Durham County Cricket Club, Riverside, Chester Le Street PDF

Planning Services COMMITTEE REPORT

APPLICATION DETAILS

APPLICATION NO: 2/10/00074/COU

Variation of condition 4 of planning approval 08/00488/FUL (erection of new stands, scoreboards, replay screen, function suite, and associated works including erection of 149 bed hotel (outline) to include changes to visual appearance of south west stand and FULL APPLICATION DESCRIPTION : to allow erection of electricity substation adjacent gate no. 1 and amendment to section 106 agreement removing the requirement to undertake a survey of existing linkages between the application site and Chester-le-Street Town Centre and the implementation of a scheme of measures to improve these linkages) (amended 31/3/11) (part retrospective)

NAME OF APPLICANT : Mr Richard Dowson

Durham County Cricket Club, Riverside, Chester -le- ADDRESS : Street, Durham, DH3 3QR

ELECTORAL DIVISION : Chester North and East

Steven Pilkington, Planning Officer CASE OFFICER : 0191 3872145 [email protected] DESCRIPTION OF THE SITE AND PROPOSALS

1. The application site is located to the south east of Chester-le-Street Town Centre adjacent the banks of the River Wear. The site consists of an existing leisure facility compromising a cricket ground, gym, conferencing facilities and training fields. The application site is located outside the defined settlement limits of Chester-le-Street and is adjacent the boundary of the North Durham Green Belt, which is defined by the River Weir. The site is however located within an Area of High Landscape Value.

2. This planning application seeks to vary a partly implemented planning permission for the erection of new stands, scoreboards, replay screen, function suite, and associated works including erection of 149 bed hotel (outline) to allow changes to the visual appearance of south west stand and to allow erection of electricity substation adjacent gate no. 1. Part of this work has been commenced and therefore this application is partly retrospective.

3. As part of this application the applicant also seeks approval to remove clause 1.10 of schedule 2 of the section 106 agreement that applies to the development of the stands, hotel and function suite approved in 2009. This clause requires the club to undertake a survey of existing linkages between the application site and Chester-le-Street Town Centre and to implement the findings of this report to improve these linkages.

4. This application is reported to committee as it falls within the definition of a large- scale major development.

PLANNING HISTORY

5. The application site has the benefit of a number of different planning permissions dating back to 1990 allowing the development of the cricket club, including the erection of stands and the gym. The most notable recent application was for the erection and extension of stands including new gateway building, hotel (outline) and function suite. This application was approved by the former Chester-le-Street District Council in March 2009

PLANNING POLICY

6. NATIONAL POLICY :

Planning Policy Statement 1 : (PPS1) Delivering Sustainable Development sets out the Government’s overarching planning policies on the delivery of sustainable development through the planning system.

Planning Policy Guidance Note 2: (PPG2) Green Belts. Sets out the Government’s approach to development in and adjacent to the Green Belt. It advises that the openness of the Green Belt can be affected from development outside the Green Belt but nevertheless visible from the Green Belt.

Planning Policy Statement 4: (PPS 4). Planning for Sustainable Economic Growth. This guidance states that the Government’s overarching objective is sustainable economic growth by improving economic performance of cities, towns and local centres in a sustainable manner.

Planning Policy Statement 5: (PPS5) Planning for the Historic Environment. Sets out the Government’s overarching strategy to preserve historic environments. With particular reference to the need to ensure that developments protect the setting of listed buildings.

Planning Policy Statement 9: (PPS9) Biodiversity and Geodiversity. Seeks to deliver the Government’s Biodiversity and Geological Conservation policy. This is achieved through promoting, conserving, enhancing and restoring the diversity of England’s wildlife and ecology. The PPS advises that Local Planning Authorities should be fully aware of the potential implications of new development proposals on protected species.

Planning Policy Guidance Note 13: (PPG13) Transport. This PPG’s objectives are to integrate planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices. It also aims to promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling and to reduce the need to travel, especially by car.

Planning Policy Guidance Note 17: (PPG17) Sport and Recreation sets out the Government’s objectives in the provision of recreation, sporting facilities and open space. The guidance sets out that Local Authorities should whenever possible look favourably upon proposals that provide for enhanced opportunities and sporting provision within communities

Planning Policy Statement 24: (PPG24) Noise, guides local authorities in England on the use of their planning powers to minimise the adverse impact of noise. It outlines the considerations to be taken into account in determining planning applications both for noise- sensitive developments and for those activities which generate noise.

Planning Policy Statement 25: (PPS25) Flood Risk. Sets out the Government’s planning approach to reducing and managing flood risk. The document advises a presumption against development in the flood zones and development allowed in such areas will have to meet the sequential and exception tests.

7. REGIONAL POLICY :

The North East of England Plan - Regional Spatial Strategy to 2021 (RSS) July 2008, sets out the broad spatial development strategy for the North East region for the period 2004 to 2021. The RSS sets out the region's housing provision and the priorities in economic development, retail growth, transport investment, the environment, minerals and waste treatment and disposal. Some policies have an end date of 2021 but the overall vision, strategy, and general policies will guide development over a longer timescale.

In July 2010 the Local Government Secretary signalled his intention to revoke Regional Spatial Strategies with immediate effect, and that this was to be treated as a material consideration in subsequent planning decisions. This was successfully challenged in the High Court in November 2010, thus for the moment reinstating the RSS. However, it remains the Government’s intention to abolish Regional Spatial Strategies when the forthcoming Local Government Bill becomes law, and weight can now be attached to this intention. The following policies are considered relevant:

Policy 1: North-east Renaissance seeks to deliver sustainable and inclusive economic prosperity and growth, and sustainable communities, capitalising on the Region’s diverse natural and built environments, heritage and culture.

Policy 2: Sustainable Development sets out a series of environmental objectives, social objectives and economic objectives to address climate change issues.

Policy 4: Sequential Approach to Development requires a sequential approach to development giving priority to previously developed sites in sustainable locations.

Policy 7: Connectivity and Accessibility seeks to reduce the impact of travel demand by promoting public transport, travel plans, cycling and walking, and making the best use of existing resources and infrastructure.

Policy 8: Protecting and Enhancing the Environment seeks to promote measures such as high quality design in all development and redevelopment and promoting development that is sympathetic to its surroundings

Policy 11: Rural Areas proposals should support development of a vibrant rural economy whilst protecting the Region’s environmental assets from inappropriate development.

Policy 16: Culture and Tourism sets out that proposals should promote culture and tourism, including provision for sport and leisure and the resources which support these, whether in an urban or rural setting.

Policy 24: Delivering Sustainable Communities requires that all development within the Region should be designed and located to deliver sustainable communities. Proposals should assess the suitability of land for development and the contribution that can be made by design in relation to 16 detailed criteria, including concentrating development in urban locations, reducing need to travel, proximity to infrastructure, health and well-being, biodiversity and crime prevention/community safety.

Policy 25 Urban and Rural Centre Identifies that additional town centre developments in existing designated areas should be consistent with their scale and function in order to maintain and enhance their health and vitality.

Policy 31 Landscape Character requires that planning proposals should sustain nationally, regionally and locally valued landscapes.

Policy 33 Biodiversity and Geodiversity sets out that proposals should ensure that the Region’s resources are protected and enhanced to return key resources to viable levels.

Policy 35: Flood Risk seeks to reduce flood risk; including risk generated by increased surface water run off rates while setting out a sequential risk based approach to the location of development.

Policy 38 Sustainable Construction sets out to encourage sustainable design of new buildings and facilitate the generation of at least 10% of the Region‘s consumption of electricity from renewable sources

Policy 54. Parking and Travel Plans requires that planning proposals should seek to minimise parking for non-residential development linked to co-ordinated proposals for public transport and accessibility improvements and demand management, producing travel plans where necessary.

8. LOCAL PLAN POLICY : (Saved policies of the Chester-le-Street Local Plan)

Policy NE2: Development beyond settlement boundaries . Sets out that development proposals outside the defined limits of development will be strictly controlled and developments are required to protect or enhance the character of the countryside

Policy NE6: Development affecting the visual amenity of the Green Belt. Sets out that development conspicuous from the green belt will not be granted where it is considered that due to it is scale, siting or design is detrimental to the visual amenity of the Green Belt.

Policy NE15: Areas of High Landscape Value . Identifies that the authority will give will give special attention to maintaining and enhancing the landscape character by ensuring that developments are of a high standard of design and do not detract from the high landscape quality.

Policy BE2: Public Art. Requires that where developments cost more than £500,000 or more the Authority require developers to devote 1% of the costs to the provision of art in new building and landscaping projects to the general or client public.

Policy RL3: Protection of Sport and Recreation Facilities. Sets out that development which would result in the loss of any sport facility will not be allowed unless the development is for new and improved facilities or a suitable alternative provision is provided for.

Policy RL8: Riverside: Cultural and leisure facilities. Identifies that cultural and leisure facilities will be permitted provided that no buildings are approved within 120m north or south or Ropery Lane and no buildings other than lighting will be approved within 120m of Ropery Lane.

Policy R1: Major retail development and other key town centre functions. Sets out thate key town centre functions should be located within the Town Centre unless demonstrated otherwise and then developments should be assessed on a sequential basis.

Policy T15: Access and safety considerations in design . Identifies that development proposals should provide a safe access to the site, should not create levels of traffic which would exceed the capacity of the local road network while providing safe movement for pedestrians.

Policy T17: General Transport Policy. Sets out that all new developments should have regard to and be consistent with the provision of a safe and accessible transport network by reducing the reliance on the private car, and encouraging cycling and walking as an effective means of transport.

The above represents a summary of those policies considered most relevant in the Development Plan; the full text, criteria, and justifications of each may be accessed at www.durham.gov.uk/planning CONSULTATION AND PUBLICITY RESPONSES

9. STATUTORY RESPONSES :

Environment Agency – Following amended plans no objections are raised subject to the finished floor area of the substation being no lower than 11.600mAOD.

County Highways Authority – No Objections

Sport England – No objections

Natural England – No Objections providing conditions of original application are carried forward

English Heritage – No Objections

10. INTERNAL CONSULTEE RESPONSES :

Environmental Health – No objections

Design and Conservation– No objections.

NEDL – No objections raised

Northumbria Water – No objections 11. PUBLIC RESPONSES : The application has been advertised by way of individual letters to neighbouring properties by site notice and by press notice. In total one letter of objection has been received with no specific objections raised.

12. APPLICANT ’S STATEMENT : The proposed development is a result of minor amendments to the operation layout of the south west stand and does not have a significant impact on the overall appearance or functioning of the development .

In relation to the amendment to the section 106 agreement, it is felt that the completion and implementation of a survey to improve links between the town centre is too vague and could be potentially very costly. Given the other mitigation measures in place and other planning approvals, it is considered that the development would not have a significant increase in the number of car trips to the site when fully operational.

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at the Chester-le-Street Area Office PLANNING CONSIDERATIONS AND ASSESSMENT

13. Planning permission is sought to vary the approved plans of planning application 08/00488/FUL through the submission of a section 73 application. In the determination of this type of application the Local Authority must have due regard to the development plan and other material considerations. However, as set out Circular 11/95, the original permission will continue to subsist whatever the outcome of the sec. 73 application and the authority can only consider the matter of the variation of condition.

The Principle of the Development

14. The principle and need for the development were assessed and established under the extant planning permission. In summary it was considered that, although the development site is located outside the limits of development for Chester-le-Street, Policy RL8 of the Chester-le-Street Local Plan sets out a presumption that proposals for the development of land at the Riverside will only be permitted for cultural and leisure facilities.

The majority of the core cricket related development including the stadium extensions, scoreboard, TV replay screen etc fell within the accepted definition of leisure facilities as permitted by policy RL8. However, the development in its entirety did not accord with the aims of development plan policies, primarily due to the outline hotel element. As such the application was treated (including by way of statutory advertisement) as a departure from the aims of adopted development plan policy.

The relevant legislation requires that planning applications shall be determined in accordance with the development plan, unless the decision maker considers that there are material planning considerations raised by a particular proposal which justify a different course of action. In this instance the applicants, through the submission of various professional reports, presented a case of justification relating to:-

The concept of the commercial departure elements of the application being presented as a form of enabling development, designed to render the core cricket related elements of the package financially viable. The carrying out of appropriate based tests to consider issues of need and thereafter sequential testing for the commercial ‘departure’ elements. The presenting of material planning considerations, based around strong positive socio- economic factors in support of the development.

Following full assessment of the issues members of the Planning Committee accepted that the development would accrue significant positive benefits to the local and regional economy. Overall it was considered that the cricket club presented a number of robust material considerations to support the principle of the development as a justified departure from the aims of the Development Plan.

Turning to this section 73 application and considering the matter of the variation of the condition, it is considered that the proposed substation and visual alterations to the southwest stand are acceptable in the context of the original planning permission and when assessed against Development Plan policies. Although a substation is not classed as a leisure facility it is directly linked to the provision and maintenance of the existing facilities. Overall it is considered it that these proposed changes to the scheme do not materially alter the presumption in favour of a development of this nature at the site. Further assessments of the potential impacts of the development are set out below.

Design / Impact on the Setting of Lumley Castle

15. In the original application it was considered that one of the key issues related to the development was the quality of the design and particularly its impact on the setting of Lumley Castle, a Grade I Listed Building. In addition to this PPG 2 requires development to protect the openness of the Green Belt. This is supported by Policy NE 6 of the Local Plan, which seeks to prevent development that may be harmful to the visual amenity of the Green Belt, including developments that are located outside but are visible from within the Green Belt. Furthermore the site is located with an area of High Landscape Value; the protection of the landscape value of this area is of particular importance as set out in policy NE15 of the Local Plan.

In considering the impact of the scheme of works in the original application the view was taken that both the scale and appearance of development was appropriate. The gateway building was designed deliberately large to provide a strong announcement to people entering the approach to the venue. The modern curved, glazed design, together with incorporation of a green roof also helps provide for a building of some considerable interest and presence in the street scene.

On a similar theme it was considered that the principle of the proposed hotel was also considered to be acceptable on general design grounds. Whilst the precise external appearance of this part of the development is reserved for future consideration the details which were submitted of footprint and scale / massing enabled officers to conclude that this element of the scheme would not, as a matter of principle, be harmful to the character of the area.

In relation to this Section 73 application, the proposed changes from the approved scheme include alterations to the design of the south west infill stand to provide an additional tower style feature and the provision of a small gable feature in the roof of the front elevation. These alterations are to facilitate an internal lift and mechanical plant. In addition to these design changes a small sub station is proposed.

In assessing the design of these changes and the suitability of the proposed substation in the context of the approved development and against relevant polices it is considered the alterations have a positive impact on the design of the overall proposal. This is because the alterations to the stand would replicate the existing ridge heights of existing developments and therefore do not increase the mass or prominence of the building. The sub station is also proposed to be located against an existing 2m high boundary wall, again reducing its prominence.

This view is shared by the Council’s Design Officer and English Heritage who offer no objections to the scheme in particular with reference to the setting of Lumley Castle.

Overall it is considered that the amendments to the scheme do not impact on the character and openness of the adjacent Green Belt, area of High Landscape Value or the setting of Lumley Castle.

Ecology

16. Planning Policy Statement 9, Biodiversity, sets out the Government’s aim that the planning system should seek to take into account the presence of protected species within a development site as a material planning consideration. This advice is also implemented by Policy 33 of the RSS.

In terms of the current section 73 planning application, it is considered that the modest design changes do not impact on biodiversity interests, accordingly Natural England offer no objections to the scheme, subject to the imposition of the conditions of the previous application.

Impact on Residential amenity

17. In the determination of the original application the applicant submitted an acoustic report; following consideration of this the Council’s Environmental Health Team recommended conditions to limit construction times and also to require the submission of a construction methodology; to ensure that any potentially noisy operations are fully controlled and mitigated. It is recommended that these conditions are also included on this new planning approval.

Public Artwork

18. Policy BE 2 of the Local Plan (Public Artwork) requires 1% of development costs to be contributed for the provision of public artwork. Accordingly the applicant previously entered into a s106 agreement to provide a contribution of £50,000 for the provision of public art in the area. Accordingly a new S106 agreement has been submitted linking the requirement to provide public artwork to this new application.

Although no definitive site has yet been identified to which these funds could be attributed, it is proposed that they are set aside for use within the Riverside area. The trigger for this £50,000 payment is 36 months from the commencement of the development (payment due approximately April 2013).

Highway Safety and Parking Issues / Sustainable Travel

19. One of the key methods of delivering the aim of sustainable development is to ensure that large scale visitor attractions are well served by a variety of travel options in addition to the private car. This advice is set out in PPG 13, the RSS and is also detailed in polices T15 and T17 of the Local Plan.

In the determination of the original planning permission it was accepted that the Riverside venue provides a relatively poor sustainable transport offer. Whilst some bus services do exist along Ropery Lane to the north of the site there are no other readily available means of access to the site via any other method than the private car. In particular there were no measures, through either planning conditions or s106 Agreements, attached to any of the earlier grants of planning permission for development at the site.

The original planning application has provided the opportunity for both the applicants and officers to seek to address the balance in relation to sustainable transport. Whilst bearing in mind the venue has a lawful planning permission to attract 16,000 visitors to the site, officers negotiated a commitment to implement the following measures for future events in excess of the 16,000 figure through a Section 106 agreement:

• Appointment of a Travel Plan Co-ordinator (prior to bringing the development into use) • The carrying out of an annual travel survey; with results informing annual reviews of the agreed travel plan • Implementation of a park and ride facility (minimum 1,000 spaces); details of which to be agreed • Implementation of a park and stride facility (minimum 500 spaces) details of which to be agreed • Provision of a shuttle bus service between Durham Railway Station and Riverside before and after major events • Implementation of pricing mechanisms to ensure cost of parking at venue is financially disadvantageous compared to other options • The club to be obligated to provide a commuted sum to pay for signage improvements between the venue and Chester-le-Street Town Centre (£3,000) • The club to be obligated to undertaking annual publicity in regard to travel options other than the private car to the venue

The view was taken that, subject to these measures, the development would be acceptable in terms of delivering a significant shift away from the present vehicle reliance spectators have. It is estimated these measures would provide for an appropriate reduction of some 1,500 to 2,000 vehicles accessing the venue on major event days. This view was shared by the County Council as Highways Authority and the Highways Agency.

However, in considering the original planning application, members of the former Chester-le- Street District Council requested that an additional clause be inserted into the draft section 106 agreement. This clause included the requirement to undertake a survey of existing linkages between the site and the Town Centre and thereafter implement a scheme of measures to improve such linkages. The agreement was duly amended and completed by the applicant to allow the development to progress.

As set out above this application in part seeks to remove this clause. The Club feesl that this requirement is particularly vague and could lead to substantial unknown costs. In considering the suitability of the removal of this clause officers have had regard to the substantial level of objections on highway grounds to the previous application and the history of conflict between the users of the cricket club and local residents in terms of car parking. However, on balance officers are of the opinion that this requirement is particularly open- ended and does not satisfy the tests of Planning Circular 05/05 – Planning Obligations. This is partially due to the potential costs and scale of works associated with improving linkages over land outside the applicant’s control. It is also considered that on balance the other mitigation measures secured will lead to a situation whereby the number of private cars attracted to the venue and surrounding areas will not materially increase.

Overall members are recommended to accept this amendment to the section 106 agreement.

Flood Risk and Surface Water Issues

20. PPS 25 provides for a presumption that new development should minimise flood risk. This is achieved primarily by seeking to direct new development away from known flood zones. This advice is implemented in the development plan by Policy 35 of the RSS.

Large areas of the Riverside Ground are located in a fluvial flood zone from the nearby River Wear. In particular the proposed Gateway Building and hotel are located in flood zone 3. This is classed as an area with a high risk of flooding. Under PPS 25 advice, in order for development to be permissible in such an area it must meet the sequential and exception tests. The Flood Risk Assessment submitted by the applicants as part of the original application sought to justify the proposed development applying these two PPS 25 tests.

In regard to the Sequential Test issue it was deemed that the cricket club successfully demonstrated a case for the hotel and gateway coming forward as a form of enabling development, to help facilitate a viable business plan at the ground and to help maintain major cricketing events at the ground. In this respect it was considered that the cricket club had presented a strong case to justify the location of the hotel and gateway in their chosen position, in doing so providing strong operational reasons why they could not be located in other, sequentially preferable sites within the ground.

In relation to the Exceptions Test this was satisfied given the acceptance of the wider sustainability benefits - a site comprising previously developed land and the design process leading to a safe development scheme.

Overall, having regard the Sequential and Exceptions Test, particularly to the submitted mitigation measures proposed, it was considered that the requirements of PPS 25 had been met and that an appropriate case had been presented to justify development in a known flood zone. This was also the view of the Environment Agency.

Turning back to this section 73 application, it is considered that the minor design changes do not impact on the flood mitigation measures proposed or risk assessment; however it is proposed to erect a substation still within the flood zone. Accordingly, in order to ensure this remains operational in a flooding event, the Environment Agency have requested a condition requiring the finished floor level of the sub station to be set no lower than 11.600 mAOD. This condition has been detailed below along with the mitigation measures attached to the original application.

Trees

21. The footprint of the proposed gateway building will spill out onto the present public open space area along the entrance into the ground. In doing so this will require the loss of some of the present trees. However, it was deemed in the original application that while these trees are of aesthetic value they are not mature, specimen trees, therefore it was considered that their removal was justified as part of the benefits accrued by the overall development. An additional condition was however attached requiring the planting of replacement trees to help mitigate the loss of the existing ones; it is recommended that this be replicated on the new consent.

The proposed sub station will involve the loss of minimal landscaping and vegetation and therefore will not have a significant impact on the character of the area, particularly when considering the wider benefits of the scheme.

Sustainable Construction

22. In line with the original planning permission and to accord with policy 38 of the RSS it is recommended to attach conditions to ensure 10% renewable energy generation for the development and also to require the construction methodology to be compliant with BREEAM ‘very good’ standards. However this has been reworded on the advice of the Sustainability Officer to allow a more effective, flexible scheme of sustainable construction.

CONCLUSION 23 The proposed variation has been considered against the policies identified above. It is considered that the proposal conforms to these documents as it is considered that the proposed changes to the approved scheme do not impact on the principle of development, design issues, impact on the amenities of neighbouring residents or ecological interests while maintaining highway safety and promoting a sustainable development

There are no new material considerations which indicate a decision should be otherwise and therefore the application is recommended for approval.

RECOMMENDATION

That the application be APPROVED subject to the following conditions and that the section 106 agreement accompanying planning permission 2/08/488 be MODIFIED by removing the requirement to undertake a survey of existing linkages between the application site and Chester-le-Street Town Centre and the implementation of a scheme of measures to improve these linkages

Time Limit 1. Application for approval of reserved matters for the hotel element of the scheme shall be made to the Local Planning Authority before the 12 th March 2013 and the development must be begun not later than the expiration of two years from the final approval of the reserved matters, or in the case of approval on different dates, the date of approval of the last of the reserved matters to be approved.

Reason: In order to prevent the accumulation of unused planning permissions and to accord with the time limit of consent 08/00488/FUL as required by Section 91 of the Town and Country Planning Act 1990 (as amended).

Reserved Matters 2. Approval of the details of appearance and landscaping of the hotel (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority before the hotel development is commenced.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

Approved Plans 3. The development hereby approved shall be carried out wholly in accordance with the details contained in the application as submitted to the Council on the date specified in Part 1 of this decision notice

Reason - To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policies NE6, NE2, NE15, RL8, BE2, R1, T15 and T17 of the Chester-le-Street District Local Plan.

External Lighting 4. Notwithstanding the details contained in the application hereby approved details of any external lighting to the proposed development and the details of the internal lighting to the proposed hotel facility shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter the development shall be carried out in accordance with the agreed scheme and any proposed changes to the agreed scheme shall first be submitted to and agreed in writing with the Local Planning Authority.

Reason:- In order to ensure the development does not harm ecological interests in the locality, and respects the character of the surrounding area and to accord with the aims of Planning Policy Statement 9, and RSS policy 33.

Sustainable Construction 5. Prior to the commencement of the development a scheme to minimise energy consumption shall be submitted to and approved in writing by the Local planning authority. The scheme shall consist of energy from renewable or low carbon sources provided on-site, to a minimum level of at least 10% of the total energy demand from the development, or an equivalent scheme that minimises carbon emissions to an equal level through energy efficiency measures. Thereafter the development shall be carried out in complete accordance with the approved scheme prior to first occupation and retained so in perpetuity.

Reason - In the interests of sustainable construction and energy generation to comply with the aims of the Regional Spatial Strategy North East Policy 38 and Planning Policy Statements 1, 3 and 22.

Materials 6. Notwithstanding any description of the materials in the application, no development of the hotel and gateway elements of the development shall be commenced until samples or precise details of the materials to be used in the construction of the external walls and / or roofs of the building(s) and the hard standing areas have been submitted to, and approved in writing by, the Local Planning Authority

Reason: In order to ensure the satisfactory appearance of the development upon completion, in the interests of visual amenity and in accordance with the provisions of Polices NE2, NE6 and NE15 of the Chester-le-Street Local Plan and Policy 8 of the RSS.

Landscaping 7. Notwithstanding any information submitted, the development hereby approved shall be carried out in accordance with a scheme of landscaping to be submitted to, and approved in writing by, the Local Planning Authority in accordance with a timescale to be agreed in writing and which scheme may provide for the planting of trees and / or shrubs (including species, sizes, numbers and densities), the provision of screen fences or walls, the movement of earth, the formation of banks or slopes, the seeding of land with grass, or other works for improving the appearance of the development. The works agreed to shall be carried out within the first planting season following completion of development of the site (or of that phase of development in the case of phased development) and shall thereafter be maintained for a period of 5 yrs following planting.

Construction Hours 8. No operations associated with the construction phase of the development hereby approved shall be carried out outside the hours of:

Monday to Friday - 0800 to 1800 Saturdays - 0800 to 1300 Sundays - None Bank Holidays – None

Reason - In the interests of residential amenity and the avoidance of any potential disturbance or disruption to adjoining residents which may have arisen though working outside these hours, in order to protect the amenities of local residents and to accord with the aims of Policy 8 of the RSS and Planning Policy Statement 24

Construction Methodology 9. Prior to works commencing on the hotel and gateway buildings, a construction methodology to include all potentially noisy operations and details of plant and heavy equipment shall be submitted to and agreed in writing with the Local Planning Authority and implemented on site in accordance with this agreement for the duration of the building works

Reason: in order to protect the amenities of local residents and to accord with the aims of Policy 8 of the RSS.

Ground Clearance Works 10. No development associated with ground clearance works shall be carried out between the months of March and August, unless otherwise first agreed in writing with the Local Planning Authority;

Reason - In order to protect ecological resources and to accord with the aims of Planning Policy Statement Nine and Policy 33 of the RSS.

Flooding 11. The Development shall be carried out entirely in accordance with the approved plans, in particular the following elements:

1. The ground floor of the hotel must be set no lower than 11.96 mAOD. 2. The ground floor of the gateway building must be set no lower than 11.60 mAOD. 3. The gateway building must be constructed so as to be flood resilient up to a minimum level of 11.96 mAOD 4. The raised walkway between the hotel and new stand must be set no lower than 15.30 mAOD. 5. The finished floor level of the south substation should be set no lower than 11.60mAOD

Reason - To prevent flood risk in the locality and to accord with the aims of Planning Policy Statement 25 and RSS Policy 35.

Water Discharge 12. Details of a surface water discharge scheme to ensure discharges to the River Wear must be attenuated to no greater than 255 l/s. shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of the development. Thereafter the development shall be carried out in accordance with the approved details.

Reason - To prevent flood risk in the locality and to accord with the aims of Planning Policy Statement 25 and RSS Policy 35.

Flooding 13. The hotel and gateway development hereby permitted shall not be commenced until such time as an evacuation plan including full details of the following have been submitted to, and approved in writing by, the local planning authority:

1. Route 2. Signage 3. Procedure 4. Raised walkway 5. Car park operation details 6. Maintenance of evacuation plan details

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed in writing by the Local Planning Authority.

Reason - To prevent public safety/flood risk concerns arising and to accord with the aims of Planning Policy Statement 25 and RSS Policy 35.

Flooding 14. The hotel and gateway development hereby permitted shall not be commenced until such time as a scheme detailing the operation of the floodgates outlined in Paragraph 9.2.7 of the FRA, has been submitted to and approved in writing by the Local Planning Authority. The floodgates must be designed to prevent flow into the development up to the 30 year flood event. Once this return period is exceeded the floodgates should be utilised to allow the drainage of the site. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme.