of open space, provision of affordable housing, existing and proposed residential amenity, design and impact upon the character of the area and local heritage assets, impacts upon ecology, trees and landscaping, provision for community facilities, play space and public art, sustainable design aspects, access, parking and highway safety, drainage, contamination and land stability issues and planning obligations.

Principle and the General Policy Context

54. The NPPF seeks to boost significantly the supply of housing. The NPPF requires that housing applications should be considered in the context of the presumption in favour of sustainable development. The Government’s key housing objective and one which LPA’s are expected to deliver is to increase significantly the delivery of new homes. The NPPF states that everyone should have the opportunity to live in high quality, well designed homes, which they can afford, in a community where they want to live. This means: increasing the supply of housing, delivering a wide choice of high quality homes that people want and need, widening opportunities for home ownership; and creating sustainable, inclusive and mixed communities, based on the needs of different groups within the community, including older people.

55. The application site is located within the settlement of Chester-le-Street within an existing residential area and as there are currently redundant sheltered housing blocks on site to be demolished it would comprise an area of previously developed land. The proposed development on the site would therefore effectively re-use land that has been previously developed in accordance with paragraph 111 of the NPPF.

56. A key objective of planning policy is to achieve a sustainable form and pattern of development which prioritises directing new development to existing main settlements to ensure access to and support for services and where possible reusing previously developed land. The site lies within the settlement of Chester-le-Street close to the Town Centre and is therefore well served by shops, healthcare, schools, services and employment opportunities. The site is within walking distance to Chester-le-Street Train Station which provides access to the wider areas of Durham and Newcastle, which contain a broader range of services, facilities and employment opportunities. There are regular bus services to the wider areas from Chester-le-Street Front Street. The proposals therefore fulfil the requirements of the NPPF and Policies T15 and T16 of the Chester-le-Street District Local Plan.

57. The scheme would largely conform to the key objectives of the NPPF; in particular Paragraph 54 in that development will support the vitality and viability of services and facilities in Chester-le-Street. The scheme is also considered ‘deliverable’ within the next five years, an important consideration set out within the NPPF.

58. The proposed mix of apartments and bungalows for affordable rent and sale would assist in diversifying the existing housing stock in this location, providing a range of housing opportunities for older people to meet the identified housing need in the area.

59. The planning system can play an important role in facilitating social interaction and creating healthy inclusive communities. To deliver the social, recreational and cultural facilities and services the community needs. Paragraph 70 of the NPPF requires that planning decisions should plan positively for the provision and use of shared space, community facilities such as meeting places and other local services to enhance the sustainability of communities and residential environments. In this instance a café with a designated I.T area, beauty/treatment room, Care base/G.P Facility, Exhibition Space and a community allotment are proposed which would not only benefit the new residents but be of benefit to existing local residents.

60. Further material benefits would be realised in the form of affordable housing in the area, good quality energy efficient housing, a modern and versatile community meeting space and recreational facilities.

61. Indeed this mix-use community orientated proposal is welcomed, in principle and presents an excellent opportunity to deliver an exemplar scheme for the mature residents of Chester-le-Street. In full accordance with paragraph 70 the scheme represents an integrated approach to the location of housing and community facilities and services to deliver services and facilities that the community needs.

Open Space Provision

62. Policies RL1 and RL3 of the Chester-le-Street District Local Plan seek to protect open spaces. The difference in layout of the existing and proposed buildings would result in the loss of amenity open space. In considering whether the principle of development on these areas of the site is acceptable an assessment must be made regarding the loss of the informal existing amenity areas. .

63. The Council carried out an Open Space Needs Assessment (OSNA) in 2010 and this provides an accurate assessment of the open space available. The electoral division in which the site is located has a surplus of amenity open space however there are deficiencies in parks and gardens, outdoor sports areas and allotments.

64. The applicants propose to mitigate the loss of open space by the inclusion of a landscaped area on the east side of the apartment block. This area will be landscaped with hard landscaping and planting to compliment the existing trees, most of which are to be retained, and will be open to all users of the community as well as the residents. Furthermore a 250sqm community allotment would be located towards the south east corner of the site; this will be available to both residents of this new development, as well as the wider community. This will provide an acceptable degree of compensation for the loss of open space and therefore developing on the open space is acceptable in accordance with Policies RL1 and RL3 of the Chester-le-Street Local Plan.

Affordable Housing

65. Paragraph 50 of the NPPF requires that where affordable housing has been identified as being needed policies should be set for identifying this need, which contributes to the objective of creating mixed and balanced communities.

66. Chester-le-Street District Local Plan Policy HP13 relates to the provision of 30% affordable housing provision on sites such as this. However the Durham County Council undertook a Strategic Housing Market Assessment (SHMA) in 2008 and subsequently updated this in 2010 and 2012. This places a requirement for 15% affordable housing on new developments in the Northern CDP Housing Market Delivery Area.

67. Paragraph 54 of the NPPF advises that LPA's should be responsive to local circumstances and plan housing to reflect local needs. The proposal is for 51 apartments and 6 bungalows of which 43 are affordable homes. Thirty seven units are for affordable rent at an initial rental level of 80% of gross market rent (inclusive of service charges) and six units are provided for affordable home ownership. The scheme would therefore provide 75% affordable housing, far exceeding the threshold in this area. The applicants have confirmed that the units are for people over 55 years of age. There is a local demand for this type of accommodation. The size, tenure and occupation of the properties reflects the identified housing need outlined within the SHMA which identifies an undersupply in the area of affordable houses for older persons and it is noted that two bedroomed bungalows are particularly required to free-up existing larger family accommodation stock. The scheme would help to address this need.

68. A draft section 106 legal agreement has been submitted relating to the affordable housing provision and its retention in perpetuity.

Residential Amenity

69. Chester-le Street Local Plan Policies HP9 and HP17 require new development to respect the amenity of adjacent property and to provide adequate privacy and amenity for future residents. Required facing distances are exceeded between the existing properties of Moorfoot Crescent, Pentland Court, Reay Court and Gibbs Court to the proposed apartment building and proposed bungalows to both protect existing privacy and ensure future privacy. The distances between existing and proposed development combined with the change in levels would allow for acceptable light and outlook for both the existing and proposed properties. There have been no material planning issues raised by local residents in terms of privacy, light or outlook. One local resident has raised concerns over loss of view of Penshaw Monument and Lumley Castle and the knock on effect on house price however these are not material planning considerations.

70. The proposed scheme would have private and shared outdoor landscaped amenity areas and introduces community allotments and shared indoor amenity space. This would not only provide a good level of amenity space for the future residents but new public amenity space for existing local residents.

71. Section 11 of the NPPF requires Local Planning Authorities to ensure that new development is appropriate for its location and to take account of the effects of amenity from pollution such as noise pollution both presented by and experienced by the development. In terms of noise that would be created by the development this would be from air handling or M & E Plant. A noise survey submitted as a supporting document concludes the sound pressure emissions from such plant must not exceed a total sound power level of 82Db(a) Lw for night time noise and 86Db(a) Lw for day time noise. The Pollution Control Officer is satisfied with these levels provided that a condition be imposed to ensure the type of plant proposed can adhere to these levels and to ensure its satisfactory working. According to the Pollution Control Officer it is considered with such a condition that the proposed site would not cause a statutory nuisance.

72. As the closest section of the proposed apartment block is 21m from the East Coast Main Railway Line and the closest detached bungalow is 25m away from the railway the impacts of noise upon the amenity of future residents must also be considered. The noise survey submitted has assessed the impacts and concludes that a suitable glazing specification will be required and designed to protect the respective facades of the development from prevailing rail and road noise sources and details the glazing requirement. The Pollution Control Officer is satisfied with the noise mitigation measures proposed and is satisfied with a condition to ensure they are implemented and retained in perpetuity. The Pollution Control Officer concludes that with such a condition the noise from the rail and road would not be a statutory nuisance. From the Planning perspective Officers consider that through the imposition of conditions both existing and future residents would be able to enjoy satisfactory levels of amenity.

73. In a compact urban environment, the build process has the potential to impact on the residential amenity of surrounding residents. It is agreed with the Pollution Control Officer that in order to protect the amenity of existing residents it would be appropriate to impose a condition limiting the days and times during which demolition and construction works can take place..

74. It is considered that with such conditions that the proposal would not be harmful in terms of residential amenity and would accord with the NPPF and Chester-le-Street Local Plan Policies HP9 and HP17.

Design, Layout and affect on the Character and Appearance of the Area

75. The site occupies a prominent position due to its elevated location to the west of the River Wear valley. Policy HP9 of the Chester-le-Street Local Plan and section 7 of the NPPF places great importance on the design of the built environment. Planning decisions must aim to ensure development adds to the overall quality of the area, establishes a strong sense of place, responds to local character and history and is visually attractive. Chester-le-Street Local Plan Policies HP9 and HP17 similarly seek to ensure the protection of the character of the area and good design principles and are therefore in alignment with the NPPF.

76. The existing buildings are vacant and are of poor appearance with little visual or architectural merit. The re-development of the site would ensure the future viability and vitality of this prominent site within the urban landscape surrounding Chester-le-Street Town Centre and is very much welcomed.

77. Advice and guidance has been sought from the Council’s Design Team. The applicants have been unable to overcome the concerns of the Design Team in relation to the overall size, massing and height of the proposal which is dictated by key constraints such as viability, existing trees on site, need to for a shared garden space (a key feature of the scheme) and the need to maximise the distance between the apartments and the railway line. Nonetheless the height and design details have positively evolved since the original submission in response to concerns raised by Officers and a local resident. It is accepted that the proposed apartment scheme is larger than the existing buildings, given that it involves a mixture of 3 and 4 storeys over a greater footprint, and thus the character and appearance of the site will alter and so will its impact on the local environment.

78. The height of the tallest section of the building would be approximately two storeys higher than the three surrounding remaining flat roofed sheltered housing blocks (Pentland Court, Reay Court and Gibbs Court), given the topography of the land the development will however be less than a storey higher than the buildings on Moorfoot Avenue. From this perspective it is acknowledged that the apartment building will be taller than any other buildings, both within the immediate vicinity and within the general town centre area. In order to reduce the impact the applicants have reduced the height of the ridge of the northern and central blocks by 1.25m and reduced the angle of the pitch of both by 5 degrees. This has reduced the perceived massing of the buildings. The form of the roof which incorporates a series of hips, gables and dormers serves to reduce the eaves height in other sections of the building and the overall scale of the elevations.

79. It is considered that the proposed bungalows are of a good design standard and relate acceptably in visual terms to the surrounding area.

80. It is noted that the Design and Conservation Officer still has concerns regarding the impact of the building on the local environment and the setting and views to and from Lumley Castle, however it has been acknowledged by Officers that viability and physical constraints have largely defined the form, size and siting of the proposal. On balance it is considered that the design is acceptable, taking account of opportunities, constraints and the context of the area in which it sits. Importantly, this is the scheme which is financially viable and deliverable in the immediate future.

81. It is considered that strong attention has been paid to detail which adds interest and intrinsic quality. Design elements and materials make reference to the surrounding built character, rather than imitating it, resulting in a contemporary feel that is sensitive to the character and appearance of the area. The palette of materials and elevation detailing to the main building relates well to the local vernacular. The siting of the scheme around a shared landscaped area enhanced by a high quality hard and soft landscaped scheme maintains a good level of amenity open space and would soften this urban landscape. The layout and design generally performs well in terms of security, safety and sustainability.

82. Overall the proposed development will secure the redevelopment of the site and form a high quality development which will provide a viable scheme on a challenging site. The potential of the site has been optimised to accommodate the development of an important mix of uses incorporating green and public space which supports local services, fully in accordance with paragraph 58 of the NPPF and policies HP9, HP17 and HP15 of the Chester-le-Street District Plan.

Impact upon Designated Heritage Asset

83. Local Authorities have the duty to have regard to the desirability of preserving features of special architectural or historic interest of Listed Buildings as required by Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Section 12 of the NPPF requires Local Planning Authorities to attach great weight to conserving heritage assets when considering development. The site occupies an elevated position to the west of the river valley and the Grade I Listed Lumley Castle occupies an elevated position to the east of the valley. In this respect the Design and Conservation Officer has raised concerns in relation to the impacts upon the setting of and views to and from Lumley Castle and requested revisions to the height, a heritage assessment and that English Heritage be consulted.

84. It has not however been considered necessary for the developer to submit such an assessment or for consultation to be undertaken with English Heritage given that Officers consider that the site is not within the setting of this Listed Building and as there is 1.6km between the two sites with various built form and infrastructure between. Whilst it is acknowledged that the development will obstruct views of Lumley Castle from private properties of Moorfoot Avenue and Pentland Court this is not considered to be a material planning consideration. The development may be seen in views from public areas (Waldridge Road) across towards Lumley Castle; however these are unlikely to be significantly affected. Given the height of the development there may be distant views of the site from Lumley Castle which is regrettable, however given that efforts have been made to address the height and given that the viability and site constraints of the scheme dictate the height it is not considered that this is a reason to refuse the scheme.

Impact on Ecology

85. The NPPF Section 11 seeks to minimise impacts upon biodiversity and advises that where significant harm to biodiversity cannot be avoided then planning permission should be refused. Paragraph 109 and 118 of the NPPF require impacts upon biodiversity to be minimised and net gains provided where possible. A bat survey and ecology survey have been submitted in support of the application. The bat survey established that two of the existing buildings on the site have a medium potential to contain roosting bats and the three other buildings have a low potential to contain roosting bats. A number of mitigation measures are thus proposed to be implemented relating to timing of demolition, measures to be taken in the event of discovery of bats, removal of hanging tiles by hand and subsequently allowing 24 hours for movement. Enhancement measures are also recommended such as the installation of 6 bat boxes. The Ecology Officer is satisfied with the survey and advises that the enhancement details will need to be delivered as part of the development. These measures can be made subject of condition.

86. The ecology survey also concluded that the habitats within the site are generally of low ecological value and recommended mitigation such as appropriate timing of tree works, carrying out works in accordance with reptile method statement and enhancement measures including the planting of native species and the installation of bird/insect boxes. The planned retention of mature trees and creation of landscaped and natural areas would provide for the creation and enhancement of habitats and nature conservation interest of this area. In addition it is considered appropriate to attach a condition to ensure works are undertaken in accordance with the requirements of the reptile method statement and to require the provision of bird boxes. This mitigation would help support local wildlife. Subject to conditions being adhered to it is considered that there would not be significant impacts on wildlife, protected species and natural habitats as required by the NPPF.

Impact on existing Trees and assessment of Landscaping

87. Chester-le-Street Local Plan Policy HP9 requires development to incorporate as far as possible, existing landscape features and to make provisions for new landscaping. The site benefits from numerous mature trees that provide amenity and structure to the existing layout and are therefore a key feature of the character and appearance of the site within its context. Concerns have been raised by an objector in relation to the loss of mature trees. An arboricultural report assisted in informing the quality and value of the trees and subsequently guided the layout and footprint of the proposed scheme in order to retain key individual and groups of trees and generally retains as many as practically possible. Communal areas have been designed around the existing trees.

88. The Trees Officer is satisfied with the schedule of trees to be removed provided that suitable tree protection measures are in place to protect the remaining trees. This can be required by condition.

89. The Landscaping proposed for the site involves tree, shrub and hedge planting areas both within and around areas of private and public gardens with community allotments being proposed in the eastern corner of the site.

90. The Landscape Officer was generally supportive of the original scheme, however he advised that there should be more tree planting and use of exotic plants and climbers, alterations to fencelines and relocation of the northern footpath to avoid root protection areas and clarification over suitability of the soil in the allotment area.

91. A revised landscaping scheme was subsequently submitted which has taken on board most of the suggested revisions and clarified the suitability of the allotment soil. The fenceline along the eastern boundary has not been altered as advised as the applicants have stated that it needs to be retained in its position to allow the trees to provide an acoustic buffer, to allow adequate space for larger trees and for maintenance reasons. The Landscape Officer is satisfied with the revised proposals subject to a condition requiring a detailed scheme to be submitted and approved before development commences and another for its implementation in the first planting season following completion. With such conditions it is considered that the proposal would be in full accordance with Chester-le-Street Local Plan Policy HP9.

Provision of Community facilities, Open Space and Play Facilities and Public Art

92. Policy HP15 of the Chester-le-Street District Local Plan requires the provision of or a contribution towards related social, community, infrastructure and/or recreational and leisure facilities for major housing schemes. The layout provides well for the health and social needs to the community with the provision of landscaped outdoor space and facilities such as the café with internet hub, treatment room, GP facility room, community exhibition space and community allotments. The proposal therefore adequately provides for community facilities in accordance with Chester-le-Street Local Plan Policy HP15.

93. Policy RL15 requires equipped play space or contributions in lieu of such provision. However in this case given that the proposed new apartments and bungalows are to be for persons aged over 55 it is not considered necessary or reasonable to require the incorporation of play facilities into the site or for monies to be paid in lieu of such provision.

94. Policy BE2 of the Chester-le-Street Local Plan requires developments that cost more than £500,000 or more to devote at least 1% of these costs to the provision of art in the new building and landscaping projects accessible to the general or client public . The applicants have provided a viability statement as to why this would not be possible for this development without either rendering the scheme unviable or at the very least compromising the design to fund this. They have also made reference to the fact that the communal areas would be designed to allow use as a gallery facility both for the residents and the wider community, which they acknowledge whilst not being in itself artwork would at least promote opportunities for developing and exhibiting art in the Chester-le-Street area. Taking the above on board it is considered acceptable in this specific instance to not require public art or monies in lieu of its provision to make the scheme acceptable.

Sustainability

95. Section 10 of the NPPF highlights the general need to improve energy efficiency in new development. Whilst the sustainability Officer recognises the very good sustainability credentials of the build he notes that the BREEAM Assessment highlights the scheme as having the potential to achieve an even better ‘excellent ‘ rating . The energy strategy for the site concentrates on the use of CHP and gas boilers, however to better improve the sustainability credentials it is considered that other renewable forms of energy should also be considered and the developers have been made aware of this. The applicants have not yet advanced such information therefore it is considered appropriate to attach a condition to ensure that a sustainable energy scheme be submitted and agreed prior to the commencement of the development.

Access and Highway Safety

96. Section 4 of the NPPF requires developments that generate a significant amount of movement to be supported by a Transport Statement and recognises that development should only be refused on transport grounds where the residual cumulative impact on development are severe. The transport assessment anticipates that the need for use of vehicles will be low given type of housing proposed and the site’s sustainable location. It is accepted that the accessible location of the site and the type of housing is not likely to result in high vehicle movements.

97. Paragraph 34 of the NPPF and Chester-le-Street Local Plan Policies T15 and T17 require developments to have a satisfactory access onto the adopted road network and safe vehicle entrance and exits. As the Highways Officer is satisfied with the road layout it is considered that the proposal accords with these policies.

98. Paragraph 39 of the NPPF requires that the accessibility of the development, type, mix and use, availability of public transport, car ownership levels and the overall need to reduce the use of the car to be generally taken into account when looking at car parking levels. Policy T8 of the Chester-le-Street Local Plan is in general alignment with the NPPF as it seeks to minimise parking provision. The Highways Officer was not satisfied with the original level of parking proposed and requested the incorporation of a further 4 spaces for the scheme. This would take the provision up to 34 when including the potential for 14 of these spaces to be from existing on street parking. This additional parking was recommended on the western side of the development and the Officer also recommended the remote car parking bays near the eastern boundary of the site be relocated and the parking for the bungalows be re-positioned. The developer has revised the parking provision and layout in line with the Highways Officer’s advice and therefore these details are now considered to be acceptable.

99. Paragraph 35 of the NPPF aims to ensure that developments incorporate a safe and secure layout which minimises conflict between traffic, cyclists and pedestrians. It is considered that the revised proposal would generally accord with this policy. Policy T17 of the Chester-le-Street Local Plan requires developments to promote walking. Pedestrians will be able to cross the site either by making use of the footpath to the south of the apartment block or through the central ground floor section of the main apartment building which houses the community facilities therefore the site has good through permeability. However the Highways Officer advised that pedestrian links be provided at both the northern and southern ends of the site and the highway boundary at the termination of the existing highway be straightened and clearly defined to improve the permeability and linkages. Issues were also raised in relation to additional areas that would require stopping up as a highway and the unnecessary extent of footway diversion being proposed. Revised plans have been submitted addressing these concerns.

100. CLP Policy T15 requires amongst other requirements development to make provision for cyclists. As the plans do not appear to clearly designate cycle parking areas/systems their inclusion can be ensured via condition.

101. A local resident has raised concerns over the potential for mud and debris on the highway, the current state of the road and impacts upon parking for existing residents of Moorfoot Avenue. However this is not considered a planning consideration as should any mud/debris from the development site or potholes become an issue then this can be reported to the Council’s Highways Action Line to inspect and investigate. It is noted that residents of Moorfoot Avenue may use the on-street parking in front of the existing buildings which are included in the parking spaces for this scheme. However as there is also existing on street parking and garages to the rear of Moorfoot Avenue it is not considered that loss of available parking space for local residents is a significant issue.

Drainage Issues

102. Section 10 of the NPPF requires Local Planning Authorities to ensure that developments do not result in an increase in flood risk off site. Whilst the site is not within a zone that requires a flood risk assessment this issue remains relevant as the development is built over a greater footprint that the existing buildings.

103. The drainage proposed for surface water is to a main sewer. This drainage is accepted by Northumbrian Water. However the views of the Drainage Engineer are awaited and it is noted that the requirements of the County Durham Surface Water Management Plan and Building Regulations are that discharge to a sewer should only be as a last resort. Furthermore as part of the development is a brownfield site the surface water discharge rates for that part would need to be reduced by 50%. As the information at hand is inadequate to assess whether the proposed drainage is acceptable it is considered appropriate to attach a condition to ensure that a full surface water drainage scheme be submitted and approved in writing prior to the commencement of the development.

104. As Northumbrian Water are satisfied that the sewerage system can accommodate the foul drainage this is considered acceptable subject to a condition requiring adherence to the approved foul drainage plan.

Contamination and Land Safety and Stability issues

105. Section 11 of the NPPF requires Local Planning Authorities to prevent new development from being put at unacceptable risk from amongst other effects soil pollution and land instability. As the site is previously occupied by sheltered housing there may be a degree of contamination on the site and the site lies within a Coalfield development High Risk Area.

106. In terms of contamination the submitted Phase 2 report recognises the potential for shallow water ingresses in future construction and related excavations and recommends the use of pumping equipment during the construction period to overcome this issue. In terms of ground gas the gas monitoring results within the Phase 2 Risk Assessment indicate that no gas protection measures would be required for the proposed development. However the Phase 2 Report advises further monitoring is still required and that this may alter the level of protection required. The phase 2 report found variable ground conditions below the site and recommended a mixture of foundation types that would be required across the site. The Phase 2 Report concluded that the site has a low ground contamination risk setting for Human Health and Controlled Waters.

107. Whilst the Contaminated Land Officer is satisfied with the findings of the reports the Officer notes the applicant’s environmental consultants have verbally advised that remedial works will be required to ensure the site is suitable for use, including the importation of topsoil to the garden areas and therefore the Officer recommends a standard condition to ensure a Phase 3 report is submitted after remediation measures are implemented on site. With such a condition it is considered that the land can be appropriately remediated.

108. In terms of land stability It is noted that the Coal Authority have objected to the development as they consider there is insufficient information to assess whether or not issues of land instability relating to the potential presence of unrecorded shallow mine working can be satisfactorily overcome. In response to the request for a Coal Mining Risk Assessment further information has been submitted in relation to historic mining records at the site. As the Coal Authority have yet to confirm whether this is acceptable it is considered appropriate to attach a condition to ensure that a condition be imposed to ensure that further assessment is undertaken and any necessary remediation carried out prior to the commencement of the development.

Section 106 Agreement

109. Regulation 122 of the Community Infrastructure Levy Regulations 2010 requires that a planning obligation must only constitute a reason for granting planning permission for a development if the obligation is;

• Necessary to make the development acceptable in planning terms; • Directly related to the proposed development; and • Fairly and reasonably related in scale and kind to the development.

110. The applicant has demonstrated to the Local Planning Authority’s satisfaction that it would be unviable to set aside 1% of the costs of the development to provide for public art as required by Chester-le-Street Local Plan Policy BE2. This is accepted only on the basis that the scheme is for affordable housing and therefore the project necessitates the recommended legal agreement.

CONCLUSION

111. The application is acceptable in principle as it is for a 75% affordable housing scheme on a mainly brownfield site in a residential area close to and with good links to Chester-le-Street Town Centre.

112. Further material benefits would be realised in the form of the development providing good quality energy efficient housing, modern and versatile community facilities and extensive outdoor landscaped amenity areas.

113. The residential amenity impacts would be acceptable and adequate amenity would be afforded future residents subject to appropriate conditions.

114. It is not considered that the proposal would not be significantly harmful to the setting of or views to or from Lumley Castle It is accepted that viability and physical constraints have largely defined the form, size and siting of the proposal. However on balance it is considered that the design, scale and massing is acceptable in its context, taking account of opportunities, constraints and the context of the area in which it sits. Importantly, this is the scheme which is financially viable and deliverable in the immediate future.

115. The impacts upon protected species, wildlife and trees are acceptable subject to suggested conditions.

116. Extensive negotiation has led to a highways layout which is now acceptable.

117. All other technical issues raised by the application process have been addressed or can be ensured by condition, and the application is recommended accordingly.

118. Adequate justification has been advanced by the applicants to justify the lack of provision of areas for or monies in lieu of play areas/public art.

119. The fundamental underpinning of the project necessitates the recommended legal agreement for the provision of and retention of affordable housing.

120. Careful and thorough consideration has been given to the objection from the local resident and concerns raised throughout the consideration process and these have been taken into account and addressed in detail within the body of the report, however on balance these issues were not felt to be of sufficient weight to justify refusal of this application.

RECOMMENDATION

That the application be APPROVED subject to the signing of a s.106 obligation to secure 43 dwellings to be provided as affordable units and to ensure the affordable housing delivery is in perpetuity and subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in strict accordance with the following approved plans: Drawing No Date 3359_10_10 Rev C Location Plan 27/11/2013 3359_10_12_Rev C_ Proposed Site Plan 27/11/2013 3359_10_13 Rev C Block Plan 27/11/2013 3359_90_01 Rev D Landscape 27/11/2013 3359_20_01 Rev A Lower Ground Floor Plan 100 21/11/2013 3359_20_02 Rev A Ground Floor Plan 100 21/11/2013 3359_20_03 Rev A First Floor Plan 100 21/11/2013 3359_20_04 Rev A Second Floor Plan 100 21/11/2013 3359_20_05 Rev B Roof Plan 100 21/11/2013 3359_30_01 Rev B Elevations 100 21/11/2013 3359_40_01 Rev B_ Sections 100 21/11/2013 3359B 20 01 Detached 2B3P Bungalows Floor Plans 19/09/2013 3359B 30 01 Detached 2B3P Bungalow Elevations 19/09/2013 3359 10 11 Existing Site Plan 19/09/2013 3359A 20 01 Semi-Detached 2B 3P Bungalow Floor Plans 19/09/2013 004 Rev D Proposed Drainage Layout 19/09/2013 3359 50 01 Balcony Details 19/09/2013 3359A 30 01 Semi-Detached 2B3P Bungalows Elevations 19/09/2013 3359A 20 02 Semi-Detached 2B3P Bungalows Roof Plan 19/09/2012 3359A 40 01 Semi-Detached 2B3P Bungalows Section 19/09/2013 3359B 40 01 Detached 2B3P Bungalows Section 19/09/2013 3359B 20 02 Detached 2B3P Bungalows Roof Plan 19/09/2013 Topographic Survey 19/09/2013 OO1 Rev C Proposed External Levels 19/09/2013

Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9, HP17 and T15 of the Chester-le Street District Local Plan 1996 (saved 2009)

3. Notwithstanding any details of materials submitted with the application no development shall take place before details of the make, colour and texture of all walling and roofing materials have been submitted to and approved in writing by the Local planning authority. The development shall be constructed in accordance with the approved details.

4. Notwithstanding the details submitted with the application, no development shall take place before full specification details of the proposed windows and doors shall be submitted to and approved in writing by the Local planning authority. The windows and doors shall be installed in accordance with the approved details.

5. No development shall take place before details of boundary enclosures are submitted to and approved in writing by the Local planning authority. The enclosures shall be constructed in accordance with the approved details prior to the occupation of the dwelling to which they relate.

Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9 and HP19 of the Chester-le Street District Local Plan 1996 (saved 2009).

6. No development shall take place before details of cycle storage areas are submitted to and approved in writing by the Local planning authority. The facilities shall be implemented in accordance with the approved details.

Reason: To promote cycling in accordance with Chester-le-Street Local Plan Policy T17.

7. Notwithstanding any information submitted, no development shall take place before a scheme demonstrating how CO2 reduction and energy efficiency measures will be incorporated into the approved development has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented and retained in accordance with the approved scheme thereafter.

Reason: To meet the requirements of NPPF part 10 in providing appropriate sustainable on-site technologies and addressing the wider sustainability issues of the site

8. The development hereby approved shall be carried out wholly in accordance with the submitted foul water drainage details on plan ‘004 Rev D Proposed Drainage Layout (19/09/2013).

Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009)

9. Notwithstanding the drainage details submitted no development shall take place before a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local planning authority. The drainage shall be completed in accordance with the details and timetable agreed.

Reason: To ensure proper drainage of the site in accordance with the NPPF.

10. Prior to their installation details of any external plant or machinery to be permanently installed, shall be submitted to and approved in writing by the Local Planning Authority and implemented to the satisfaction of the Local Planning Authority. The apparatus shall subsequently be retained and maintained in good working order at all times to the satisfaction of the Local Planning Authority.

Reason: To ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009)

11. The development must be carried out wholly in accordance with the noise mitigation measures set out in ‘BREEAM Pol5: Environmental Noise Impact Assessment’ by noise.co.uk dated 12 th February 2013 and the measures shall be implemented prior to the occupation of any dwelling to which the details relate and shall be thereafter retained in perpetuity.

Reason: To ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009).

12. For the full course of development works on the site, site works, deliveries and the operation of materials, plant and machinery (including generators) must not be carried out during the following hours: Monday – Friday 24:00 to 08:00 and 18:00 to 24:00 hours inclusive, Saturday 24:00 to 09:00 and 14:00 to 24:00 hours inclusive, with no works on Sundays and Bank Holidays

Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policy HP9, HP17 and T15 of the Chester-le Street District Local Plan 1996 (saved 2009)

13. No development shall take place before further information must be submitted to and approved in writing by the Local Planning Authority in relation to the assessment of the coal mining legacy risks within the site . In the event that the assessment confirms the need for the treatment of any areas of shallow mine workings and/or the mine entry for stability purposes, and/or any other mitigation measures (e.g. foundation precautions, gas protection measures etc.) to ensure the safety and stability of the proposed development, these works must be undertaken prior to commencement of development. The document must include details and timings for these additional identified works, and an assessment of the effect of the works on site drainage. The site must be developed wholly in accordance with said document with confirmation of its completion in full being provided at the completion of the development. Reason: To protect the development against potential Coal Mining legacy issues that may affect the site.

14. The development must be carried out wholly in accordance with, but not restricted to, the timing and working methods set out in page 16 of the ‘Bat Survey Lawson and Riddell Court by Durham Wildlife Services’ dated 19/09/2013.

Reason: to ensure the interests of species protected by law are fully taken into account through the development process, in accordance with part 11.

15. Prior to the occupation of the dwellings the enhancement measures as detailed in page 16 of the ‘Bat Survey Lawson and Riddell Court by Durham Wildlife Services’ dated 19/09/2013 shall be installed on site and retained in perpetuity.

Reason: to ensure the interests of species protected by law are fully taken into account through the development process, in accordance with part 11 of the NPPF.

16. The development must be carried out wholly in accordance with the working methods outlined in the Reptile Method Statement in Appendix 2 of the Phase 1 Ecology Survey by E3 Ecology dated February 2013.

Reason: to ensure the interests of species protected by law are fully taken into account through the development process, in accordance with part 11.

17. Prior to the occupation of the dwellings bird boxes and insect boxes shall be installed within the site and retained in perpetuity.

Reason: to ensure the interests of wildlife are fully taken into account through the development process, in accordance with part 11 of the NPPF.

18. During development works the existing trees on site must be protected in accordance with The tree protection strategy set out and detailed in e3 Ecology ‘Arboricultural Implications Assessment and design issues arboricultural method statements and caluclations for a tree protection plan for Lawson and Riddell Courts dated November 2012. In line with the current British Standard. The measures must retained in situ during all appropriate elements of the development hereby approved.

Reason: In the interests of the visual amenity of the area and to comply with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009)

19. No development shall take place until a detailed landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. No tree shall be felled or hedge removed until the landscape scheme, including any replacement tree and hedge planting, is approved as above. Any submitted scheme must be shown to comply with legislation protecting nesting birds and roosting bats. The landscape scheme shall include accurate plan based details of the following:

• Trees, hedges and shrubs scheduled for retention. • Details of hard and soft landscaping including planting species, sizes, layout, densities, numbers. • Details of planting procedures or specification. • Finished topsoil levels and depths. • Details of temporary topsoil and subsoil storage provision. • Seeded or turf areas, habitat creation areas and details etc. Details of land and surface drainage. • Full details of a maintenance regime to last a minimum of 5 years. • The local planning authority shall be notified in advance of the start on site date and the completion date of all external works.

Trees, hedges and shrubs shall not be removed without agreement within five years, and where planting fails, must be replaced within the same time period.

Reason: In the interests of the visual amenity of the area and to comply with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009).

20. All planting, seeding or turfing and habitat creation in the approved details of the landscaping scheme shall be carried out in the first available planting season following the practical completion of the development.

Reason: In the interests of the visual amenity of the area and to comply with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009).

21. No development shall take place until details of remedial works including the importation of topsoil to the garden areas are submitted to the Local Planning Authority and upon completion of remedial works a final validation statement shall be submitted in accordance with the remediation recommendations of the ’Phase 2’ report.

Reason: To ensure that a satisfactory form of development is obtained in accordance with the NPPF.

22. The housing accommodation hereby approved shall only be occupied by:- i) persons aged 55 or over (qualifying person) ii) any spouse or partner of a qualifying person who is under the age of 55: or iii) any surviving spouse or partner of a qualifying person who is under the age of 55 and living with the qualifying person at his or her death.

Reason: Parking at the site is limited and without the restriction the scheme would have inadequate parking provision contrary to Chester-le-Street Local Plan PolicyT8.

STATEMENT OF PROACTIVE ENGAGEMENT

The Local Planning Authority in arriving at the recommendation to approve the application has sought to actively engage as appropriate with the applicant to secure a positive outcome in accordance with the NPPF in discussing the scheme in detail pre- submission, through the validation process and in allowing further negotiation and amendment on issues identified by consultees during the course of the application.

BACKGROUND PAPERS

• Submitted Application Forms, Plans and supporting documents, including updated and amended documents. • Consultation Responses • Design and Access Statement 19/09/2013 • Phase 1 Desk Study Report • Phase 2 Ground Investigation Report 19/09/2013 • Cestria Community Consultation details 19/09/2013 • BREEAM 2011 Construction Assessment Report 19/09/2013 • Tree Data 19/09/2013 • Ecology Survey 19/09/2013 • Noise Impact Assessment 19/09/2013 • Bat Survey 19/09/2013 • Affordable Housing, Open Space and Transport Assessment 30/09/2013 • Viability Statement 21/11/2013 • Draft Section 106 agreement 27/11/2013 • National Planning Policy Framework • Chester-le-Street District Local Plan (Saved 2009) • County Durham Surface Water Management Plan August 2011 • Responses from The Coal Authority, Northumbrian Water, Durham Constabulary, County Highways Authority, Ecology Officer, Landscape Officer, Trees Officer, Contaminated Land Officer, Pollution Control Officer, Design and Conservation Officer

Application Site

Proposed development of extra care residential units comprising 47 two bed apartments, 4 one bed apartments, 2 two Planning Services bed detached bungalows and 4 two bed semi-detached bungalows with shared communal areas and facilities at Lawson Court, Chester-le-Street Application Number 2/13/00321/FUL This map is based upon Ordnance Survey material with the Comments permission of Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Date November 2013 Scale 1:2500 Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005