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19 November 2008 Page APPLICATION REF. NO: 08/00703

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19 November 2008 Page APPLICATION REF. NO: 08/00703 DARLINGTON BOROUGH COUNCIL PLANNING APPLICATIONS COMMITTEE COMMITTEE DATE: 19 November 2008 Page APPLICATION REF. NO: 08/00703/FUL STATUTORY DECISION DATE: 2 December 2008 WARD/PARISH: MIDDLETON ST GEORGE LOCATION: Proposed Business Park, Durham Tees Valley Airport, Middleton St George, Darlington DESCRIPTION: Office development comprising 11 No. Units, car parking, access and associated landscaping APPLICANT: SVEN INVESTMENTS APPLICATION AND SITE DESCRIPTION The application site, which measures some 4.15 hectares in area, is situated on the northeastern edge of the Durham Tees Valley Airport complex. It is bounded to the north by the Darlington to Saltburn branch railway line beyond which is the A67 trunk road.Middleton St George hospital adjoins the site to the west and to the east and south lies the aerodrome. The site is occupied by a partially constructed hotel/leisure complex including the skeletal framework of a former hanger, which dominates the site. Work on the development stopped some years ago. Building materials and rubble are scattered around the site, which is essentially flat. There is small group of willow trees on the site, which are of no visual significance. A number of ponded areas are located around the site. This is a detailed application for the 14,560 sq m of office space in eleven separate two storey blocks of either 1,120 sq m.or 2,240 sq m. Each block can be sub-divided to form individual office suites ranging in size from 50 sq m. to 2,000 sq m. All the units are located close to the site boundaries, surrounding a single parking area with 424 spaces. PAGE APPLICATION REFERENCE NO 08/00703/FUL The scheme also includes for the provision of wildlife ponds and other wildlife habitat areas within the site. Extensive tree planting is to be provided along the northern site boundary alongside the railway line, with additional tree planting around the remaining boundaries and within the site, although no specific planting details have been submitted with the application. Access to the site would be via a link road on the western boundary, which connects to one of the main airport access roads. The proposals also include the provision of free on demand minibus linking the site with the existing bus network on the airport, terminal building and Dinsdale railway station. The following supporting documents are submitted with the application: - • Design and Access Statement • Planning Statement • Transport Assessment • Travel Plan • Flood Risk Assessment • Ecology Report The development is one that falls within the thresholds set out in Schedule II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI/1999/293) (the “1999 Regulations). As required by the 1999 Regulations, the Local Planning Authority is required to adopt a formal opinion as to whether an Environmental Impact Assessment (EIA) is required for the development. This process has been undertaken and, having taken into account the criteria set out in Schedule 3 to the 1999 Regulations, the LPA has determined that the proposal does not constitute EIA development. PLANNING HISTORY The application site has an extensive planning history. Only the most recent and relevant entries in the planning register are included below: - 97/598 - Planning permission was granted in June 1998 for the redevelopment of the existing "Top Spin" tennis centre and conference facilities together with 128 bedroom hotel, parking and associated supporting facilities. 98/509 - Modification to the design and size of the leisure building was approved in September 1998. PAGE APPLICATION REFERENCE NO 08/00703/FUL 99/716 - A variation of planning permission 97/598 was granted in December 1999 to revise the proposed hotel from two, two storey buildings to a single three storey building. 08/113 – In February 2008, a similar application to the current proposal, for office development was submitted. This was subsequently withdrawn in April 2008. PLANNING POLICY BACKGROUND Relevant Planning Policy The starting point for considering the proposal is the statutory development plan. The relevant parts in respect of the proposed development are as follows:- The North East of England Plan Regional Spatial Strategy to 2021 2 – Sustainable Development 4 – The Sequential Approach to Development 7 - Connectivity and Accessibility 12 -Sustainable Economic Development 19 -Office Development Outside of City and Town Centres 21 -Airports 24 –Delivering Sustainable Communites 33 –Biodiversity & Geodiversity 34 -The Aquatic and Marine Environment 35 -Flood Risk 38- Sustainable Construction 39 –Renewable Energy Generation 54- Parking and Travel Plans Borough of Darlington Local Plan (1997, with alterations 2001) E2 - Development Limits E12-Trees and Development E14 -Landscaping of Development E16 -Appearance From Main Travel Routes E23 -Nature and Development E29 -The Setting of New Development E46 -Safety and Security EP9 -Teesside Airport Employment Land - North T12 -New Development-Road Capacity T13 -New Development-Standards T24 -Parking and Servicing Requirements for New Development T31 -New Development and Public Transport PAGE APPLICATION REFERENCE NO 08/00703/FUL T52 -Drainage Infrastructure Government Planning Policies PPG4 - Industrial, Commercial Development and Small firms (1992) PPS6 - Planning For Town Centres (2005) PPS9 - Biodiversity and Geological Conservation PPG13 - Transport (2001) PPS25 - Development and Flood Risk RESULTS OF CONSULTATION AND PUBLICITY Middleton St George Parish Council has made the following comments:- “We feel strongly that DVTA are not going to stop developing in this area for some years to come, along with a maximum in air activity as is possible. Therefore we do not consider it unreasonable to use a Section 106 to supply Darlington Borough Council Health Offices with the most up-to-date equipment in order to monitor accurate reading of the air quality in the very built up area, from both aeroplane and traffic pollution.” Campaign to Protect Rural England has raised the following issues: - • The use of the units should be restricted to ones that are required for activities related to the airport. • There is concern the businesses within the development will produce increased traffic on local rural roads which are currently under strain. North East Assembly has made the following comments: - “There are some concerns regarding the principle of the proposed development. Taking into account the provisions of RSS policy 21 and the supporting text, the Council should be satisfied that the scheme is and remains genuinely ancillary to the airport, and that this is controlled carefully through planning conditions. In ensuring this is the case, the Council should be satisfied that the relationship to the airport business is justified, and of an appropriate scale to its core business. In addition the proposal needs to incorporate measures to achieve at least 10% of the development’s energy supply from decentralised and renewable or low carbon sources unless the Local Authority are satisfied that this is not feasible or viable in line with RSS policy 38.” PAGE APPLICATION REFERENCE NO 08/00703/FUL One North East has remarked as follows: - • It is understood that the application site is allocated for employment use relating to development that requires a location at or adjacent to an airport in the Darlington Local Plan (1997), and that this policy has been "saved". • As you are no doubt aware, One North East and Tees Valley Regeneration are working with Peel Holdings Plc to realise the future expansion of Durham Tees Valley Airport, one of Tees Valley Regeneration and the Agency’s five strategic regeneration sites in Tees Valley, via a Joint Venture. • I can confirm that One North East has no objections to the application. In assessing the application the Agency would however, urge the Local Planning Authority to be mindful of the established regeneration objectives at the Airport. • The Regional Economic Strategy promotes the need for quality of place within existing and proposed development. With this in mind, the Agency welcomes the applicant’s aspiration towards achieving a "Very Good" BREEAM rating. • In line with the Government objectives to generate 10% of electricity from renewable energy sources by 2010 the application details regarding the provision of renewable energy measures within the scheme should also be provided. Tees Valley Regeneration has commented as follows: - “The recently issued Regional Spatial Strategy for the North East (RSS July 2008) seeks to maximise the potential of both airports in the Region to support economic growth and regeneration. Policies 10 and 21 in the RSS both supports the sustainable expansion of facilities at Durham Tees Valley Airport, and provides for land at the Airport to be safeguarded for airport related uses. Policy 21 goes on to state that “relevant Local Development Frameworks should safeguard land currently allocated for airport-related uses but not yet developed (80 hectares of land at Durham Tees Valley Airport) for airport-related uses”. It is noted that the application site is within the area identified by policy EP9 in the adopted Borough of Darlington Local Plan as suitable for employment development requiring a location at or adjacent to an airport. The RSS does identify “offices” and, specifically, “ancillary uses” and “supporting functions” as appropriate airport-related development. However, paragraph 3.48 of the RSS states “for development including
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