Borough of Darlington

BOROUGH OF DARLINGTON

PLANNING APPLICATIONS COMMITTEE

Committee Date – 30 June 2004

SCHEDULE OF APPLICATIONS FOR CONSIDERATION

Background Papers used in compiling this Schedule:-

1) Letters and memoranda in reply to consultations. 2) Letters of objection and representation from the public.

Index of applications contained in this Schedule are as follows:-

Page Address/Site Location Reference Number Policies

Faverdale East Business Park 03/00340/RM1 E2, E7, E11, E13, E14, E16, E23, E24, E28, E29, E34, E45, E48, EP1, EP3, EP6, EP7,T2, T7, T12, T13, T36, T37, T40, R2, H15 Queen Street Shopping Arcade 04/00388/OUT E2, E10, E12, E14, E16, E27, E28, E29, E33, E35, E46, E47, E48, EP11.5, S1, S2, T12, T13, T19, T24, T37, T38 Eastbourne Service Station, Yarm Road 04/00231/FUL E16,E29, E46, E47, T2, T13, T24, T31, S10, S11, S18 Topoli Joe’s, 172-176 Northgate 04/00137/CU R25, S9, E35, T24 206 North Road 04/00578/FUL E29, E38, H15 5A The Spinney, Middleton St George 04/00481/OUT E2,E16, H3, H7, H11, T24 37 Middleham Road 04/00453/FUL H12 8 Heathrow Close, Middleton St George 04/00480/FUL H12 25 Church Lane, Middleton St George 04/00420/FUL H12, E35 Eastbourne Nursery School 04/00496/DC H15, EP13, T14 Dodmire School 04/00206/DC E46, H15, R1, R2, R11, R20

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 03/00340/RM1

STATUTORY DECISION DATE: 17 June 2004

WARD/PARISH: FAVERDALE

LOCATION: Faverdale East Business Park, Faverdale, Darlington,

DESCRIPTION: Details of siting design & external appearance means of access & landscaping of new distribution centre associated offices & maintenance facilities pursuant to Outline Application 03/340/OUTE (19/11/03) amended by plans rec'd 11 & 18/05/04

APPLICANT: ARGOS LIMITED

APPLICATION AND SITE DESCRIPTION

Faverdale East Business Park is a 35.5 hectare site located to the north west of the town, to the east of High Faverdale Farm and to the north of the Faverdale Industrial Estate. Grange Park, a recently developed housing estate lies to the south west of the site. Outline planning permission was granted for a business park, comprising a mix of B1 (Business), B2 (General Industry) and B8 (Warehouse) the site known as Faverdale East in November 2003. Permission was also granted for internal access roads and plot details for Phase 1 of the site, which is the south eastern portion of the site. At the time outline planning permission was granted, it was anticipated that the site would be developed in two phases, with the development of Phase 1, taking up to 10 years. Work has commenced on installing the approved Phase 1 infrastructure, however the site otherwise remains undeveloped and is still in agricultural use.

This is a reserved matters application relating to the erection of a new distribution centre, associated offices and maintenance facilities for Argos Direct, the home delivery branch of the Argos group, on Phase 2 of the site. This is the north western portion of Faverdale East Business Park which extends to approximately 19.5 hectares in area. Details of the siting, design and external appearance, means of access and landscaping of the distribution centre have been submitted for consideration. The main component of the site will be a 62,828 square metre distribution warehouse with a goods in office (1,538 square metres over two floors) and a despatch office (1,036 square metres over two floors) attached to its north western and south eastern sides respectively. The main offices associated with the distribution centre are to adjoin the south western end of the warehouse, and will be two storeys in height providing a further 2,864 square metres of office space. A single storey 18m x 41m ancillary office is also proposed.

Access to the site is to be gained via a spur road off an existing roundabout on the Cross Town Route. The internal access roads serving the application site are generally as approved by the

APPLICATION REFERENCE NO 03/00340/RM1 PAGE outline planning permission, however a modest reconfiguration of the western most access road into the site is proposed, given the size of the building, to enable separate accesses into the site for lorries and cars in the south west corner. A total of 550 car parking spaces, 50 cycle spaces and 20 motorbike spaces are to be provided within an area to the west of the building. Along the northern and southern edges of the site a total of 166 lorry parking spaces are to be provided, with a further 26 trailer parking spaces provided parallel to the eastern end of the warehouse building. 56 loading docks are to be provided along the southern side of the building for the despatch of goods, with a further 36 loading docks along the northern side in association with the goods-in operation. A detached Vehicle Maintenance Unit (VMU) is to be sited in the north western corner of the site.

The application falls into the category of major development by virtue of the size of the proposed building. A full Environmental Statement was submitted with the outline planning application, together with a Traffic Assessment; Green Travel Plan (Draft); Ground Investigation Report; Geotechnical and Geoenvironmental Appraisal; Environmental Masterplan and Archaeological Evaluation. There is however no requirement to submit a further Environmental Statement with a reserved matters application, although a supplementary Traffic Assessment and a Noise Impact Assessment have been submitted with this application.

The applicants' agents have advised that the continuing growth of Argos Direct has necessitated the need to review the company's distribution network. As part of this strategy a new regional distribution centre is required to be located in the North East of England. The distribution centre is planned to primarily support deliveries to Scotland, Northern England and Northern Ireland. The warehouse will deliver a range of 'delivery only' products such as beds, sofas, leisure equipment etc. to Argos Direct customers. The warehouse and associated offices will operate on a 24 hour/7 days per week basis, with a three shift pattern. It is anticipated that in the order of 700 jobs will be created by the development in a range of warehouse, clerical and management positions. During any one shift the maximum number of staff on site will be 257 warehouse/goods in staff and 55 clerical and management staff.

PLANNING HISTORY

03/00340/OUTE - Outline planning application for Business Park consisting of a mix of B1 (Business) B2 (General Industry) and B8 (Warehouse) uses with supporting infrastructure. APPROVED IN OUTLINE 19 November 2003.

PLANNING POLICY BACKGROUND

The following policies in the development plan are relevant:

Tees Valley Structure Plan 2004 (TVSP)

Economy EMP2, EMP5, EMP6 Environment ENV7, ENV10, ENV16, ENV17, ENV18 Transport T4, T5, T6, T20, T24A, T25, T26, T27

APPLICATION REFERENCE NO 03/00340/RM1 PAGE

Borough of Darlington Local Plan (BDLP)

E2 - Development Limits E7 - Landscape Conservation E11 - Conservation of Trees, Woodlands and Hedgerows E13 - Tree Preservation Orders E14 - Landscaping of Development E16 - Appearance from Main Travel Routes E23 - Nature and Development E24 - Conservation of Land and Other Resources E28 - Surface Water and Development E29 - The Setting of New Development E34 - Archaeological Sites of Local Importance E45 - Development and Art E48 - Noise Generating/Polluting Development EP1 - Land Supply for Employment EP3 - New Employment Areas EP6 - Prestige Employment EP7 - Office/Business Park Development T2 - Highway and Transport Management - New Development T7 - Traffic Management and Main Roads T12 - New Development - Road Capacity T13 - New Development - Standards T36 - Cycle Route Network T37 - Cycle Routes in New Development T40 - New Development and Lorries R2 - Access for People with Disabilities H15 - The Amenity of Residential Areas

The site is adjacent to the already built part of the Cross Town Route, and land safeguarded for the section connecting this with the Eastern Transport Corridor.

RESULTS OF CONSULTATION AND PUBLICITY

Four letters of objection have been received which raise the following concerns:

• Increased traffic at peak times around the roundabout at the access to Faverdale from the A68 at the rear of High Grange, which is already horrendous between 08:00 and 09:15 weekdays. • Increase of HGVs to and from Faverdale Industrial Estate passing the rear of my property on a 24 hour basis. • Is there any proposals to extend the development further south towards the rear of the housing opposite the business park? • Have an existing noise complaint with the Aldi warehouse since May 2001 which is being dealt with by the Environmental Health Department. Noise has started to relent but feel the Argos development will increase the noise back to an unacceptable level if 24 hour operating licence is granted. • Aldi HGV delivery trucks use the main access road to the new industrial estate as a wagon park. At times the road is down to one lane. With more traffic on this road the noise will increase with traffic stopping and starting, especially on the access roundabout.

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• Concerned regarding the loss of a Greenfield site due to new development. Under the impression that Central Government discourages this type of development on such sites. • There would be an opportunity to build this site further east between the current Faverdale Industrial Estate and Darlington Rolling Mills, thereby not encroaching on any residential areas. • Already suffer a constant drone from the Aldi site, especially on an evening. Will now have to endure further noise pollution which we consider unacceptable. • Proposed scale of development not clear in the description of the initial outline application. Would have strongly opposed the initial application had been aware of the full implications. • Intensification of use of road (Cross Town Route) will make our lives a misery, especially at evenings and weekends. Affect on residential amenity and that of our neighbours will be exacerbated due to proximity to the roundabout as vehicles accelerate and decelerate. • Estimated number of additional vehicle movements and associated increase in noise disturbance totally unacceptable. • Industrial estate as it stands and road (CTR) marks boundary between town and countryside. Scale of development and intensity of use will have a significant adverse impact on semi- rural character and appearance of the locality. • Development would ruin local environment where nearby redevelopment of former industrial area is taking place with new homes, school and park being built. This development makes a mockery of such worthwhile 'brownfield' re-development. • On paper the proposed development may appear good for the town in economic terms. However the hidden costs to the environment, appearance and character of this part of the town far outweigh any benefits. • Concerned that only small percentage of nearby residents will realise the importance of putting their concerns in writing. This should be taken into account. • If development is allowed to go ahead should be strict controls imposed to ensure night-time and weekend traffic kept to a minimum. • Would seem reasonable that the developer is required to attenuate the impact of additional noise. Does not seem unreasonable that affected residents be provided with triple glazing, acoustic fencing or additional landscaping/planting to the rear boundaries.

One letter of representation has been received which raises the following points:

• Vital that two way traffic is maintained during the construction period along Faverdale North. • New roundabout near to Argos is a relatively short distance from Faverdale North roundabout and is only 10 metres wide. Vehicles waiting to deliver will use the Faverdale North to park overnight and this will create gridlock on this road. • Proposed new bus stops would be better created as lay-bys rather than as part of the road as could cause a congestion problem. • Only first exit from the new Argos roundabout is going to be used as access to their premises. Could create congestion at peak times.

CPRE Careful attention appears to have been paid to landscaping the immediate surroundings of the proposal. Concerned that no attempt has been made to identify medium and long distance views of the site. Existence of views from the A1(M) and A68 should be established and impact of the building assessed before a decision is made.

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Transco No objections to the proposal, but may be apparatus in the area that may be at risk during construction works.

Northumbrian Water Limited The wayleave of 30 metres is acceptable and gives NW unrestricted access to water mains at all times. The proposed drainage is acceptable to NW. The flows from the wash bay on the eastern side of the development should discharge through an interceptor. NW must make all connections to the public system.

Durham County Council Archaeology There are archaeological implications with regard to the development. The proposed development site has already had a desk-based assessment carried out by Cundall Johnson & Partners on behalf of Darlington Borough Council. This identified that the area was likely to contain archaeological deposits relating to the deserted medieval village of Whessoe (SMR 1529). Subsequent geophysical evaluation carried out on a sample of this area confirmed this (SMR 6676). This site has, to date been dealt with archaeological best practice, having undergone pre-determination assessment and some subsequent evaluation. The evaluation phase is however not complete and must be carried out prior to the development. It may be possible to undertake both the archaeological evaluation and the boreholes at the same time. More information is however required on the nature of the plate bearing tests required within the footprint of the proposed building before deciding if these tests should be carried out after the evaluation is complete. The trenching plan should be re-evaluated now that there is a proposed design for the site. The initial trenching plan was designed to provide a general sample of the whole 36 hectare site and may not take into consideration areas of potential impact by this proposal.

Joint Strategy Unit The Tees Valley Joint Strategy Committee does not normally comment on detailed matters. Raise a number of Officer comments regarding the design and sustainability of the building, its drainage system and landscaping proposals.

English Nature Concerned that existing mature trees and hedgerows, and significant lengths of proposed new hedgerows, shown in the previously supplied Environmental Masterplan, will have to be removed (or not planted) to accommodate the proposed facility. The loss of these corridor features will be detrimental to the biodiversity value of the site. While choosing not to object at this time, English Nature would not look favourably on any further reduction (below that shown in the previously supplied Environmental Masterplan) in the retention/provision of features of ecological value elsewhere on the Faverdale East Business Park site. Note the variation (from the scheme shown in the Environmental Master Plan) in the landscape proposal for areas in the north west of the site which are in the vicinity of the Great crested newt breeding ponds. If the layout or proposed timing of works represents a significant variation from the proposal within the DEFRA licence Method Statement, an amendment to that licence may be required.

Environment Agency There is insufficient information provided to enable the Environment Agency to assess the adequacy of the surface water attenuation system. Until these details are provided the EA are unable to confirm that the development will not cause or exacerbate flooding elsewhere. The drawings of the proposed development show that there is a significant opportunity to apply sustainable drainage techniques to the surface water limitation scheme.

APPLICATION REFERENCE NO 03/00340/RM1 PAGE

Highways Agency Note that the application is in keeping with the outline permission granted (considered in the Transport Assessment) previously at this location in November 2003, therefore the Highways Agency has no objection in principle to the above being granted permission. The views of the local Highways Development Control Team should be taken into consideration prior to determining the application.

Archdeacon Newton Parish Council (neighbouring Parish) Recommend approval of the application subject to three conditions: • Darlington Borough Council publish full details of their traffic management scheme to reduce/minimise congestion of A68 road between High Grange/West Park access roundabout and Woodland Road. • Darlington Borough Council impose a weight restriction on Burtree Lane from Whessoe Holm to A167 Road (White Horse Junction). • Darlington Borough Council arrange a public meeting to explain/discuss the environmental impact (including traffic) of the development.

PLANNING ISSUES

Outline planning permission was granted for the development of the larger (35.5 hectare) site known as Faverdale East Business Park in November 2003 comprising a mix of B1 (Business), B2 (General Industry) and B8 (Warehouse). As such the principle of the proposed distribution centre (B8 use) has been established by way of this previous approval. The details of the application must therefore be assessed with regard to the following issues:

• Access and Highway Issues • Landscape and Visual Amenity • Residential Amenity (a) Noise (b) Lighting • Landscaping • Drainage • Archaeology

Access and Highway Issues A Transport Assessment was carried out in respect of the outline planning application, which assumed that the development of Faverdale East Business Park would be in place by 2005 to provide worse case traffic scenarios. The assessment also considered three different scenarios in terms of likely office, industrial and warehouse mix. The Assessment concluded that:

'The traffic generated by the proposal, in the worst case scenario, will have an impact on the junctions in the area of influence. However, the increases created by the development in the Ration to Flow To Capacity (RFC), at all junctions except the Brinkburn Road/A68 junction, are not significant. This would apply to the predicted opening year 2005 and in 2015. Improvement works to the Brinkburn Road/A68 junction are to be carried out as part of the West Park Development.’

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The Council's Highway Engineer accepted the conclusions of the Assessment and the Highways Agency were satisfied that the trunk road network has the capacity to accommodate the project. No highway objections were therefore raised.

Due to the anticipated delay in the development of Phase 2 of the site, the Transport Assessment, which accompanied the outline application, was undertaken for Phase 1 only. A Supplementary Transport Assessment (STA) has therefore been prepared to take account of the additional traffic generated by the Argos development on Phase 2. The STA extends the previous report by repeating the capacity assessment for a number of existing junctions and includes additional traffic flows generated by the proposed development. The Assessment also considers two additional junctions on the Cross Town Route and a further two junctions within the Faverdale Industrial Estate.

The STA states that an additional 2240 vehicle movements over a 24 hour period will be generated as a consequence of the proposed development, comprising both staff and goods vehicles. Given the proposed shift patterns of 0600 - 1400, 1400 - 2200 and 2200 - 0600, vehicle movements, especially staff vehicles, will not contribute significantly to either morning or evening peak travel periods.

The STA concludes that 'the level of vehicle generation from the Argos site during the AM and PM peak periods will be minimal and therefore the impact on the local highway network will be negligible'. The Assessment further concludes 'eight of the ten junctions assessed will be operating at or below their capacity by design year, and therefore there is no requirement to consider these junctions any further. While the remaining two junctions, Cockerton Green and Staindrop Road, will operate over capacity during specific periods of the assessment period considered, this is as a result of high background traffic flows and the Argos development traffic will have minimal impact. Darlington Borough Council have detailed that there is little scope for improvement work to be undertaken within the available highway land, no further consideration will be given to these junctions'.

The Council's Highway Engineer accepts the conclusion of the STA based on the information provided. Similarly the Highways Agency notes that the application is in keeping with the outline permission granted and raises no objection in principle to the proposal.

There will be a requirement for off-site works to provide crossing facilities on the Cross Town Route for pedestrians and cyclists and to link to the existing network. Although the Highway Engineer does not consider that a 'toucan' crossing on the Cross Town Route can be justified based on relatively light traffic flows, a contribution to the cost of the work to provide an off-site footpath/cycleway is considered appropriate. A contribution towards the provision of bus stops, shelters and raised kerbs either side of the Cross Town Route is also required. These matters are to be dealt with by Section 106 Agreement and Grampian planning condition respectively.

It is proposed to provide a total of 550 car parking spaces to serve the development. This will include 50 cycle spaces (based on 8% on a maximum of 300 staff at any one shift) and 20 motorbike spaces. It is also suggested that a condition be attached requiring the provision of 17 parking spaces for disabled visitors. The number of parking spaces proposed is slightly over the standards set out in the Local Plan (the Local Plan standards suggest a maximum of 497 spaces be provided). The applicants have however given an undertaking to produce a management plan for the car park and to provide and implement a Travel Plan, which is already a requirement of the outline planning permission (condition 16).

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Landscape and Visual Amenity The application site is itself significant in area (19.5 hectares) and the proposed distribution centre, associated offices, access and parking facilities will cover much of the site. The distribution centre is to be located roughly centrally on the site, with a 550-space car park being located to the west of the building. A landscaped area with a minimum depth of 15 metres will surround the site. The distribution centre and associated offices, with a cumulative floor area of approximately 68,7410 square metres, will undoubtedly result in the erection of a very large building on the site, which potentially will have a significant visual impact on the wider landscape. (It will be more than twice the size of the nearby Aldi distribution warehouse).

The building has been designed principally to meet the functional requirements of the company, however the design has also taken into account the need to minimise the impact of the building from near and longer distance views and from nearby residential properties. The scale and mass of the building will be broken up by the addition of the main offices to its south western end and the goods in and despatch offices on the north eastern and south eastern sides respectively, together with other ancillary 'plant' such as sprinkler tanks and a compactor elsewhere on the building. The distribution centre building, main office and goods in and out offices are to be clad with horizontally and vertically laid cladding in a palette of silver and grey colours, resulting in a building of clean, crisp lines. Given the height and scale of the building it will be seen more in the context of the skyline than the land and the proposed silver and grey colour scheme has been chosen to reflect this. Relief to the building will be provided by the dock doors and feature cladding banding above, which are to be 'Argos blue', together with a number of other design features throughout the building.

Existing site levels vary between 66.5 metres AOD and 72.5 metres AOD and it is proposed to cut and fill the site to achieve an approximate finished floor level of 69 metres AOD. A comprehensive landscaping scheme is proposed which will come some considerable way towards alleviating the near and mid-distance views of the proposed building. The landscaping proposal will be considered in more detail later in the report. An earth bund is to be formed in the south east corner of the site adjacent to the car park and is to be constructed to a maximum height of 6 metres, tapering to 3.5 metres and 4 metres at either end. It will be landscaped around its base. An acoustic landscape mound is also to be constructed along the southern boundary of the site to a height of 2 metres, which will also assist in breaking up the mass of the building from views from the south.

Computer generated images of the building with and without the proposed landscaping show that the landscaping scheme will be beneficial in terms of breaking up the mass of the building particularly when viewed from the A1(M) and the A68 approaching Darlington, and from views from Faverdale Industrial Estate. The earth bund has been designed to ensure that in time little of the south western corner of the building will be visible from the nearest residential properties on High Grange (Gilderdale Close). It will also serve as a noise attenuation measure to mitigate against on-site activity noise at the nearest residential properties at Gilderdale Close.

While it is acknowledged that the building is substantial, careful consideration has clearly been given to the design of the building, materials and landscaping of the site. Although the building will be visible from the A68 and the A1(M), attention has been paid to minimising the impact of the building from these aspects and it is considered that the proposal complies with Policies E16 and E29 of the Borough of Darlington Local Plan.

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Residential Amenity The proposed distribution centre is to operate on a 24 hour basis. Given the proximity of the site to residential properties on the High Grange Estate and a small number of isolated farmsteads and other properties to the north, east and west of the site, the proposal needs to be assessed in terms of its impact on the amenities of these residential properties, with particular regard to noise generated by the proposed development and the proposed lighting arrangements.

Local Plan Policy E48 (Noise Generating/Polluting Development) states that planning permission will not be granted for development which, by reason of the emission of noise or other pollutant, would be materially harmful to the amenities of existing or proposed residential or other pollution-sensitive areas. Policy H15 (The Amenity of Residential Areas) also seeks to prevent the establishment of non-residential uses which would unacceptably conflict with the amenities of surrounding areas having a predominantly residential character or with the quiet enjoyment of dwellings and gardens in particular.

The visual impact of the proposed development on the occupants of the properties on High Grange has already been considered under the 'Landscape and Visual Amenity' section of this report.

(a) Noise A Noise Impact Assessment has been submitted as part of the planning application and considers both on-site and off-site noise sources for the proposed development and assesses the impact on receptors at four locations around the site. The four receptor points include the nearest residential properties on the High Grange estate at Gilderdale Close (AP1), Railway Cottage to the north east of the site (AP2), Whessoe Grange Farm to the north of the site (AP3) and High Faverdale Farm to the west of the site (AP4). All four receptor points were chosen to represent the nearest residential properties. The Assessment considers principally the impact of additional vehicular traffic generated by the proposed development both on and off-site. Typical noise events are likely to entail the coming and going of vehicles, distribution HGVs, despatch lorries and staff cars, along the Cross Town Route and within the site itself, and the connection of the HGVs and lorries to the docks. As the distribution centre will handle ambient goods, no refrigerated units are to be used.

Measurements of the existing noise climate were taken at the four receptor points at 1 hourly intervals over a 24 hours period, and operational noise has been calculated to the assessment positions at the same intervals. A similar distribution operation at Marsh Leys in Bedfordshire was visited to enable the consultants preparing the Assessment to gain an understanding of how the proposed Argos distribution centre would operate.

Planning Policy Guidance Note 24 - Planning Noise is relevant to consideration of this application, paragraph 10 of which states: 'Much of the development which is necessary for the creation of jobs and the construction and improvement of essential infrastructure will generate noise. The planning system should not place unjustifiable obstacles in the way of such development. Nevertheless, local planning authorities must ensure that development does not cause an unacceptable degree of disturbance. They should also bear in mind that a subsequent intensification or change of use may result in greater intrusion and they may wish to consider the use of appropriate conditions'.

The Consultant's figures given in the Assessment indicate a very marginal increase in on-site noise levels over the 1-hour time period at Gilderdale Close (AP1) during the night, which at worst is calculated to be +2dB. This can be reduced to zero by the use of a three metre high

APPLICATION REFERENCE NO 03/00340/RM1 PAGE mound. The landscaping plans do however show that the earth mound will be 6 metres in height at its greatest point, with an acoustic screen fence erected for a distance of approximately 100 metres alongside the entrance to the car park. Existing daytime levels at this location and daytime/night-time levels at all other locations are indicated as being significantly higher than any predicted noise levels from the site over these 1 hour periods, which indicates that noise levels from the site should be inaudible in these circumstances.

The report also calculates maximum noise levels for the site, which are based on occasional events of short duration and are in this particular instance would be generally associated with the connection of containers to tug units. The report concludes that such activities should be inaudible during the day, but could be audible to some extent at all locations during the night, although are unlikely to give rise to any loss of amenity. The Council's Environmental Health Officer notes that the predicted noise levels do not however account for the proposed noise barriers (earth mound and acoustic fence), which should further reduce the noise levels to minimise the impact of site. It is however suggested that a condition be attached to the permission requiring the earth mound to be constructed up to a height of 6 metres and that the acoustic fencing be constructed up to a minimum height of 3 metres.

Off-site noise levels have been calculated on the basis of off-site vehicle movements. Once again, existing and proposed noise levels have been calculated at the four receptor points identified above and at 1 hourly intervals over a 24 hour period. The Assessment states that off- site noise levels at assessment points AP2, AP3 and AP4 are unlikely to give rise to any impact throughout the day and night. At assessment point AP1 (Gilderdale Close) a slight impact (+3dB) is expected during the period 1100-1500 hours and a substantial impact (+15dB) is expected between 2400 - 0300 hours. The daytime impact of +3dB is just perceptible and therefore unlikely to adversely affect residential amenity. The night time impact of +15dB is however likely to significantly affect the amenity of the residents at assessment position AP1. The Assessment further states that the impact of change of road traffic noise should be considered in the context of potential road use and not existing road use and states: 'the road is designed for high traffic capacity, being intended to be both the access to Faverdale Industrial Estate and part of the proposed Cross Town Route prior to the construction of the housing development on High Grange. Consequently residents should expect it to be used as such, not the clearly low traffic flows identified during the ambient noise survey'.

The Council's Environmental Health Officer accepts the conclusions of this element of the report and further states that it would be inequitable to require the applicant to carry out further works to protect the residential properties affected by off-site noise. Furthermore, the calculated LAeq (8 hour) value at 57 dB(A) for the night time period is also well below the equivalent qualifying level for acoustic insulation specified in the Noise Insulation Regulations for housing adjacent to new road developments (63dB(A)).

Conditions attached to the outline planning permission seek to protect nearby residential properties from noise arising from construction activities on the site.

(b) Lighting Given the 24 hour nature of the proposed operation, lighting of the site is necessary. The lighting scheme shows that the building, car park, access roads into both the car park and the distribution centre and site perimeter will be lit by a series of fixed and pole mounted lights. The lighting units are to be either 150, 400 or 600 watts and will be cowled and will be aligned in a downward facing position. A lux contour map provided with the application indicates that light

APPLICATION REFERENCE NO 03/00340/RM1 PAGE levels will be zero beyond the site boundaries. Consequently it is not considered that the proposed lighting will adversely affect the amenities of nearby residential properties.

Landscaping An Environmental Masterplan was prepared by Consultants, on behalf of Darlington Borough Council for the entire Faverdale East Business Park site, prior to the submission of the outline planning application. The Masterplan identifies environmental constraints and opportunities that exist on the site as a whole and sets out a vision for the development of the site, to provide sufficient areas of marketable, developable land, within a sustainable and attractive landscape. A condition attached to the outline planning permission requires that development of the site must be carried out in accordance with the contents of the Environmental Masterplan (condition 15).

A brief report accompanying the landscaping proposals states that the scheme has been designed to respond to existing vegetation found in and around the site, adopting the characteristics of the existing vegetation with a predominantly native plant palette at a range of stock sizes. The planting has also been designed to provide an increased network of interlinking green corridors and diverse wildlife habitats and existing trees and landscape features are to be retained, where possible.

A mixture of woodland planting is to be provided around the north and eastern boundaries of the site to compliment and strengthen an existing belt of mature woodland planting. The existing woodland provides a good level of screening, and although generally in good condition does require some attention to remove some dead and diseased wood. A 2 metre high acoustic mound is to be created along the southern boundary and will be planted with a mix of extra heavy standard trees and conifers.

The south west corner and frontage of the site have been designed to optimise screening of the site through a combination of mounding and native tree and thicket planting. At a maximum height of 6 metres, the mound and associated planting will provide a substantial barrier to views of the proposed building from the nearest properties on the High Grange Estate. The report envisages that over time the native shrub and tree planting will mature to heights of around 6 - 15 metres over a period of 15 - 20 years and provide an effective screen to the development. An existing oak tree, protected by way of a Tree Preservation Order, in the south west boundary of the site will be retained, with a protective fence erected 1 metre outside of the canopy of the tree.

The north and western boundaries of the development fall within a designated 500 metre radius protection zone for Great Crested Newts. The landscaping proposals for the north western corner of the site incorporate enhanced newt habitat creation consisting of clusters of ponds of various depths and sizes; scattered scrub and a mixture of short and long mown grasses to provide diversity. Areas of native woodland, thicket and hedgerow planting will be incorporated to provide a protective buffer zone between the service yard and the proposed habitat area.

A range of extra heavy standard trees is to be planted within the car parking area and at the southern corner of the building, close to an area of staff seating.

The landscaping scheme is considered acceptable for the site and takes account of the need to break up the scale and massing of the building in the wider landscape, whilst respecting and enhancing existing landscape and habitat features on the site. The scheme is considered to comply generally with the Environmental Masterplan. Given the size of the site and the nature

APPLICATION REFERENCE NO 03/00340/RM1 PAGE of the development proposed, it will be necessary to remove a hedgerow which runs centrally through the site, together with a number of mature trees within the hedge, which the Masterplan had earmarked for retention. The Masterplan also proposed a series of new hedgerows and trees to be planted within Phase 2 of the site to divide the site up into individual plots and areas, which cannot now be undertaken in view of the size of the proposed building, which was not envisaged at the time the Masterplan was prepared. Whilst the loss of the hedgerow and trees is regrettable, in this instance it is unavoidable. However it is considered that the comprehensive landscaping proposed for the site as a whole will more than compensate for the loss of these existing landscape features.

English Nature advises that they have concerns regarding the loss of the existing mature trees and hedgerows and the loss of potential new tree and hedgerow planting as proposed in the Masterplan, which they consider will be detrimental to the biodiversity value of the site. They do not object at this time, however they state that they would not look favourably on any further reduction in the retention/provision of features of ecological value elsewhere in the Faverdale Business Park.

Drainage A drainage scheme for Faverdale East Business Park, connecting into existing sewers in the locality of the site, formed part of the outline planning approval. At the time of the outline application, Northumbrian Water Ltd (NWL) advised that existing sewers installed in the locality have been sized to accommodate flows from this and future developments. The sewers discharge to a balancing pond, which has been designed to accommodate flows from this, and further future developments. The balancing pond then restricts discharge to the receiving watercourse, the capacity of which is used to store flows in excess of this discharge. NWL further confirmed that both foul and surface water flows from Faverdale East can discharge unrestricted to the public sewer system. This approach was considered to be an appropriate and sustainable approach to drainage from the site.

It is proposed that surface water from the application site will discharge to an existing storm sewer at the new Phase 1 internal roundabout off the Cross Town Route. The site area will be divided into two catchments - east and west. The east catchment will discharge into a new sewer along road S03 and the west catchment will discharge into a new sewer along road S02. The off-site balancing pond at the outfall of the existing sewers to attenuate flows to Greenfield run- off levels.

Foul drainage will be collected in underground pumped and gravity sewers within the site and discharged to proposed foul drains in the two access roads to the new Phase 1 internal roundabout. Beyond the roundabout the foul sewers will connect to the existing public foul sewer.

Northumbrian Water has advised that the proposed drainage is acceptable, however flows from the wash bay on the eastern side of the development should discharge through an interceptor.

Discussion are presently on-going with the Environment Agency to resolve the matter of surface water drainage. Members will be updated verbally at the meeting.

Archaeology The site lies to the south of the deserted medieval village of Whessoe. An archaeological field evaluation was commissioned which revealed evidence of medieval, post-medieval and modern agricultural activity. Subsequent geo-physical evaluation carried out on a sample of this area

APPLICATION REFERENCE NO 03/00340/RM1 PAGE confirmed this. The evaluation phase is not however complete. The trial trenching phase was halted due to the presence of Great Crested Newts on the site. Durham County Council Archaeology Department has advised that the evaluation work needs to be completed prior to the commencement of development. The trenching work is to be completed prior to the commencement of development on site. Consultants appointed on behalf of the Council have prepared a project design for the archaeological evaluation of Phase 2 of Faverdale East, which considers in detail evaluation and recording techniques. DCC Archaeology is satisfied with the project design. It is anticipated that work will commence on site at the end of June.

Conclusion The proposed development is consistent with the outline planning approval granted for a business park on Faverdale East, although it involves the development of Phase 2 at least 10 years sooner than envisaged. This is a significant development, which has the potential to generate a considerable number of jobs to Darlington, to the benefit of both the town and the wider area's economy.

The proposed development is considerable in scale, however the site was chosen by Argos from a logistics perspective as it is in close proximity to the primary road network. Argos also advises that the desire to locate such a large facility in this area was supported by the available land as well as the potential to bring diverse employment to the local area.

The application considers in detail the likely impacts of the proposed development on the local highway network and the amenities of nearby residential properties, and the conclusions of these additional reports are accepted. It is acknowledged that the proposed distribution centre will be a very large building, however the design of the building and its materials, and the associated comprehensive landscaping proposals are considered to be acceptable and will help assimilate the building into the local landscape over time. The general layout and disposition of buildings on the site is satisfactory as is the general access, parking and lorry circulation arrangements.

RECOMMENDATION

THAT SUBJECT TO A SECTION 106 AGREEMENT TO SECURE THE FOLLOWING:

The provision of a pedestrian island to accommodate both pedestrians and cyclists with appropriate white lining and warning signs, to be agreed with Darlington Borough Council.

The provision of a pedestrian and cycle link from the pedestrian island to the footway and cycleway within the development, to a route firstly agreed with Darlington Borough Council.

A financial contribution of £16,000 for the provision of two bus stops, bus stop flags, bus shelters, raised kerbs and timetable cases on the Cross Town Route.

A financial contribution of £25,000 for the continuation of the footway/cycleway on the southern side of the Cross Town Route, linking into the High Grange estate and the existing cycle network.

PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1) B4 Details of Materials (Samples)

APPLICATION REFERENCE NO 03/00340/RM1 PAGE

2) B5 Detailed Drawings (Accordance with Plan)

3) D8 Floodlighting (General)

4) D16 Sound Insulation (Non-residential)

5) The submitted landscaping scheme shall be fully implemented concurrently with the carrying out of the development, or within such extended period which may be agreed in writing by, the Local Planning Authority and thereafter any trees or shrubs removed, dying, severely damaged or becoming seriously diseased shall be replaced, and the landscaping scheme maintained in accordance with a Landscape Management Strategy which shall first be submitted to, and approved in writing by the Local Planning Authority prior to the commencement of development.

REASON - In the interests of the visual amenities of the area.

6) E8 Tree Surgery (TPO Trees)

7) E10 Protective Fencing

8) The landscaping mound and acoustic fencing as shown on concept landscape proposal drawings 1, 2 and 3 and site layout drawing number 14412/AO/100C shall be provided prior to the first occupation of any part of the development hereby approved. Notwithstanding the submitted details, the acoustic fence shall be erected to a height of 3 metres and thereafter be so maintained.

REASON - In the interest of minimising the impact of on-site activities arising from the proposed development on the amenities of nearby residential properties on High Grange.

9) Notwithstanding the submitted details, prior to the commencement of the development, or such other time as may be agreed in writing by the Local Planning Authority, details of parking for disabled visitors (17 no. spaces) shall be submitted to, and approved by, the Local Planning Authority in writing. Thereafter the spaces shown on the approved drawing, together with general parking provision as approved by drawing no 14412/AO/100C shall be available for use prior to the first occupation of any part of the development.

REASON - In order that the Local Planning Authority may be satisfied as to the details of the development and to ensure that parking spaces are available in accordance with Darlington Borough Council's standards and in order that adequate on-site parking is available prior to the buildings hereby approved being first brought into use.

10) Prior to the commencement of development, a management plan for the car park (which shall consider car park layout, signage, security, lighting, safe pedestrian routes, car share parking spaces and visitor parking) shall be submitted to and approved by the Local Planning Authority. Any recommendations set out in the Management Plan shall be implemented prior to the first occupation of any part of the development and thereafter the car park shall be run in conformity with the approved management plan.

APPLICATION REFERENCE NO 03/00340/RM1 PAGE

REASON - To ensure that the car park is a safe environment for car users and pedestrians alike and to ensure that appropriate provision is made for visitor parking and to encourage car sharing.

INFORMATIVE

The conditions attached to and specified upon the Notice of Grant of Planning Permission 03/00340/OUTE relating to this development are reiterated and are still in force insofar as the same have not already been discharged to the satisfaction of the Local Planning Authority. Not all the conditions attached to the said planning permission have yet been discharged and the purpose of this informative is to make clear to the applicant that the said undischarged and restrictive conditions are still in force and have to be complied with.

The decision to grant planning permission has been taken having regard to the policies and proposals in the Tees Valley Structure Plan and the Borough of Darlington Local Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance:

Tees Valley Structure Plan 2004 (TVSP)

Economy EMP2, EMP5, EMP6 Environment ENV7, ENV10, ENV16, ENV17, ENV18 Transport T4, T5, T6, T20, T24A, T25, T26, T27

Borough of Darlington Local Plan (BDLP)

APPLICATION REFERENCE NO 03/00340/RM1 PAGE

T40 - New Development and Lorries R2 - Access for People with Disabilities H15 - The Amenity of Residential Areas

The works to the access road will need to be the subject of a Section 38 Agreement and works within the public highway will need to be the subject of a Section 278 Agreement (Highways Act 1980). Contact must be made with the Highways Manager (contact Mr S Brannan 01325 388755) to discuss this matter.

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00137/CU

STATUTORY DECISION DATE: 30 June 2004

WARD/PARISH: CENTRAL

LOCATION: 172-176 Northgate, Darlington,

DESCRIPTION: Change of use of part ground floor from children's playstop (D2 use) to a 50 place children's day nursery (D1 use)

APPLICANT: JOE ZAFARANI

APPLICATION AND SITE DESCRIPTION

This application relates to the change of use of part of the lower ground area of a children's play centre (D2 use) to form a 50 place children's nursery (D1 use). The existing play centre occupies three floors of the former Thornley's Pram shop on Northgate and the lower ground floor, which is accessed off John Dobbin Road, is presently used as the reception area to the play centre. Beyond the reception area is a number of party rooms which are to be used as the children's nursery to provide two nursery rooms, two playrooms, and a lobby area, male and female w.c. facilities and baby change facilities. The reception area will remain and no internal or external alterations are proposed. The site lies within the Northgate Conservation Area.

PLANNING HISTORY

02/00518/CU - Change of use of retail shop (Class A1) to indoor sport and recreation (Class D2) including café/takeaway (as amended by plans received 24 June 2002) GRANTED 22 August 2002.

PLANNING POLICY BACKGROUND

The following policies of the Borough of Darlington Local Plan are relevant to consideration of the application:

R25 - Provision of Community Facilities and Services S9 - Fringe Shopping Areas E35 - Conservation Areas T24 - Parking and Servicing Requirements for New Development.

RESULTS OF CONSULTATION AND PUBLICITY

One letter of objection has been received which raises the following points:

APPLICATION REFERENCE NO 04/00137/CU PAGE

• The main entrance to the premises is situated next to a restaurant's rear door, where food and waste is regularly thrown from high windows intended to reach bins below. There is regularly food, waste and packaging on the sills below the windows and on the road around the bins. • From the Garden Street Public Car Park (the only available parking), the pavement stops outside the restaurant door and parents and children are expected to walk on the road past the bins and through litter to get to the nursery. Families are often seen walking toward the middle of the road to avoid this. • Parking is difficult in the immediate areas, as the Citroen garage parks many cars on both sides of the street, leaving nowhere for parents to drop children off.

PLANNING ISSUES

The main issues to be considered in the determination of this application are:

• Planning Policy • Impact of the Proposal on the Northgate Conservation Area • Residential Amenity • Highway Issues

Planning Policy The application property lies within the Northgate Fringe Shopping Area where Local Plan Policy S9 (Fringe Shopping Areas) states that small new shops, limited extensions to existing shops and Class A2 service uses will be permitted in the defined fringe shopping areas. The proposed nursery however falls outside of the A1 (shops) and A2 (Financial and Professional Services) uses set out in Policy S9. Notwithstanding, the supporting text to Policy S9 does state that small-scale development, which does not conflict with other policies of the Plan, will be permitted to ensure buildings remain in efficient use.

In the case of the existing play centre, the use complies with Policy R24 (Leisure Facilities) in that it is located within an edge of town centre location and with Policy S9 in that it facilitated the renovation and refurbishment of a prominent, yet neglected building within the Northgate Conservation Area. With regard to the proposed nursery, Policy 25 (Provision of Community Facilities and Services) encourages the provision of community facilities, such as children’s nurseries, provided a proposal safeguards residential amenity, the character and appearance of the surroundings and highway safety.

Impact of the Proposal on the Northgate Conservation Area There is a statutory duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act to pay special attention to the desirability of preserving and enhancing the character or appearance of Conservation Areas. No external alterations are proposed to the building and therefore the proposed use will preserve the character and appearance of the Northgate Conservation Area.

Residential Amenity The Northgate United Reform Church adjoins the application property to the north and a takeaway adjoins to the south. The Springfield Citroen Garage is located on the opposite side of John Dobbin Road to the east. With the exception of a number of flats above premises surrounding the site, the area is not residential in character. The proposed use is likely to give

APPLICATION REFERENCE NO 04/00137/CU PAGE rise to increased activity during peak drop-off and collection times, likely between the hours of 0800 - 0900 and 1700 - 1800. However as the area is not predominated by residential properties and given the variety of uses within the vicinity of the site, it would be difficult to argue that the proposed use would be prejudicial to residential amenity so as to warrant refusal of the application.

The Council's Environmental Health Officer has raised no objection to the proposal. The objection regarding the deposit of waste from the adjoining takeaway premises is noted, however this is not strictly a planning matter and the complaint has been forwarded to the Environmental Health Department.

Highway Issues The existing play centre is not served by any designated off-street parking. Car-borne visitors to the centre rely on the nearby short stay pay and display car park at Garden Street and limited short stay (free) on-street car park bays in the vicinity of the site. The nature of the current use is such that there are no peak hours of usage generating excessive demand on adjacent on-street parking facilities. Nearby on-street parking bays offer 1 hour free parking and therefore many visitors who wish to use the centre for a longer period will use the Garden Street car park. The proposed nursery use would however result in a significant increase in pick-up/drop-off requirements in an area where on-street parking close to the site is limited and parking restrictions are already abused. The Highway Engineer has therefore expressed some concern regarding the proposal.

Notwithstanding, the above he does comment that John Dobbin Road is lightly trafficked and the relatively short periods of time during the day when dropping off and picking up would occur is unlikely to prejudice the safety of road users. Furthermore, in this edge of town centre location, within walking distance of the town centre and in an area well served by public transport, this facility may well attract a proportion of non car-borne customers. As such, it would be difficult to substantiate a refusal of the application on the grounds of highway safety.

RECOMMENDATION

THAT PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1) A3 Implementation Limit (Five Years)

2) B5 Detailed Drawings (Accordance with Plan)

INFORMATIVE

The decision to grant planning permission has been taken having regard to the policies of the Borough of Darlington Local Plan 1997 set out below, and to all relevant material considerations, including Supplementary Planning Guidance:

R25 - Provision of Community Facilities and Services S9 - Fringe Shopping Areas E35 - Conservation Areas T24 - Parking and Servicing Requirements for New Development.

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00206/DC

STATUTORY DECISION DATE: 3 May 2004

WARD/PARISH: LASCELLES

LOCATION: Dodmire Junior School, Rydal Road, Darlington, DL1 4BH

DESCRIPTION: Installation of floodlit multi use games area

APPLICANT: DIRECTOR OF DEVELOPMENT AND ENVIRONMENT

APPLICATION AND SITE DESCRIPTION

The application site forms part of the grounds of Dodmire Junior School on Rydal Road. The school site is located on the east side of Rydal Road, to the north is the infants building, to the east open land, to the west residential properties and, to the south a care home, on the immediate boundary to the School site. The application seeks permission for an all weather Multi Use Games Area (MUGA). This would be located to the east of the main school building. The development would comprise an all weather pitch surrounded by a 3-4m high weld mesh fence with gated access and would be illuminated by four floodlight columns. The facility would be accessed by a new ramp from the existing car park and an extended flight of steps. The pitch would be marked out for netball, basketball, tennis and mini-tennis. The development is part of a wider strategy to encourage sports activity in schools and the wider community and a number of locations have been identified for such provision.

PLANNING HISTORY

None relevant.

PLANNING POLICY BACKGROUND

The following polices in the Borough of Darlington Local Plan are relevant:

E46 - Safety and Security H15 - The Amenity of Residential Areas R1 - Designing for All R2 - Access for People with Disabilities R11 - Artificial Turf Playing Pitch R20 - New Sports and Recreational Facilities

APPLICATION REFERENCE NO 04/00206/DC PAGE

RESULTS OF CONSULTATION AND PUBLICITY

No objections received.

Sport England raises no objection subject to a planning condition in respect of a Community Use Agreement.

PLANNING ISSUES

The main issues in the determination of the application is whether the proposal complies with policy in the Borough of Darlington Local Plan in respect of the provision of artificial sports pitches and whether the proposal will have any significant impact on the amenity of the neighbouring properties.

Policy H11 states:

PROPOSALS TO INSTALL ARTIFICIAL TURF PLAYING SURFACES WILL BE PERMITTED PROVIDED THAT: A. THE SITE IS ACCESSIBLE TO PEDESTRIANS, CYCLISTS AND PUBLIC TRANSPORT USERS; B. TRAFFIC ATTRACTION THROUGH RESIDENTIAL STREETS IS AVOIDED; C. THE CAR PARKING STANDARDS PURSUANT TO POLICY T24 SET OUT IN THE ANNEX TO CHAPTER 9 ARE COMPLIED WITH; D. NEIGHBOURING OCCUPIERS, AND THE AMENITIES OF ANY RURAL AREA, ARE PROTECTED FROM ADVERSE EFFECTS OF NOISE, OF GENERAL DISTURBANCE, AND OF FLOODLIGHTING; AND E. THE SITE IS WELL RELATED TO OTHER SPORTS FACILITIES.

The facility is one of a number proposed to be provided, across the Borough, on school sites to enhance sports provision for children and the local community. In respect of the latter issue it is the case that such facilities are best provided within the communities they serve. In this respect the sites are accessible by a range of transport modes and because of their limited size and management arrangements, would not necessarily significantly increase the amount of traffic travelling through residential areas.

The MUGA is provided within the grounds of the school to complement existing sports provision on a field and playground. The current facilities are used by both junior and infants schools on the site.

In respect of the impact of the development in terms of noise and floodlighting, this is considered also in respect of policy H15 (The Amenity of Residential Areas). The main planning issues then arguably relate to the use of the MUGA outside of normal school hours, particularly in the evenings on darker nights, and the impact on local residential amenity of the floodlighting columns.

It is the case that the existing sports fields at the school could be used in the evening time without the need for planning permission and any excessive noise levels could be dealt with under other legislation. In addition such activity would normally be restricted to summer months when daylight permitted the activity. In the case of the MUGA facility this would extend the time available for out of hours use throughout the year and introduce the issue of the impact of the light columns themselves.

APPLICATION REFERENCE NO 04/00206/DC PAGE

In terms of the lighting units these are required to be of a certain minimum standard to allow the sports activity to take place safely. Modern lighting technology does now significantly limit the impact from floodlights and what is termed light spillage and the specification submitted with the application indicates no direct excessive impact on the nearest residential properties and the adjoining care home from light glare.

It is the case then that the two key impacts of the proposal are the illumination of the lights, which facilitate the use of the sports area, which in turn will be the source of any noise or other disturbance. Notwithstanding the management arrangements that will be in place in respect of the facility, it is considered appropriate, in the interests of the amenity of the nearest residential properties to limit the hours of illumination of the lights and therefore the use of the pitch to specified hours. This will particularly deal with the impact of the use of the site on darker winter nights when there is generally less external activity at a school site. Provided such a condition is applied the proposal will not conflict with policy H15 or H11.

Parking provision at the site is satisfactory.

The facility is designed to allow full access for people with disabilities in accordance with policy R1 and R2. This will include a purpose built ramp with protective wall and hand-rail.

There will be some impact from the development in terms of extended hours of activity and the impact of the lighting units but this, controlled by an hours of operation condition, will not be so prejudicial to the amenity of nearby properties to merit a refusal of planning permission. The impact of the development will be further minimised by the arrangements on the site, which will control access to the facility strictly through the school management.

RECOMMENDATION

THAT PURSUANT TO REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND REASONS:

1) A3 Implementation Limit (Five Years)

2) B5 Detailed Drawings (Accordance with Plan)

3) The floodlighting shall be illuminated only between the hours of 0900-2100 on any day.

REASON - To protect the amenities of the nearest residential properties.

4) Prior to the commencement of the use of the Multi Use Games Area approved, a Community Use Agreement in respect of the development including details of pricing policy, hours of use, management and maintenance, shall be submitted and approved in writing by the Local Planning Authority and the development operated in accordance with the approved document.

REASON - To accord with the requirements of Sport England and planning policy set out in PPG 17 (Sport and Recreation).

APPLICATION REFERENCE NO 04/00206/DC PAGE

INFORMATIVE

The decision to grant planning permission has been taken having regard to the policies and proposals in the Borough of Darlington Local Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance:-

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00231/FUL

STATUTORY DECISION DATE: 2 May 2004

WARD/PARISH: LINGFIELD

LOCATION: Eastbourne Service Station, Yarm Road, Darlington, DL1 1BA

DESCRIPTION: Redevelopment of former petrol filling station site for new building to form two shop units with associated car parking (A1 use unit 1 and A1/A2/A3 unit 2)(as amended by plans received 27.5.04 & 10.06.04)

APPLICANT: OGDEN WALLER PROPERTIES

APPLICATION AND SITE DESCRIPTION

This is a full planning application for the erection of a single storey building comprising two shop units measuring 301 square metres (3,250 square feet) and 139 square metres (1,500 square feet) respectively. A Class 'A1 retail use is sought for the larger unit and an A1/A2/A3 use for the smaller unit.

The site is situated on the northern side of Yarm Road opposite the Wheatsheaf Public House and lies adjacent to Yarm Road shops( to the east) and Aldi/Iceland shops car park to the west. A further car park adjoins the site to the north. The application site comprises an area of land previously occupied by the Esso filling station. The filling station has been closed for a number of years.

The proposal would include the provision of 12 customer parking spaces to the front of the building. The car park layout incorporates an ingress and egress one way system utilising the existing vehicular access at either end of the site, with ingress being achieved via the access adjacent to the existing row of shops to the east and egress from the western end of the site.

PLANNING HISTORY

91/160 - Planning permission was granted for the erection of a new petrol filling station with car wash in February 1992.

00/299 - In February 2001 planning permission was granted for the erection of new retail and office development on the adjoining land to the north of the application site

APPLICATION REFERENCE NO 04/00231/FUL PAGE

PLANNING POLICY BACKGROUND

The following policies in the Borough of Darlington Local Plan are relevant:

E16 - Appearance from Main Travel Routes E29 - The Setting of New Development E46 - Safety and Security E47 - Contaminated and Unstable Land and Development T2 - Highway and Transport Management- New Development T13 - New Development Standards T24 - Parking and Servicing Requirements for New Development T31 - New Development and Public Transport S10 - Safeguarding the District and Local Centre S11 - New Development in the District and Local Centres S18 - Food and Drink Use Outside the Town Centre

RESULTS OF CONSULTATION AND PUBLICITY

One letter of objection has been received from the Campaign to Protect Rural England (CPRE) objecting to the proposal on the following grounds:

• No indication is given by the applicant of the type of retail users considered necessary to ensure the prosperity of the Yarm Road Local Centre. We fear the new units of the size proposed selling unrestricted A1 goods may attract customers from a wider area than the Local Centre is intended to serve. These would not be consistent with the scale and function of the centre and would thus conflict with Structure Plan policy. Such shops should be in the Town Centre.

• We note that the large unit in the adjoining parade is closing down and that the lease is up for sale. Any facilities that the Local Centre lacks should be directed to this unit first, possibly subdividing it into more appropriate smaller units.

• We urge the Council to prepare a comprehensive or co-ordinated plan for the Local Centre as part of the Urban Capacity Study. This should consider not just the application site but also the future of:

• The oversized and underused car park serving Aldi/Iceland • The existing parade of shops • The unused car park and grassed area to the north

• Residential as well as retail, community and associated local centre uses should be investigated, in consultation with local residents.

A letter of representation has also been received from owners of adjoining land requesting the imposition of conditions to any approval to secure the following:

• The development shall not be occupied until the existing obstruction (telephone kiosks etc) on Yarm Road are relocated to ensure a visibility splay of 4.5m x 70m is achieved at the junction of the access with Yarm Road.

APPLICATION REFERENCE NO 04/00231/FUL PAGE

• The site shall be investigated for ground conditions; in particular landfill gas etc and proper management practices are put in place to secure the integrity of these measures in perpetuity. • The height of the building shall be restricted to single storey, and the materials used to be of a similar standard to those of the buildings to the rear of the site and adjoining site.

PLANNING ISSUES

The main issues to be considered are:

• Planning Policy • Design and Visual Amenity • Residential Amenity • Contamination and Landfill Gas • Highway Matters

The site lies within the Yarm Road Local Centre, as identified in the Borough of Darlington Local Plan. It is the Council's policy (Policy S10) to safeguard and enhance the vitality and viability of such centres, to meet people's day to day needs. Due to the relatively small size of the units, the proposals will achieve this end.

Policy S11 states that new shopping development and Class A2 service uses will be permitted within local centres provided that they are physically integrated with and have good pedestrian links with the rest of the centre, that car parking spaces are made available for shared use by the public , and that shop entrances are within 200m of bus stops. The policy adds that planning permission will be subject to an hours of operation condition where residential amenity requires safeguarding.

Policy S18 states that Class A3 uses will be permitted in local centres provided that there will be no adverse effect on residential amenities or on highway safety. Again where residential amenity requires safeguarding the policy states that any approval will be subject to a condition restricting the hours of operation.

The Council recently commissioned a retail study (Drivers Jonas Retail Study 1999) of the Borough which included 'health checks' of local centres. Its conclusion pointed to the desirability of improving links between the disjointed parts of this centre. "Yarm Road local centre is dominated by Aldi and Iceland which appear to be trading well. However the success does not appear to spin off to the rest of the centre, due partially to the vacant site that lies between, discouraging linked trips". This application would help to link the two sites in that it would develop the vacant land.

The proposal would be in full accord with Policies S11 and S18 of the Local Plan of the appropriate conditions set out in when these policies were imposed.

Government policy on Planning Policy Guidance (PPG6) states that Local Authorities should encourage "a wide range of facilities in district and local centres, consistent with the scale and function of the centre, to meet people's day to day needs". The proposal accords with this.

Policy E16 of the Local Plan is also relevant. Yarm Road is part of the area's main road network and the policy states that "The appearance of the Borough from the main road network…. will be

APPLICATION REFERENCE NO 04/00231/FUL PAGE maintained and enhanced by encouraging, assisting and carrying out improvements to unsightly land and buildings …. requiring new development to respect its setting, and to incorporate landscaping, wherever appropriate which makes a positive contribution to the appearance of its surroundings". The development of the gap site would satisfy the first part of this policy. The latter part is covered in the following section of this report.

Planning Policy Conclusion The proposal would accord with the development plan and relevant Government policy and should help improve the appearance of this prominent site. Subject to satisfaction on design aspects it would appear to offer the best prospect of linking the older parade of shop units and the more recent Aldi/Iceland development.

Design and Visual Amenity The proposed building is single storey with a maximum height of 7.5m. It would be of a traditional brick construction incorporating contrasting brick bands. The Yarm Road elevation is predominantly glazed and includes a canopy with pitched roof over. The original scheme provided a shallow pitched roof canopy comprising coated profiled metal cladding but following negotiations this has been amended to provide a steeper pitch with an artificial slate roof covering. It is considered that the development will enhance the area and visually will be an appropriate form of development when viewed from Yarm Road, a main travel route into and out of the town centre.

Residential Amenity The relationship of the proposed development with surrounding dwellings is such that there is unlikely to be any adverse effects on the amenities of residents. The nearest dwelling houses are situated on the opposite side of Yarm Road either side of the Wheatsheaf Public House approximately 40m away from the proposed building. Nevertheless it may be prudent to control the hours of operation in respect of the A3 use to avoid problems of noise and disturbance during late evening hours when noise levels are generally low. Similarly it is considered that an appropriate condition restricting delivery operations to normal day time hours would be appropriate.

Contamination and Landfill Gas The site has been part of extensive investigation carried out by the Council into landfill gas problems associated with a former claypit used for the disposal of household waste until the late 1960's. Monitoring of the site and adjacent land, last undertaken in 1998, indicated the presence of landfill gas in the area. Furthermore there is likely to be ground contamination associated with the petrol filling station which previously occupied the site. The Public Protection Division has therefore requested a detailed site investigation to be carried out, including remediation measures, which can be conditional to any approval given.

Highway Matters There are no objections to the proposed development on highway or other traffic grounds. However the Council's highways engineer has requested improvements to the existing vehicular accesses, provision of dropped crossings/tactile paving at road crossings, cycle parking provision and signage/road markings to indicate the one way system. These can all be made conditional to any approval.

APPLICATION REFERENCE NO 04/00231/FUL PAGE

RECOMMENDATION

That planning permission be GRANTED subject to the following conditions:-

1) A3 Implementation Limit (Five Years)

2) B4 Details of Materials (Samples)

3) B5 Detailed Drawings (Accordance with Plan)

4) The A3 use hereby permitted shall not be used for the (preparation or) sale of food or for any other business purposes between the hours of 11 pm and 8 am.

REASON - In order to safeguard the amenities of nearby residential properties.

5) D19 Ventilation Equipment (Details required)

6) E5 Boundary Treatment Submission

7) Prior to the commencement of development details shall be submitted of the following: a) Improvement of the existing crossing within the highway at the western end of the site b) Improvement works of the footway on the frontage to the site including dropped crossing/tactile paving at all road crossings c) Improvement of the site access at the eastern end of the site including works within the public highway d) Dropped crossing/tactile paving at all road crossings within the site e) Secure covered parking for cycles f) Signage and road markings to accommodate the one way system shown on drawing no. 2003-296/003/Rev D

8) Notwithstanding anything shown on the approved plans a 1.8m wide footway shall be provided along the frontage of the shop units and at the western end of the site. Details of which shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The development shall not be carried out otherwise than in accordance with the approved details.

REASON - In the interests of pedestrian safety

9) J2 Landfill (within 250 metres)

10) There shall be no deliveries (or delivery vehicles parked within the application site waiting to carry out deliveries) to the units outside the hours of 8 am - 6 pm Mondays - Saturdays. No deliveries shall take place on Sunday or Banks Holidays.

REASON - In order to safeguard the amenities of neighbouring residents.

INFORMATIVE

APPLICATION REFERENCE NO 04/00231/FUL PAGE

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00388/OUT

STATUTORY DECISION DATE: 17 June 2004

WARD/PARISH: CENTRAL

LOCATION: Queen Street Shopping Arcade, Queen Street, Darlington

DESCRIPTION: Amendment to approved outline planning permission for extension to Queen St Shopping Centre and associated car parking, to include enlarged retail area by incorporating 10 & 12 Union St (amended plans & additional reports received 28/4/04)

APPLICANT: ST MARTINS PROPERTY INVESTMENTS LIMITED

APPLICATION AND SITE DESCRIPTION

Outline planning permission was granted in October 2003 for the erection of a building as an extension to the Queen Street Shopping Centre for A1 (shopping), A3 (food and drink) and D2 (assembly and leisure) purposes with roof top parking and a separate multi-storey car park on the site of Kendrew Street East and West car parks, accessed via a link bridge over St Augustine's Way. This is a further outline application which relates once more to the above proposal, omitting the D2 (assembly and leisure) element, on an enlarged application site by incorporating number 10 Union Street and the former United Reform Church at 12 Union Street and adjacent highway land on Commercial Street and Union Street. No changes are intended to the proposed parking provision.

As before siting and means of access are offered for consideration as part of the submission, with design, external appearance and landscaping not included, but reserved for consideration in a future application. Once again, included with the application are:

• A transport assessment; • A desk top archaeological review of the site; • A desk top ground contamination assessment

The application includes a site boundary plan with an indicative internal layout plan and a number of sectional drawings, submitted for information purposes only. The site includes the existing Queen Street Shopping Centre, together with land to the north, separated into two parcels by St Augustine's Way. The southern and larger parcel of land lies to the south of St Augustine's Way and includes both Commercial Street car parks (approximately 320 spaces), The Lounge bar/nightclub, Regent House a five storey office building and numbers 10 (presently

APPLICATION REFERENCE NO 04/00388/OUT PAGE vacant) and 12 Union Street, a former United Reform Church now occupied by Fisher Carpets and Curtains. The site area also includes sections of public highway as well as a pedestrian subway running under the ring road. To the north of the ring road the site includes Kendrew Street East and West car parks (approximately 120 spaces) and part of Kendrew Street itself. Part of St Augustine's Way is included within the application site as it will be necessary to modify a short stretch of the ring road to allow for the construction of a traffic signal junction to access the proposed car park.

The site slopes from west to east and to a lesser extent from south to north. The part of the site to the south of St Augustine's Way includes the existing Queen Street Shopping Centre which currently has entrances on Prospect Place and Northgate. The southern most edge of the site, part of the existing shopping centre, lies within the Town Centre Conservation Area. North of St Augustine's Way the site is flanked by a mixture of commercial and residential properties. To the north of Gladstone Street is North Lodge Park and terraced housing in North Lodge Terrace. The northernmost part of the site fronting Gladstone Street lies within the Northgate Conservation Area.

The proposals aim to extend the existing Queen Street Shopping Arcade to provide c34,540m2 (including covered malls, atria, cores and roof plant rooms) for use for A1 and A3 retail use, with the erection of a multi storey car park on the land to the north of the ring road for c.799 cars. A bridge over St Augustine's Way will link the two buildings and provide access to the roof of the extension to the shopping centre where a further c.230 car parking spaces are to be located. Both car parks would be accessed solely from the new traffic light controlled junction to be constructed on St Augustine's Way.

The illustrative layouts show a development on two and three levels linked to and accessed from the existing Queen Street malls, through an atrium leading to a wide, 'top lit' two storey mall with 25 shops on the two levels. At the north end of the mall are two department store sized units over the three levels, which would have frontages and access onto St Augustine's Way, as well as being accessed from within the centre itself. Direct access into the large shop units and the malls will be provided from the roof top car park which will be accessed from the bridge across St Augustine's Way. As part of the overall proposal the existing Queen Street Arcade will be refurbished and refitted.

The new traffic signal controlled junction on St Augustine's Way will incorporate phased pedestrian crossing facilities to replace the existing subway under the ring road. In order to facilitate the development, it will be necessary to secure the closure of the existing public highways within the site. This will involve the submission of a separate application for a Road Closure Order.

PLANNING HISTORY

03/00456/OUT - Erection of a building as an extension to the Queen Street Centre for A1 (shopping), A3 (food and drink) and D2 (Assembly and Leisure) purposes with roof top parking and a separate multi-storey car park with a link bridge (additional report 2.9.03). APPROVED(in outline) 14 October 2003

PLANNING POLICY BACKGROUND

The following policies in the development plan are relevant:

APPLICATION REFERENCE NO 04/00388/OUT PAGE

Tees Valley Structure Plan 2004 (TVSP)

Vision SUS1, SUS2, STRAT1 Natural and Built Environment ENV10, ENV12, ENV17, ENV21, ENV30 Transport T5, T6, T25, T26 Town Centres and Shopping TC1, TC3, TC4

Borough of Darlington Local Plan 1997 (BDLP) E2 - Development Limits E10 - Protection of Key Townscape and Landscape Features E12 - Trees and Development E14 - Landscaping of Development E16 - Appearance from Main Travel Routes E27 - Flooding and Development E28 - Surface Water and Development E29 - The Setting of New Development E33 - Archaeological Sites of National Importance E35 - Conservation Areas E46 - Safety and Security E47 - Contaminated and Unstable Land and Development E48 - Noise-Generated/Polluting Development EP11.5 - Central Area Development Sites (Commercial Street) S1 - New Shopping Development S2 - Safeguarding the Town Centre T12 - New Development - Road Capacity T13 - New Development - Standards T19 - Multi-Storey Car Parks T24 - Parking and Servicing Requirements for New Development T37 - Cycle Routes in New Developments T38 - Public Cycle Parking

The Borough Council has adopted supplementary planning guidance of direct relevance to this site. 'Adding to Quality: A Development Strategy for Darlington Town Centre' February 2001. This document aims to promote a new development on this site which should be of a scale and quality to significantly increase the centre's mass of attractions and raise its position relevant to competing centres. The key to this was seen as providing larger shop units of a size to attract national multiple retailers not currently able to find units in Darlington. The development should complement the existing attractions and amenities of the centre and be physically and functionally well integrated with it. It must have good pedestrian links to the rest of the centre.

A development brief providing planning and highway requirements for the Commercial Street development was produced by the Borough Council in September 2001.

RESULTS OF CONSULTATION AND PUBLICITY

Glenkemp (Planning Consultants), on behalf of Absolute Leisure, who own The Lounge Bar and Nightclub on Commercial Street, object to the application. Whilst the owners are in negotiations

APPLICATION REFERENCE NO 04/00388/OUT PAGE with St Martin's Property Investments regarding the sale of the property, this is currently not in the applicant's ownership. The comprehensive development of the area would affect their client's interests.

Blackett, Hart & Pratt Solicitors, on behalf of Fisher Carpets and Curtains, 12 Union Street object to the application on the grounds that redevelopment would entail the closure and demolition of the building from which our client currently operates his business and employs a number of local people in the town. Acknowledge that the principle of new retail development has been accepted by previous outline planning permission, however refer to recent case law (R v Vale of Glamorgan District Council, ex parte Adams 2000) which demonstrates the impact the development will have on my client's business, personal hardship and difficulties that will be generated for his business. These are clearly material considerations and should be taken into account through the current planning application. Would also submit that the proposed development would contravene my client's rights under Article 8 of the European Convention on Human Rights. Following the grant of the previous outline planning permission, my client entered into discussions with St Martins, and it was thought that progress was being made in reaching a solution which would entail the purchase of the building and lease so that Mr Leafe could relocate to an alternative site in Darlington. The application has been submitted without the negotiations concluding. Until such negotiations can be completed trust the Authority will agree the application is premature and cannot be determined favourably.

King Sturge on behalf of Mapeley Ltd, owners of the freehold interest of Regent House (Inland Revenue), 10 Commercial Street object to the proposal as follows:

• Object in principle to the redevelopment scheme. No demonstrable need to demolish/replace Regent House. Property is in full repair and every effort should be made to integrate and retain Regent House in the redevelopment scheme. • An Environmental Assessment should have been submitted with the application on the basis that the proposal will have significant environmental effects because of its nature, size and location. • Replacing the surface car park with a multi-storey car park will impair the residential amenity of local residents and the proposal will increase pollution, threaten the safety of children, and be an intrusion into the Conservation Area. • The proposal fails to deal adequately with access to Regent House. At present no alternative provision has been made for access to Commercial Street once the development commences and the road has been closed. This would hinder the day-to-day working of the property. • Archaeological excavations will hinder the proper use of Regent House. • Desktop study on contamination is insufficient to assess potential contamination on the site and a full study should be undertaken. • The proposal contravenes the Development Strategy for Darlington Town Centre in that the opportunity to create distinctive residential accommodation has not been taken on this site north of St Augustine's Way. • The application should be refused.

Darlington Junior Unionist Club does not oppose the application in principle but have concern regarding access to the premises. Not only do Members use the car park, but also an articulated lorry brings the brewery delivery and the large refuse wagon needs access.

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(Management) Limited, owners of 6 Prospect Place state that any detailed planning permission relating to Queen Street Shopping Arcade should include the preservation of our service access from the highway to the rear of our Queen Street premises.

Darlington Civic Trust is very reluctant to see yet another piece of Darlington's architectural history disappear. Before the Planning Applications Committee are recommended to agree to the demolition of this former chapel in Union Street, consider that it should have independent advice on its architectural and historic value to Darlington. This would need to be set against the economic and financial benefit to the developers. Trust this can be done before any decisions are made.

Durham County Council Archaeologist The archaeological assessment submitted in support of the application identifies that there are features within the proposed development area which will require recording prior to development commencing. This will include trial trenching and historic building photographic recording. The former should be done after the demolition of the standing buildings, whilst the latter must be completed before demolition of the Chapel, School Rooms and Caretaker's House. In order that works identified in the archaeological desk based assessment report are carried out, suggest that the full archaeological condition is attached to the outline permission.

English Heritage Understand that outline planning permission was granted for the previous application last year and that this application is merely a change of red line to include 12 Union Street. Feel very strongly that more could have been made of this great opportunity to develop a large town centre site in Darlington. Having visited the site, it is clear that the creation of St Augustine's Way very much separated the town centre from the residential districts to the north. This is the opportunity to recreate those links between the town centre and Gladstone Street and to improve the pedestrian environment surrounding St Augustine's Way.

Development of surface car parking would be a welcome improvement to this part of Darlington and would undoubtedly improve the town's status as a retail centre. Feel the applicants have failed to address some basic principles of urban design and the proposed layout is an outdated solution. Of particular concern are:

• Lack of linkages between proposed development and the existing townscape; • No attempt to enhance important gateway to town centre at junction of Northgate and St Augustine's Way. • Multi-storey car park at Gladstone Street site would detrimentally affect the setting of the Northgate Conservation Area and the park. • Very little information given on the scale of the development. Although in outline, given the importance of the site more information would be helpful.

Environment Agency No objection to the proposed development, however a full desk top study will need to be carried out for the additional site, which will then need to be included in the site investigation. The operational development is proposed outside the indicative floodplain. Due to the size and nature of the proposal it falls within the Flood Risk Standing Advice Matrix. The advice clearly recommends that a Flood Risk Assessment (FRA) is required for the development in line with PPG25. The Agency recommend that the Local Planning Authority should be satisfied that the FRA fully considers the impact of surface water drainage from the site.

APPLICATION REFERENCE NO 04/00388/OUT PAGE

PLANNING ISSUES

The main issues to be considered in the determination of this application are:

• Planning Policy • Design and Townscape Issues • Impact on Residential Amenity • Highway Issues • Archaeology • Ground Contamination • Flooding • Issues Raised by Objectors

Planning Policy Outline planning permission was granted for the same proposal on a slightly smaller site in October 2003 and as such the principle of the comprehensive redevelopment of this site for retail purposes has been accepted by this previous permission. The previous Committee report is appended for Members' information. This application however relates to an enlarged site including 10 and 12 Union Street and adjacent highway land on Commercial Street and Union Street. There is no change to the car parking proposals as approved by the previous outline permission. The main issue therefore is considered to be whether the proposal in its revised form, with particular regard to the increase in size of the proposed extension, over an above that which has been approved, and the omission of the leisure element, is acceptable in terms of planning policy.

Although both applications have been in outline, the original submission indicated that the extension would contain about 14,310 square metres of gross retail floorspace, within an overall development, including space within malls, atria, cores and plant rooms, of about 24,350 square metres. The present application proposes to increase this to approximately 22,350 square metres (within an overall size of 34,540 square metres). The increase in gross floorspace is considerable, an additional 8,040 square metres or 56%.

The amended proposals do not however raise any new issues in respect of their accordance with the Borough of Darlington Local Plan or the Tees Valley Structure Plan. Policies S1 (New Shopping Development) and S2 (Safeguarding the Town Centre) of the Local Plan and Policy TC1 (Maintaining and Enhancing the Vitality and Viability of Town and District Centres) of the Structure Plan are satisfied once again. Although the additional quantity of retail space proposed within the development will increase the likelihood of an adverse impact on some existing retailers and retail frontages within the town centre when it opens, but it is considered that this should be short-term and the development will increase the attractiveness of the town centre to shoppers from within its catchment area and, consequently the vitality and viability of the centre as a whole.

Local Plan Proposal EP11.5 (Central Area Development Sites - Commercial Street) and Policy R24 (Leisure Facilities) indicate that a site such as this would be appropriate for the development of new leisure facilities for the town. However, in the context of both Policies, the omission of the leisure element would not be prejudicial to the re-development of the Commercial Street area.

APPLICATION REFERENCE NO 04/00388/OUT PAGE

The application once more meets the requirements of the Town Centre Development Strategy to achieve of a major retail-led development at Commercial Street and to increase the number of short-stay car parking spaces as a result of this development. The strategy sets targets of 950 spaces in total for multi-storey car parks on both the Commercial Street and Kendrew Street sites, which is slightly exceeded in this proposal (c.1030 spaces are proposed).

With regard to the Planning and Highway Requirements brief document prepared for the redevelopment of the Commercial Street site by the Borough Council in September 2000, the amended proposals do not raise any new issues in respect of their accordance with the Requirements. It should be noted that the Requirements set a minimum retail floorspace figure for the development (12,000 square metres of gross floorspace) but stated that 'the Council does not wish to specify a maximum size'.

Design and Townscape Issues The application is once more in outline only and therefore there are no elevation details submitted for consideration at this stage. Illustrative cross-section drawings have been submitted once again to demonstrate the likely relationship of the proposed multi-storey car park with both the residential properties adjacent to the north of the site and also in terms of its impact on the Northgate Conservation Area. While there are a number of design and townscape issues raised by the development, officers are generally satisfied that these matters can be resolved through the submission of reserved matters.

The main design and townscape issue pertinent to consideration of this application is however the proposed demolition of numbers 10 and 12 Union Street, the former United Reform Church, presently occupied by Fisher Carpets and Curtains. It is accepted that 10 Union Street, a now vacant and semi-derelict property, known as the Caretakers House, which would appear to have been built during the 1920s/30s, is not of particular townscape interest. As such there is no objection to its demolition.

The former United Reform Church is however considered to be a building of historic interest and value, which makes a positive contribution to the character of the area. It has townscape value in having an identifiable spire which is a landmark feature visible from both Town Centre and Northgate Conservation Areas. As the building does not lie within a Conservation Area, nor is listed as a building of special architectural or historic interest, the Council effectively has no control over the demolition of the building. In the context of the development as a whole it could be considered that the loss of this building would be outweighed by the wider benefits a large scale retail development such as this would bring to the economy of Darlington and the wider area. Nevertheless the applicants' agent has been requested to provide an analysis of its architectural and historic value, weighed against the benefits of the proposal to the town.

The analysis concludes that the fact the building is not listed is a correct reflection of its modest architectural quality which the report considers does not make such a contribution to the townscape so as to warrant their retention. The historic context of the development and use of the building as a church and school is well documented. The setting of the church buildings, both in the immediate street scene and the wider area is poor. Surrounding 20th Century developments have contributed to the destruction of the architectural context and setting of the church. Recently granted outline permission would also alter the setting of the church. The external fabric of the church has deteriorated since it ceased use for religious purposes in 1975, due to inadequate maintenance and erosion.

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The contents of the analysis are noted and generally accepted. Any further comments from the Council's Design and Conservation Officer will be reported verbally at the meeting.

Impact on Residential Amenity The nearest affected residents are in Gladstone Street, North Lodge Terrace and Thornton Street areas. There are however no residential properties within the vicinity of the enlarged site area surrounding 10 and 12 Union Street, which may be affected by this, amended application.

The applicant commissioned an Air Quality Impact Assessment as part of the previous application, in response to concerns expressed locally regarding the increase in pollution levels as a result of more intensive car usage from the multi-storey car park. The Assessment concluded that:

'The dispersion modelling indicates that emissions to atmosphere of PM10 and NOx from the proposed multi-storey car park are not likely to lead to any exceedences of the Environmental Quality Standards for Air Pollutants. The emissions are not, therefore, likely to pose a detrimental impact on air quality in the area'

The Council's Environmental Health Officer accepted the conclusion of the Assessment. As no increase in the numbers of car parking spaces is proposed as a consequence of the proposed extension, it is not considered that the current proposal would result in an increase in emissions so as adversely affect the amenities of the residential properties to the north of the site. While the proposal may result in a larger number of service vehicles accessing the site, the layout plans indicate that serving areas are to be provided within the main body of the development site, to the south of St Augustine's Way, therefore sufficiently away from any residential areas.

Highway Issues An Addendum to the Transport Assessment (prepared March 2003) has been prepared to take into account the enlarged extension to the Queen Street centre. The Addendum focuses on transport impact and car parking and goods vehicle servicing. On the matter of transport impact and car parking, the Addendum concludes that 'as a similar level of car parking will be provided with the latest proposals the assessment of traffic impact contained in the March 2003 report remains valid for the revised scheme'. The Addendum also identifies that three new service areas will be provided to support the new retail units. The conclusions of the previous Transport Assessment satisfied the Council's Highway Engineer and he has raised no objection to the Addendum as submitted, subject to the imposition once more of a number of related planning conditions.

Archaeology A further desktop archaeological assessment has been prepared to consider the enlarged application site, focussing on the area surrounding 10 and 12 Union Street. The assessment identifies that the remaining buildings on the site, a former Chapel, School Rooms and Caretakers House date back to the 19th and 20th Centuries and recommends that a programme of archaeological recording of the buildings be undertaken prior to the development of the site, followed by a programme of trial trenching following the removal of the buildings.

Durham County Council's Archaeology Department support this approach and suggest that the full archaeological condition be attached to any permission granted. It is also considered that the recording of the buildings will come some way to offsetting the loss of the former United Reform Church (12 Union Street).

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Ground Contamination A desk top assessment of ground contamination was prepared for the previous outline application and a further assessment relating to the site around 10 and 12 Union Street has also been submitted. The report identifies that due to the presence of standing buildings and services in the highway there has been little potential for investigation at this time. The suggested planning condition will however adequately deal with ground investigation matters prior to the commencement of development.

Flooding The Environment Agency's Standing Advice clearly recommends that a Flood Risk Assessment (FRA) is required for the development in line with Planning Policy Guidance Note 25 (Development and Flood Risk). The applicant's agent has now provided a FRA, which has been forwarded to the Environment Agency for comment. Members will be updated on the Agency’s further comments at the meeting.

Issues Raised by Objectors Many of the issued raised by objectors have been covered in the above sections of the report, however, there are a number of matters which warrant further comment and these are as follows:

Need for an Environmental Assessment It is acknowledged that the development constitutes development under Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. However, Circular 02/97 makes it clear that Environmental Assessments are only required for this type of development if there are significant effects on the environment and the Secretary of State has set out 3 cases where Environmental Assessments would be required as follows:

• For major developments which are of more than local importance. • For developments which are proposed for particularly environmentally sensitive or vulnerable locations (does not include Conservation Areas). • For developments with unusually complex or potentially hazardous environmental effects.

In the view of the Local Planning Authority, none of the above 3 criteria apply to the application. In addition, PPG 6 on Town Centre and Retail Development suggests that the need for an Environmental Assessment of major shopping proposals should be considered in the light of the sensitivity of the particular location. The majority of the site is previously developed land and therefore of low sensitivity.

It is therefore concluded that an Environmental Assessment in not required in this case.

The ability of occupants of buildings within the application site to conduct their business There are three buildings within the application site which are presently occupied, but which would need to be removed to make way for the proposed development. These buildings include Regent House (Inland Revenue), The Lounge Bar and Nightclub and the former United Reform Church (Fisher Carpets and Curtains). The development, as currently envisaged, will only be able to progress if agreement is reached with the owners of these properties for their demolition. If agreement is reached, then alternative arrangements for accommodating these businesses elsewhere would need to be made.

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The economic circumstances of a business, and the personal financial circumstances of a small business proprietor, are not normally within the range of matters, which should be taken into account as material planning considerations. There can be exceptions to this rule however, and members are invited to consider the possible hardship to businesses, including the loss of a business which may be of value to the community, in reaching their decision, but bearing in mind such factors as the likelihood that owners of businesses will either enter agreements with developers ahead of development proceeding or be paid compensation under the compulsory purchase code if their premises are acquired compulsorily.

Conclusions The amended application is once more considered to be consistent with current planning policy and will strengthen Darlington's role within the regional shopping hierarchy by reinvigorating and expanding the retail function which is at the core of the town centre's economy and vitality. It is a scheme that will interest national multiple retailers and broadens the scope of retailer representation.

The enlarged site area does not give rise to any issues of increased traffic generation (as evidenced by the Addendum to the Traffic Assessment), although further archaeological and site investigation work will be required.

The application will need to be referred once more to the Secretary of State (Government Office North East) because of the increase in the amount of retail floorspace.

RECOMMENDATION

THAT UNDER THE TOWN AND COUNTRY PLANNING (SHOPPING DEVELOPMENT) (ENGLAND AND WALES) (NO 2) DIRECTION 1993, THE APPLICATION BE REFERRED TO THE SECRETARY OF STATE (GOVERNMENT OFFICE NORTH EAST) AND IN THE EVENT THAT HE DECIDES NOT TO INTERVENE, PLANNING PERMISSION BE GRANTED IN OUTLINE SUBJECT TO THE FOLLOWING CONDITIONS: -

1) A1 Outline (Reserved Matters)

2) A2 Outline (Implementation Time)

3) B4 Details of Materials (Samples)

4) Prior to the opening of any of the retail units hereby approved, the scheme of highway improvements, including construction of the traffic signal controlled junction on St Augustine's Way, shall be carried out in full.

REASON - In the interest of highway safety and efficient traffic management.

5) The access and highway proposals required by Condition 4 above shall include provision of the following matters which shall first be agreed in writing with the Local Planning Authority:

a) Details of a queue detector; b) Precise location of cycleway; c) Location of cycle parking;

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d) Location of cycle route through the development, linking with King Street; e) Service access arrangements to the Darlington Junior Unionists Club.

REASON - In the interests of highway safety and efficient and sustainable traffic management.

6) The car park hereby approved shall be designed to Secure Car Park standard.

REASON - To ensure that the car park incorporates design features to deter crime.

7) Prior to the commencement of development, a management plan for the car park (which shall be formulated to ensure that priority is given to short stay parking) shall be submitted to and approved by the Local Planning Authority. Thereafter the car park shall be run in conformity with the approved management plan.

REASON - To ensure that the car park is available predominantly for short stay parking to serve the needs of people visiting the town centre for shopping trips. 8) Prior to the opening of any of the retail units hereby approved, the car park hereby approved shall be constructed and open for use and thereafter maintained for that purpose.

REASON - To maintain the supply of car parking spaces to serve the town

9) The development hereby approved shall not be commenced until all additional highways have been formally stopped up in accordance with the relevant statutory procedures.

REASON - The development as approved includes development on a number of public highways.

10) No development approved by this permission shall be commenced until:

a) The application site has been subjected to a detailed scheme for the investigation and recording of contamination including soil contamination, ground/surface water contamination, landfill gas, leachates and stability as appropriate b) Detailed proposals for the removal, containment or otherwise rendering harmless any contamination (the ‘Reclamation Method Statement’) have been determined through risk assessment and approved in writing by the Local Planning Authority c) The works specified in the Reclamation Method Statement have been completed in accordance with the approved scheme

Any contamination not considered in the Reclamation Method Statement but identified during the reclamation works should be subject to further risk assessment and remediation proposals agreed with the Local Planning Authority.

REASON – The site may be contained as a result of past or current uses and/or within 250 metres of a site which has been landfilled and the Local Planning Authority wishes to ensure that the proposed development can be implemented and occupied with adequate regard to environmental and public protection.

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11) Prior to the commencement of the development hereby approved, details of noise emissions from any plant such as fans and compressors shall be submitted to and approved by the Local Planning Authority in writing. Thereafter noise emissions from such plant shall not exceed the background noise level by more than 5dB(A) when measured in accordance with BS 4142, 1997, at the nearest affected residential property.

REASON - To prevent noise and disturbance to nearby properties.

12) Prior to the commencement of development hereby approved, a scheme for the piling of foundations (if applicable) shall be submitted to and agreed in writing by the Local Planning Authority. For the avoidance of doubt, such a scheme shall include the following:

a) An assessment of the likely vibration levels and details of any necessary mitigation measures; b) Details for the monitoring of vibration levels and details of any necessary mitigation measures; c) If necessary, a risk assessment for the protection of groundwater from any contamination which may be present on site.

REASON - To minimise any adverse impact on surrounding properties due to vibration and to protect groundwater resources.

13) No development shall take place until the applicant has secured the implementation of an agreed phased programme of archaeological works, to include evaluation, the implementation of an appropriate programme of building recording/analysis, and where appropriate, mitigation in accordance with a written scheme of investigation. This should be submitted by the applicant and approved by the Local Planning Authority.

REASON - To safeguard the archaeological interest of the site.

14) Prior to the commencement of any development, a scheme for the provision and implementation of surface water limitation shall be submitted to and agreed in writing by the Local Planning Authority. The works/scheme shall be constructed and completed in accordance with the plans and timetable approved by the Local Planning Authority.

REASON - To prevent the increased risk of flooding in accordance with Planning Policy Guidance Note 25 - Development and Flood Risk (PPG25)

15) Prior to being discharged into any watercourse, surface water system or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor installed in accordance with a scheme previously submitted to and approved in writing by the Local Planning Authority. Roof water shall not pass through the interceptor.

REASON - To prevent pollution of the water environment.

16) J8 Artwork

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INFORMATIVE

Tees Valley Structure Plan 2004 (TVSP)

Vision SUS1, SUS2, STRAT1 Natural and Built Environment ENV10, ENV12, ENV17, ENV21, ENV30 Transport T5, T6, T25, T26 Town Centres and Shopping TC1, TC3, TC4 Leisure, Recreation and Tourism L1, L2

The site is located in an area where it is recommended that a geological assessment be carried out in order to ascertain whether basic radon gas protection measures are required (as described in the DETR/BRE document BR211 Radon: Guidance on Protective Measures for New Dwellings).

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Water Supply The developer should make early contact with Northumbrian Water's New Development Team at Leat House Office, Tel. 0191 419 6616, for details regarding a water supply and any costs involved.

The Northumbrian Water mains which cross the site must be protected at all times and provided with an easement strip 3m - 6m either side. No development will be allowed within this easement. The mains may be diverted at the expense of the applicant and must be carried out under Northumbrian Water supervision. The applicant must contact the New Development Team, Tel. 0191 419 6509.

Production New discharges of foul and surface water must be on separate systems.

Surface water discharges must be prevented from entering public surface water or combined sewers.

Surface water flows should be discharged to soakaways, suitable infiltration systems, streams, watercourses, the sea and at a last resort the public sewer. If the surface water or combined sewer is the only possible means of discharge, Northumbrian Water must be consulted. Contact Mr L Hope Tel. 0191 419 6533. Surface water will not be permitted to enter foul sewers.

Connections to public sewers, or any other work affecting public sewers, must be carried out by Northumbrian Water. Contact Mr D Greenwood Tel. 0191 301 6696

If any sewers are to be offered for adoption they must be constructed in highways or public open spaces to which vehicular access is possible, and in accordance with the Water Services Association's publication 'Sewers for Adoption 5th Edition'.

If there is an adoptable pumping station, as part of the development infrastructure, Northumbrian Water will require a 15m zone around the station to be wholly within the development site. No encroachment on adjacent development sites will be permitted.

There is an existing public sewer within/close to the application site. This development will/may affect the sewer. The sewer must be accurately located prior to work commencing on site and must be protected before and during construction work. Contact Mr S Somerville Tel. 0191 0601 6675. No new buildings, structures, tree planting or alteration of the land within at least 3m of the sewer will be allowed without the permission of Northumbrian Water.

The foul flows can be accepted into the public system. A capacity check will be required to determine if the surface water flows can also be accepted. Contact Mr L Hope Tel. 0191 419 6533. Surface water flows must only be discharged to the public sewerage system as a last resort and after all other means of disposal have been investigated.

The drainage system from the proposed development must incorporate a suitable drain trap which will prevent fats, grease and other cooking materials from entering the public sewer. The use of traps which prevent the accumulation of cooking materials sticking to the private drains but do not prevent the materials from entering the sewer, are not acceptable.

APPLICATION REFERENCE NO 04/00388/OUT PAGE

Trade Effluent Large car parks (i.e. over 60 spaces) and areas subject to oil or petrol spillages must be drained, through an oil interceptor of suitable capacity to treat the wet weather run-off from the drainage area, before discharging to the public sewer, river or watercourse. Such discharges may also require the approval of the local Fire Authority's Petroleum Regulations Officer

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00420/FUL

STATUTORY DECISION DATE: 24 June 2004

WARD/PARISH: MIDDLETON ST GEORGE

LOCATION: 25 Church Lane, Middleton St. George, Darlington, DL2 1DF

DESCRIPTION: Erection of a single storey porch extension

APPLICANT: MR & MRS DODDS

APPLICATION AND SITE DESCRIPTION

The application proposes the erection of a single storey porch extension to the rear of the dwelling measuring 3.3m x 3m. A roof terrace is proposed over part of the extension incorporating brick piers and railings, with a hipped roof over the remainder of the porch. It would have a maximum height of 3.6m, measured to the top of the brick piers of the roof terrace. The hipped element would measure 3m from ground level.

The application property is situated within the Middleton St George conservation area and is a modern two storey dwelling, rooms in the roofspace effectively forming the first floor.

PLANNING HISTORY

79/944 - Planning permission was granted in December 1979 for the erection of this dwelling.

83/338 - In July 1983 planning permission was granted for the erection of a conservatory.

89/781 - In February 1990 outline planning permission was refused for the erection of a dwellinghouse in the garden to No. 25.

91/114 - Outline planning permission was again refused for the erection of a dwelling in the garden, in May 1991. A subsequent appeal was dismissed.

93/414 - In August 1983 planning permission was granted for the erection of an extension to the existing garage and the construction of a conservatory.

93/660 - Planning permission was granted for the erection of a conservatory to the side in November 1993.

APPLICATION REFERENCE NO 04/00420/FUL PAGE

03/01283 - In March 2004 planning permission was refused for the erection of a single storey rear porch extension. The current application is identical to this one in terms of the footprint but has a smaller roof terrace and includes a hipped roof element.

A number of applications have also been made for works to protected trees within the site.

PLANNING POLICY BACKGROUND

The following policies within the Borough of Darlington Local Plan are relevant:

H12 - Alterations and Extensions to Existing Dwellings E35 - Conservation Areas

RESULTS OF CONSULTATION AND PUBLICITY

One letter has been received from adjoining occupiers objecting to the development on the following grounds:-

• Loss of privacy. • There are presently bushes and trees in our garden between us and No. 25. At some point in the future, we, or a subsequent owner, may wish to remove the bushes and extend the lawn down the side of the house. The proposed extension at No. 25 would then be very intrusive. • It would result in damage to protected trees nearby which would put adjacent properties at risk of damage and also their occupants if they fell.

The objectors have also queried the description of the development and claim that because of its size it is an additional room not a porch and also no reference is made on the application form to the presence of adjacent trees.

Middleton St George have no comments to make on the application.

PLANNING ISSUES

The main issues to be considered are:-

• Residential Amenity • Effects on the Character and Appearance of the area; and • Effects on Trees

Residential Amenity The extension would be sited approximately 3m from the common boundary with the objectors property to the west (The Red House) and a further 11m from the flank wall of the house. The proposed roof terrace and a window in the west facing elevation of the extension both have the potential to cause problems of overlooking and loss of privacy for the adjoining occupants. There are already several overlooking facing windows on the ground and first floors in both properties, the effects of which are mitigated to a large degree by the existing vegetation on the boundary which comprises several mature trees and shrubs and a leylandii hedge within the applicants own property. This vegetation would similarly afford a reasonably effective screen in respect of the facing window in the extension. The now demolished porch also incorporated a window within the elevation facing the neighbouring property. Whilst the proposed extension is

APPLICATION REFERENCE NO 04/00420/FUL PAGE

1.7m closer the existing amenities of the adjoining occupiers are unlikely to be materially affected by this. Again the roof terrace has been amended from the previous refusal to ensure that it projects no further than that over the original porch. Consequently it is considered that this would not result in any significant privacy or residential amenity problems.

Character and Appearance of the Area The application property is set back from Church Lane by approximately 23m and is screened to a large extent by mature planting along the boundaries of the site. The proposed extension itself is stepped well back from the south facing frontage of the dwelling. Consequently it would not be readily visible from public viewpoints. In terms of size, scale and overall appearance the extension reflects the modern character of the existing property. It is considered therefore that the development would not have an adverse affect upon the Conservation Area rather it would satisfy the test of achieving a 'neutral' impact on the character of the area.

Effects on Trees A number of protected broad-leafed trees are located in the adjacent property No. 24 (The Red House) close to the boundary with the application site. The proposed extension would project further towards these trees than the previous one but the Council's arboricultural officer is of the view that any subsequent root loss would be minimal and should not adversely affect the health of the trees.

RECOMMENDATION

PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1) A3 Implementation Limit (Five Years)

2) B4 Details of Materials (Samples)

3) B5 Detailed Drawings (Accordance with Plan)

INFORMATIVE

H12 - Alterations and Extensions to Existing Dwellings E35 - Conservation Areas

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00453/FUL

STATUTORY DECISION DATE: 17 June 2004

WARD/PARISH: HARROWGATE HILL

LOCATION: 37 Middleham Road, Darlington, DL1 3DH

DESCRIPTION: Proposed erection of a two storey rear extension

APPLICANT: MR A WALKER

APPLICATION AND SITE DESCRIPTION

The proposal involves the erection of a two storey rear extension comprising a kitchen on the ground floor and two bedrooms above. The extension measures 4.27m wide; 3.15m long with an overall height of 6.7m under a hipped roof.

The property is a semi detached dwelling with a small off-shoot to the rear. The surrounding area is predominantly residential.

PLANNING HISTORY

None.

PLANNING POLICY BACKGROUND

Policy H12 - Alterations and Extensions to Existing Dwellings of the Borough of Darlington Local Plan is relevant along with Planning Guidance Note 7 - Alterations and Extensions to Dwellings.

RESULTS OF CONSULTATION AND PUBLICITY

One letter of objection has been received raising the following concerns:-

• I would believe it would make my back rooms quite dark; • I don't like the idea of opening my blinds onto a brick wall; • I would like you to take the 45° code into consideration when dealing with this application.

APPLICATION REFERENCE NO 04/00453/FUL PAGE

PLANNING ISSUES

The main issues to be considered here are whether or not the proposed development would have a detrimental impact on:

• The residential amenities of the neighbouring properties; • The character and visual appearance of the surrounding area.

Residential Amenity The nearest first floor level window in the rear elevation of the adjoining dwelling is a bathroom window which is fitted with obscured glazing. The extension would comply with the 45° code when measured from the bedroom window.

The adjoining dwelling has been extended to the rear with a single storey brick built extension and a conservatory. The conservatory has clear glazing in its northern elevation. A close boarded fence forms the boundary with the application site which partially screens both structures.

The proposed extension projects 3.15 along the boundary from the rear elevation of the main dwelling. It would extend beyond the neighbouring brick built extension and approximately cover half of the conservatory.

It is considered that, as the extension would not be in-line or project beyond the conservatory, it would not significantly affect the amount of natural daylight entering the building. Also the orientation of the rear elevations of the properties would ensure that sufficient daylight would enter the objector's property.

The proposal would not have a detrimental impact on the adjacent dwelling (no. 39) due to the fact that it also has a two storey rear extension and the proposal would not project beyond it.

Visual Appearance The proposal would not have a detrimental impact on the appearance of the surrounding area. Its design, in relation to the existing dwelling, is considered acceptable.

The two storey extension at the adjacent property, No 39 Middleham Road, is exactly the same size and design as the proposed extension.

RECOMMENDATION

PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:-

1) A3 Implementation Limit (Five Years)

2) B4 Details of Materials (Samples)

3) B5 Detailed Drawings (Accordance with Plan)

APPLICATION REFERENCE NO 04/00453/FUL PAGE

INFORMATIVE

H12 - Alterations and Extensions to Existing Dwellings.

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00480/FUL

STATUTORY DECISION DATE: 24 June 2004

WARD/PARISH: MIDDLETON ST GEORGE

LOCATION: 8 Heathrow Close, Middleton St George, Darlington

DESCRIPTION: Erection of a single storey dining room extension to front

APPLICANT: MR STEVE COLLISHAW

APPLICATION AND SITE DESCRIPTION

The application property is a four bedroom detached dwellinghouse situated in the corner of a short cul-de-sac and is of traditional brick and tile construction.

The application proposes the erection of a single storey dining room extension at the front of the property. It would measure 3.4m in depth by 3.1m in width under a hipped roof 3.5m in height at ridge level.

PLANNING HISTORY

90/333 - Planning permission was granted for the residential development in November 1992.

98/638 - Substitution of house type plots 34-49, 65-68 and 126-156 (Phase II 'Highfields') was approved in November 1998.

03/01091 - In December 2003 planning permission was granted for the erection of a single storey lounge extension to the rear. The application had originally included the erection of a dining room extension to the front of the property but this was deleted from the scheme following an objection.

PLANNING POLICY BACKGROUND

The following policy in the Borough of Darlington Local Plan is relevant:-

H12 - Alterations and Extensions to Existing Dwellings.

APPLICATION REFERENCE NO 04/00480/FUL PAGE

RESULTS OF CONSULTATION AND PUBLICITY

One letter has been received objecting to the development on the following grounds:-

• one of the main features of the houses in the cul-de-sac is the canopy above the front window, which is a common feature and helps the different size houses blend in. The proposed extension will not have this feature; • no other extensions have been built at the front of any of the houses on this estate • it would completely disrupt the appearance of the street scene as well as detracting significantly from the appearance of our property; • granting permission will set a dangerous precedent for the future and in years to come the appearance of the whole development could be lost.

PLANNING ISSUES

The main issues to be considered in the determination of this application are:-

• Visual Amenity; and • Residential Amenity

Visual Amenity The proposed extension would be in scale and character with the existing dwelling. In terms of its effects on the street scene the building line in Heathrow Close is irregular in nature. The application property is set back from the dwellings either side and in view of this relationship the proposed extension would only marginally project beyond the building to the north, the corner property. Given this context and the relatively modest size of the extension there would be no adverse effects on the appearance of the locality.

Residential Amenity The physical relationship of the proposed extension with the adjoining properties is such that the amenities currently enjoyed by the neighbouring occupants would not be materially harmed. There are no openings in the gable walls of the adjoining dwellings facing the extension.

RECOMMENDATION

THAT PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:-

1) A3 Implementation Limit (Five Years)

2) B5 Detailed Drawings (Accordance with Plan)

INFORMATIVE

H12 - Alterations and Extensions to Existing Dwellings. DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00481/OUT

STATUTORY DECISION DATE: 14 June 2004

WARD/PARISH: MIDDLETON ST GEORGE

LOCATION: 5A The Spinney, Middleton St. George, Darlington, DL2 1HD

DESCRIPTION: Outline application - erection of dormer bungalow and garage

APPLICANT: MR G L JOHNSTON MRICS

APPLICATION AND SITE DESCRIPTION

The application site comprises some 406m2 of land. It comprises part of the side garden and related land which in the ownership of No 5a The Spinney. To the north of the existing property are a group of asbestos and timber sheds. The application site lies within The Spinney a residential development to the west of the Virginia Estate to the east of Middleton St George. The area is predominantly residential and is characterised by detached and semi detached family dwellings.

The application is made in outline for a single dormer bungalow, only access to the site is to be determined at this stage.

PLANNING HISTORY

None.

PLANNING POLICY BACKGROUND

The following policies in the Borough of Darlington Local Plan are relevant:

E2 - Development Limits E16 - Appearance from Main Travel Routes H3 - Locations for New Housing Development H7 - Areas of Housing Development Restraint H11 - Design and Layout of New Housing Development T24 - Parking and Servicing Standards for New Developments.

APPLICATION REFERENCE NO 04/00481/OUT PAGE

RESULTS OF CONSULTATION AND PUBLICITY

Middleton St George Parish Council objects to the application on the grounds the application is development in an open field on green land.

One letter of representation has been received expressing concern that the only foul water outlet is to a private treatment plant on the estate owned and maintained by Middle Oak Management (MOM). The applicant has not approached MOM for permission to connect to the system so they cannot dispose of foul water. At present they do not contribute to the running costs of the plant.

PLANNING ISSUES

The only significant planning issue to be considered in the determination of this application is the application of policy E2 (Development Limits).

The application site comprises in the main part of the side garden area of the existing property approximately 75% of the application site lies within the development boundary identified for this part of the estate. The western part of the site, which comprises some 96m2, lies outside the development boundary. This part of the application site will provide part of the rear garden space to the proposed dwelling. Whilst it is noted that part of the garden does lie outside the approved boundary, this is not considered to be so prejudicial to development plan policy to merit a refusal of planning permission. The layout and plot size are identical to the existing property at No 5A and the encroachment into the adjoining open land is marginal and no more extensive than the existing property boundary to the south.

The application only seeks consideration at this stage for the means of access to the site, which is considered acceptable by the Highways Officer.

A detailed assessment in respect of policy H11 (Design and Layout of New Housing Development) will be carried out when full details of the dwellings are submitted (as reserved matters).

It is proposed, as part of this application, to demolish existing buildings on the northern boundary of the site in the adjoining paddock area and this will be a qualitative improvement to the local environment.

The objection of the Parish Council is noted but the majority of the site is not, by definition, green field, but previously developed land being within the curtilage of an existing dwelling, the only green field element being that part of the rear garden outside development limits.

The representation in respect of the foul water connection is noted. The application indicates disposal of foul water by a mains connection. There does not appear to be any technical reason why a connection to the private plant is not possible. The issue of the connection and any charges are civil matters but the Local Planning Authority needs to be satisfied as to the detail of the connection whether it be to the existing plan or some other arrangement. A planning condition will cover this issue.

APPLICATION REFERENCE NO 04/00481/OUT PAGE

RECOMMENDATION

THAT PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1) The approval of the Local Planning Authority shall be obtained with respect to the following reserved matters before the development is begun:-

(a) siting; (b) design and external appearance; (c) landscaping; (d) Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

REASON - To accord with the provisions of Section 92(1) of the Town and Country Planning Act 1990.

2) A2 Outline (Implementation Time)

3) C5 Restriction of PD Rights (Residential)

4) E5 Boundary Treatment Submission

5) K5 Foul drainage

INFORMATIVE

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00496/DC

STATUTORY DECISION DATE: 28 July 2004

WARD/PARISH: BANK TOP

LOCATION: Eastbourne Nursery School, Belgrave Street, Darlington, DL1 4AP

DESCRIPTION: Change of use of nursery school to education resource offices (Class B1) to provide pupil support services and e-learning centre with ancillary training and education

APPLICANT: DIRECTOR OF DEVELOPMENT AND ENVIRONMENT

APPLICATION AND SITE DESCRIPTION

The application site is the former Eastbourne Nursery School to the east of Belgrave Street. The building is a single storey building located in it's own grounds. To the north and west of the site are residential properties, to the south and east the site abuts Eastbourne Park. The application proposes the use of the building as education offices for the Director of Education which will also provide ancillary training and service support to the education services provision of the Council.

PLANNING HISTORY

None recent relevant.

PLANNING POLICY BACKGROUND

H15 The Amenity of Residential Areas EP13 Office Development Elsewhere T24 Parking and Servicing Requirements for New Development

RESULTS OF CONSULTATION AND PUBLICITY

No objections received

PLANNING ISSUES

The only issue to be considered in the determination of this application is whether the proposed use of the buildings for office use is acceptable.

APPLICATION REFERENCE NO 04/00496/DC PAGE

The proposal provides new office space for the Pupil Support Service (8 permanent staff) from Alderman Leach School and the E Learning Centre (6 permanent staff) as such it is a relocation of existing functions provided by the Local Education Authority.

The pupil support service offers help, advice and guidance for schools, children and their families to ensure access to the most appropriate educational provision for all. Areas of responsibility include improving behaviour and attendance in schools; supporting pupils from ethnic minorities; providing support for pupils from traveller families; offering guidance and support for child protection; ensuring that children who are 'looked after' by the local authority enjoy success at school, and offering alternative provision for pupils with medical needs who are at risk of exclusion.

The E Learning Centre provides essential support for ICT and electronic learning in schools, which are important agents in raising educational standards. The centre's core business is working with schools to have a vision for E Learning, managing the ICT efficiently and ensuring that teachers, teaching assistants, senior managers and admin staff have access to needs-led professional development. In addition the E Learning teamwork support government funded strategies in ICT and E Learning.

Both Services involve a core staff located at the new offices and provide training and support in small groups as a key service.

The proposed use has a core function of general office use but will include education and training services. The use is not one which would give rise to conditions prejudicial to residential amenity, such uses being relatively benign in nature and, although the site is accessed through a residential area, the amount of vehicular traffic generated by the proposal will not be so injurious to local amenity to warrant a refusal of planning permission. The proposal is considered acceptable in terms of policy H15.

Planning policy in respect of office development outside the town centre and identified employment areas is dealt with under policy EP13, this states;

CLASS B1 OFFICE DEVELOPMENT OUTSIDE THE AREAS COVERED BY POLICY EP11 WILL BE PERMITTED WHERE IT IS WELL SERVED, OR HAS THE CLEAR POTENTIAL TO BE WELL SERVED, BY PUBLIC TRANSPORT AND INVOLVES:

1. EXTENSIONS TO EXISTING OFFICES WHICH DO NOT HAVE A MATERIAL ADVERSE IMPACT ON THEIR SURROUNDINGS; OR 2. PROPOSALS FOR OFFICES ANCILLARY TO THE MAIN USE OF THE PREMISES; OR 3. THE CHANGE OF USE OF AN EXISTING BUILDING WHERE THERE IS NO MATERIAL ADVERSE IMPACT ON THE APPEARANCE OF THE BUILDING, ON HIGHWAY SAFETY OR THE AMENITIES OF THE SURROUNDING AREA.

The application falls to be considered under the third criteria. In view of the comments above the officers are satisfied there will be no undue impact on local residential amenity by reason of the operation of the use or traffic movements. The site is located within walking distance of public transport links on Yarm Road and Neasham Road. The proposal is considered consistent with policy EP13. There is no external alteration required to the building and parking space on the site is considered satisfactory.

APPLICATION REFERENCE NO 04/00496/DC PAGE

RECOMMENDATION

PLANNING PERMISSION IS GRANTED PURSUANT TO REGULATION 3 OF THE TOWN AND COUNTRY PLANNING (GENERAL REGULATIONS) REGULATIONS 1992 SUBJECT TO THE FOLLOWING CONDITIONS;

1) A3 Implementation Limit (Five Years)

2) Prior to the commencement of the use hereby approved details shall be submitted and approved of parking for people with disabilities and secure cycle parking at the site and the approved facilities provided prior to the commencement of the use and maintained in the approved manner.

REASON - To ensure adequate provision is made on the site for parking for people with disabilities and cyclists in accordance with adopted standards.

INFORMATIVE

H15 - The Amenity of Residential Areas EP13 - Office Development Elsewhere T24 - Parking and Servicing Requirements for New Development

DARLINGTON BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE

COMMITTEE DATE: 30 June 2004 Page

APPLICATION REF. NO: 04/00578/FUL

STATUTORY DECISION DATE: 15 July 2004

WARD/PARISH: NORTH ROAD

LOCATION: 206 North Road, Darlington, DL1 2EN

DESCRIPTION: Erection of an extension within rear yard to provide office, fitting bay and storage for use in connection with existing automotive retail shop

APPLICANT: PAC HOLDINGS LTD

APPLICATION AND SITE DESCRIPTION

This application relates to the erection of an extension to the rear of this retail property, within a rear yard area, to provide an office, additional storage and a fitting bay for the fitting of children's car seats, car stereos, roof-boxes etc sold from the shop. The ground floor of the premises is an automotive retail shop (Roy Smith's) and the extension and associated facilities would serve the shop. The first floor of the property is used as a leisure activity hall and is presently used for the holding of children's parties and discos.

The proposed office element of the extension is to be located in the north-east corner of the rear yard, infilling an area between the existing retail sales area and the northern site boundary. The office element is to measure 4.7 metres wide by 4 metres deep, under a mono-pitched roof 3.1 metres in height at eaves level, increasing to 4 metres in height at its greatest point. The remainder of the extension, comprising the storage area and fitting bay is to measure 12.5 metres wide by 9.5 metres, under a mono-pitched roof 4.5 metres in height at its greatest point. The extension will take the form of a portal-frame structure under a profile sheet roof. The existing brick walls surrounding the perimeter of the site are to be re-built, slightly higher, to form the outer walls of the extension.

Vehicular access to the fitting bay will be via an existing access and covered way off Askrigg Street. The existing timber gates will be replaced with steel gates, beyond which access into the fitting bay and storage area will be through roller shutter doors.

PLANNING HISTORY

80/00100/MISC - Change of use of premises to a dancing school (retention of work already carried out). GRANTED 26 March 1980.

APPLICATION REFERENCE NO 04/00578/FUL PAGE

95/00309/MISC - Change of use of first floor storage area to form second leisure activity hall with associated facilities and change of use of ground floor storage area to office (ground floor). GRANTED 28 June 1995.

PLANNING POLICY BACKGROUND

The following policies of the Borough of Darlington Local Plan are relevant to consideration of the application:

E29 - The Setting of New Development E38 - Alterations to Business Premises H15 - The Amenity of Residential Areas.

RESULTS OF CONSULTATION AND PUBLICITY

One letter of objection has been received which raises the following concerns:

• No objection to the office and storage space. Object to the fitting bay. • Residents of Askrigg Street have difficulty parking cars outside our houses due to customers and staff of Roy Smiths. If permission is granted the volume of traffic will get worse and parking will become more difficult. • The application states that parking will not change. Where are the customers going to park if they want to use the fitting bay? • The North Road consultation is going to affect the area. • If permission is granted would apply for residents parking. • Fitting bay will create more noise as we experienced today when an in-car entertainment system was being fitted. • What will the intended hours and days of operating by for the fitting bay?

PLANNING ISSUES

The main issues to be considered in the determination of this application are:

• Planning Policy • Residential Amenity • Highway Issues

Planning Policy There are no specific policies relating to this proposal. Policy E29 (The Setting of New Development) of the Borough of Darlington Local Plan however states that new development, including alterations and extensions to existing buildings, will be required to respect the intrinsic character of the building in terms of its siting, design and materials. The existing building, which has frontages onto both North Road and Askrigg Street, is an attractive building which makes a positive contribution in streetscene terms. The rear of the property has been much altered and extended, however due to the nature of the site little of the rear of the property is visible from public vantage points. The rear of the property can be clearly seen from the residential properties which surround the site.

APPLICATION REFERENCE NO 04/00578/FUL PAGE

In the context of the rear of the building, and being relatively well screened from North Road and Askrigg Street, the proposed extension is considered to be acceptable in visual terms and thereby complies with Policy E29.

Residential Amenity Policy H15 (Amenity of Residential Areas) states that permission will not be granted for the establishment, enlargements or material intensification of non-residential uses which would unacceptably conflict with the amenities of surrounding areas having a predominantly residential character or with the quiet enjoyment of dwellings and gardens in particular. The application property, although an established automotive retail shop, is bounded to its northern and eastern side, by residential properties.

The extension itself has been designed so as to minimise its impact upon the amenities of the surrounding residential properties. In particular, the roof of the office element of the extension, which is to be sited close to the boundary of 210 North Road to the north, has been designed to slope away from the common boundary. While the boundary wall is to be raised by some 0.8 metres, it is not considered that this will have an adverse impact on the amenities of this property in terms of loss of light or overbearing impact. Light to the rear of the property is already restricted to a degree by a large, detached garage within the rear garden area of this property. Neither the proposed increase in the east boundary wall, nor the extension, are considered to adversely impact upon the amenities of the properties to the east due to the orientation of these properties and the 5 metre separation distance between the proposed extension and the east boundaries of these properties. Any loss of light as a consequence of the proposed extension will be limited to late afternoon sun to the lower garden area of these properties.

While it is acknowledged that neither the office, nor the storage element of the proposed extension are likely to impact unduly upon the amenities of the surrounding properties, the fitting bay, which is to be used for the fitting of car stereos, roof boxes, car seats etc., could potentially result in an increase in noise and disturbance to these properties. The fitting facility is presently offered to customers and takes place predominantly within the open rear yard, and occasionally on the street. The provision of a sound-proofed building, specifically for this facility should ensure that any noise and disturbance is enclosed within the building, thereby minimising impact on adjacent properties. The applicant has been requested to provide information regarding the exact nature of the use, any tools or equipment to be used and intended hours of operation and Members will be updated on this information at the meeting. The Environmental Health Officers comments will also be reported verbally at the Meeting.

Highway Issues The objection regarding an increase in traffic associated with the site is noted, however the Highway Engineer has raised no highway objection to the proposal.

RECOMMENDATION

THAT PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1) A3 Implementation Limit (Five Years)

2) B4 Details of Materials (Samples)

APPLICATION REFERENCE NO 04/00578/FUL PAGE

3) B5 Detailed Drawings (Accordance with Plan)

4) The premises shall be used only for office, storage area and fitting bay in association with the automotive retail shop as set out in the letter received dated and for no other purpose (including any other purpose in Classes B1, B2 or B8; of the schedule to the Town and Country Planning (Use Classes) Order 1987 or any Order revoking or re- enacting that Order).

REASON - The Local Planning Authority is satisfied that the use hereby approved would not result in detriment to adjoining properties but would wish to control future changes of use within the same class in the interests of amenity.

5) C20 Vehicle Repairs (Restriction)

6) D16 Sound Insulation (Non-residential)

INFORMATIVE

E29 - The Setting of New Development E38 - Alterations to Business Premises H15 - The Amenity of Residential Areas.