Planning Services COMMITTEE REPORT
APPLICATION DETAILS
APPLICATION NO: DM/15/02340/FPA Erection of 23 two, three and four bedroom 2 storey FULL APPLICATION DESCRIPTION: dwellings with associated works. NAME OF APPLICANT: Gleeson Development Ltd Land South Of Hawthorn Close ADDRESS: Kimblesworth ELECTORAL DIVISION: Sacriston Louisa Ollivere Planning Officer CASE OFFICER: Telephone: 03000 264878 [email protected]
DESCRIPTION OF THE SITE AND PROPOSALS
The Site
1. This 0.67 site is currently grassed open space between semi-detached houses at Sycamore Road and Hawthorn Close which are residential cul-de-sacs situated within a 1970s housing estate at Kimblesworth. The site is bounded by houses to the north, south and east and a private allotment site to the west. There are groups of mature trees in the west and south of the site. There are two garages in the western part of the site that are to be demolished. The land was last occupied by houses in the 1960’s which were since demolished. Historic coal mining activity took place in the vicinity of the site. These past uses mean that there may be a degree of contamination on site. The land appears to be currently used for informal recreational purposes by local residents and is informally used by allotment owners to access the neighbouring private allotment site.
The Proposal
2. This application proposes the development of 23 dwellings incorporating a variety of two, three and four bedroom dwellings. Sixteen would be semi-detached and seven would be detached properties. Seven of the properties would be two bed starter homes. A new access road would be created running from Sycamore Road creating a new T shaped cul-de-sac with the dwellings concentrated around the space. The open gaps adjacent to the semi-detached bungalows to the east of the site would be infilled with detached and semi-detached housing two storeys in height. There would be seven house types in total on the site and these types would be mixed within the site. The remainder of the site would be either private or shared external spaces. To facilitate the development the current garages would be demolished and groups of trees in the centre of the site would be removed. It is proposed to retain several trees along the southern boundary of the site and new trees are proposed to be planted within an area of public open space, landscaped areas and front gardens. 3. The design of the dwellings is simple two storey dwellings with pitched roofs and front porch or canopy features. The materials proposed are a mix of red and buff brick with plain grey concrete tile roofs and white UPVC windows.
4. Thirteen garages and twenty eight parking spaces would be provided on the site adjacent to the dwellings they serve.
5. None of the properties are to be affordable homes and there is no provision for public art and a small area of public open space provision. A payment in lieu of open space provision has been offered. A viability statement has been submitted to justify the lack of provision.
6. This application is supported by an affordable housing statement, construction management plan, design and access statement, drainage assessment, economic impact report, secure design report, planning statement, waste management plan, sustainability statement , geo environmental assessment, parking statement, tree report, ecology report, ecological appraisal, SAP calculations, soakaway assessment, viability and open space improvements statement, Planning Performance Agreement, Contaminated land information, viability assessment.
7. The application is reported to Committee as a ‘major’ development and one of the local Councillors has requested the application to be determined by the Planning Committee.
PLANNING HISTORY
8. There is no relevant planning history for this site.
PLANNING POLICY
NATIONAL POLICY:
9. The Government has consolidated all planning policy statements, guidance notes and many circulars into a single policy statement, the National Planning Policy Framework (NPPF), although the majority of supporting Annexes to the planning policy statements are retained. The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development under three topic headings – economic, social and environmental, each mutually dependent.
10. The presumption in favour of sustainable development set out in the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’.
11. In accordance with paragraph 215 of the National Planning Policy Framework, the weight to be attached to relevant saved local plan policy will depend upon the degree of consistency with the NPPF. The greater the consistency, the greater the weight. The relevance of this issue is discussed, where appropriate, in the assessment section of the report below.
12. The following elements of the NPPF are considered relevant to this proposal; 13. NPPF Part 1 – Building a Strong, Competitive Economy – reinforces the Government’s commitment to securing economic growth to create jobs and prosperity, ensuring the planning system supports this aim – ‘significant weight’ is to be placed on this aim. Planning policies should seek to address potential barriers to investment, setting out clear economic vision and strategy which proactively encourages sustainable economic growth, identifies sites and inward investment, and identifies priority areas for economic regeneration. There is no specific advice on decision making.
14. NPPF Part 4 – Promoting Sustainable Transport. Notes the importance of transport policies in facilitating sustainable development and contributing to wider sustainability and health issues. Local parking standards should take account of the accessibility of the development, its type, mix and use, the availability of public transport, levels of local car ownership and the need to reduce the use of high emission vehicles.
15. NPPF Part 6 – Delivering a wide choice of high quality homes. Housing applications should be considered in the context of a presumption in favour of sustainable development. Local Planning Authorities should seek to deliver a wide choice of high quality homes, widen opportunities for home ownership and create inclusive and mixed communities. Policies should be put in place to resist the inappropriate development of residential of residential gardens where development would cause harm to the local area.
16. NPPF Part 7 – Requiring Good Design - the Government attaches great importance to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning. Planning policies and decisions must aim to ensure developments; function well and add to the overall quality of an area over the lifetime of the development, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to local character and history, create safe and accessible environments and be visually attractive.
17. NPPF Part 8 – Promoting Healthy Communities – the planning system is considered to have an important role in facilitating social interaction and creating healthy, inclusive communities, delivering social recreational and cultural facilities and services to meet community needs. Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.
18. NPPF Part 11 – Conserving and enhancing the natural environment. The planning system should contribute to and enhance the natural environment by; protecting and enhancing valued landscapes, recognizing the benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, preventing new and existing development being put at risk from unacceptable levels of soil, air, water or noise pollution or land instability, and remediating contaminated and unstable land.
NATIONAL PLANNING PRACTICE GUIDANCE:
19. The newly introduced National Planning Practice Guidance (NPPG) both supports the core government guidance set out in the NPPF, and represents detailed advice, both technical and procedural, having material weight in its own right. The advice is set out in a number of topic headings and is subject to change to reflect the up to date advice of Ministers and Government.
20. Natural Environment - Section 40 of the Natural Environment and Rural Communities Act 2006, which places a duty on all public authorities in England and Wales to have regard, in the exercise of their functions, to the purpose of conserving biodiversity. A key purpose of this duty is to embed consideration of biodiversity as an integral part of policy and decision making throughout the public sector.
21. Design -The importance of good design. Good quality design is an integral part of sustainable development. The National Planning Policy Framework recognises that design quality matters and that planning should drive up standards across all forms of development. As a core planning principle, plan-makers and decision takers should always seek to secure high quality design, it enhancing the quality of buildings and spaces, by considering amongst other things form and function; efficiency and effectiveness and their impact on wellbeing.
22. Climate Change - Addressing climate change is one of the core land use planning principles which the National Planning Policy Framework expects to underpin both plan-making and decision-taking. Planning can also help increase resilience to climate change impact through the location, mix and design of development. Reflecting the ‘golden thread’ of the NPPF, sustainable development is key.
23. Land affected by contamination – Identifies the planning systems responsibilities alongside other regimes in dealing with contamination. Details are provided in relation to information required for consideration of planning applications, how to consider such application and the use of conditions in relation to contamination.
24. Land Stability – The guidance provides advice to local authorities and developers to ensure that development is appropriately suited to its location, and that there are no unacceptable risks caused by unstable land or subsidence.
25. Noise – Advises on how planning can manage potential noise impacts in new development.
26. Open Space, sport and recreational facilities, public rights of way and local green space - Gives key advice on open space, sports and recreation facilities, public rights of way and the new Local Green Space designation.
27. Viability - Decision-taking on individual applications does not normally require consideration of viability. However, where the deliverability of the development may be compromised by the scale of planning obligations and other costs, a viability assessment may be necessary.
LOCAL PLAN POLICY:
28. Policy BE2 – Public Art – for development that costs £500,000 or more developers should be encouraged to devote at least 1% of those costs to the provision of works of art in new building and landscaping projects accessible to the general or client public.
29. Policy HP6 – Residential within settlement boundaries – identifies Nettlesworth and Kimblesworth as a settlement where residential development will be allowed on non- allocated sites that are previously developed land and meet the criteria of Policy HP9. 30. Policy HP9 – Residential Design Criteria (General) – requires new development to; relate well to the surrounding area in character, setting, density and effect on amenity of adjacent property, to provide an attractive, efficient and safe residential environment, to provide adequate privacy and amenity, safe road access and retain existing landscape features.
31. Policy HP13 – Affordable Housing – On sites of 15 units or more affordable housing is sought at a rate of 30%.
32. Policy HP15 – Community Provision- Requires housing sites with 10 or more dwellings to provide for related social, community, infrastructure and/or recreational and leisure facilities in the locality where they are necessary and directly related to the development.
33. Policy RL1 Sport and Leisure Opportunities: General – Requires existing leisure facilities, open spaces and rights of way to be protected and promotes the improvement or creation of new recreation and leisure facilities.
34. Policy RL3 Protection of Outdoor Recreational Facilities – development that would result in the loss of amenity open space, playing pitches, courts, greens, parks, allotments and rights of way will not be allowed unless the development is for new or improved facilities or suitable equal standard or better alternative provision is provided for or where there is an identified excess in provision of a particular facility.
35. Policy RL5 – Provision in New developments – for every 1 hectare of land developed there will be at least 125 sq metres of equipped children’s play space and 250 sq m of informal open space provided within the site. For development of less than a hectare a proportion of this standard will be expected within the site.
36. Policy T6 – Provision for Public Transport: General – Development proposals should be designed to encourage use of public transport and reduce reliance upon the private car by locating accesses close to bus routes and footpath links. Where new transport links are required an appropriate contribution will be sought from the developer through a Section 106 obligation.
37. Policy T8 – Car Parking Provision – States that new development should seek to minimise parking provision other than for cyclists and disabled users, other than in exceptional circumstances.
38. Policy T15 – Access and Safety provisions in design – Development should have safe access to classified road, should not create high levels of traffic exceeding capacity, have good links to public transport, make provision for cyclists and service vehicles and have effective access for emergency vehicles.
39. Policy T17 – General Policy – All new developments should have regard to and be consistent with the provision of a safe and accessible transport network, in particular through reducing reliance on the private car, encouraging the use of public transport and promoting cycling and walking.
RELEVANT EMERGING POLICY:
40. Paragraph 216 of the NPPF says that decision-takers may give weight to relevant policies in emerging plans according to: the stage of the emerging plan; the extent to which there are unresolved objections to relevant policies; and, the degree of consistency of the policies in the emerging plan to the policies in the NPPF. The County Durham Plan was submitted for Examination in Public and a stage 1 Examination concluded. An Interim Report was issued by an Inspector dated 15 February 2015, however that report was quashed by the High Court following a successful Judicial Review challenge by the Council. As part of the High Court Order, the Council has withdrawn the CDP from examination. In the light of this, the CDP is no longer material.
The above represents a summary of those policies considered most relevant in the Development Plan the full text, criteria, and justifications of each may be accessed at http://www.cartoplus.co.uk/durham/text/00cont.htm.
CONSULTATION AND PUBLICITY RESPONSES
STATUTORY RESPONSES:
41. Local Highway Authority – Have no objections to this proposal subject to conditions and that the on site garages being legally removed. The recommended conditions would require the submission and approval of full engineering details of the proposed estate roads and that the development should not be brought into use until the estate roads have been constructed in accordance with the approved plans.
42. The Officer also advises that it will be necessary for the applicant to enter into agreements under Section 38 of the Highways Act 1980 and under Section 278 of the same Act, and that the applicant should be informed of these requirements.
43. Coal Authority – Originally objected to the application as they were unclear as to whether the built development is being proposed directly over a mine shaft. The applicants subsequently submitted a plan detailing the location of the mineshaft and the Coal Authority has now withdrawn their objection subject to a condition on any approval that requires both the shallow coal workings and the mine entry to be stabilised prior to the commencement of the development.
44. Northumbrian Water – Advise that currently the Sewage Treatment Works (STW) that the development will discharge into is operating close to capacity; however they confirm that they are currently undertaking works to increase the available headroom. It is confirmed that NWL have been in extensive contact with the developer who has provided NWL with predicted onsite commencement dates and a phasing plan of the site. Based on this information NWL confirm that they accept the additional flows from the development and have no objections to the proposal.
INTERNAL CONSULTEE RESPONSES:
45. Sustainability Officer - Does not consider the site to be highly sustainable as it is not within walking distance of a secondary school, higher education, local shop, GP and has limited bus services and as there would be a loss of green space of recreational value and there is a deficit in this ward. However the Officer advises that there are unlikely to be significant issues that would prevent development subject to comments from landscape and ecology. With regard to the sustainability statement the Officer requested further information in relation to specific aspects and requested the provision of specific evidence to a Design state SAP assessment. It was advised that the design should go beyond 2013 Part L Building Regulations with the aim being to achieve zero carbon development. If approval is recommended the Officer recommends a condition requiring the submission and approval of scheme to embed sustainability and minimise carbon from construction and in-use emissions and its implementation. Following the submission of SAP reports the Officer has confirmed that he is satisfied that the development would comply with Part L 2013.
46. Affordable Housing Officer - Requested a full financial viability assessment to negate the requirement for providing 15% affordable homes within the scheme. Following the submission of a viability assessment detailing high site preparation costs, high abnormal foundation costs, high drilling costs and costs to address Japanese Knotweed and low sales value of the area the Officer considers that the scheme would not be viable if it included affordable housing.
47. Landscape Officer - Raised concerns originally that there had been no appraisal of the trees on site and that no efforts had been made to accommodate trees within the site. It was also advised that the tree planting specification and plans were unsatisfactory. A tree report and tree protection plan were subsequently submitted and the Landscape Officer is now satisfied with the proposed tree protection arrangement and is also satisfied with the planting scheme shown on the landscaping plan which although simple is appropriate for the setting.
48. Drainage Engineer – Advised of the need for the developer to submit drainage details directly to the drainage team for approval. He accepts the soakaway results and advises that infiltration techniques should be incorporated into the works wherever it is practicable to do so.
49. Design and Conservation Officer – considered the development to be acceptable in principle but suggested revisions in relation to performing better when assessed against the Building for Life Criteria. The Officer recommended additional routes and connections with Hawthorn Close to the north and the allotments/countryside to the west. In terms of design it was suggested that there should be more grouping together of house types and that new housing should be of an appropriate scale and size next to the existing bungalows.
50. It was advised that the development should pay more reference to the distinctive character, by providing some provision of open space with some tree retention. The creation of views from Hawthorn Close and to the countryside beyond, with gaps between buildings and views down footpath links was also recommended. The Officer recommended that the built frontages of plots 1, 2 and 3 should be in better alignment with the adjacent bungalow. The Officer suggested that plot 17 could perhaps be a more welcoming focal point, rather than a house with a fairly prominent integral garage and driveway. It was recommended that hedge and tree planting be proposed in front gardens to soften and reduce the impact of parked cars and hard surfacing in this development. It was recommended that there be some provision of open space. As access to the rear garden may be a problem as some plots are very close together and linked by garages more information was requested in such cases of storage provision and access points.
51. Ecology Officer - Originally objected to the application and raised concerns over the lack of ecological data and advised that the construction of the new housing may have an adverse effect on existing roosts within neighbouring housing and flight lines and that there is the potential for this development to breach the legislation surrounding bats. The Officer requested further investigations for bat usage and potential bat roosts in adjacent properties and for the provision of ecological enhancement within the development site or outside of the red line boundary. The applicants subsequently submitted an ecological report. In response to this the Ecologist considers there are no major bat issues on this site. The Officer welcomes the recommended control and eradication of Japanese Knotweed and requests a method statement to be provided in relation to this matter before works commence. The Officer also requests a condition to ensure that trees scheduled for removal are removed outside of the bird breeding season March to August inclusive, or otherwise inspected by an ecologist within 48 hours prior to their removal to ensure that no nesting birds are likely to be disturbed.
52. Environmental Health Officer – Does not object to the application subject to conditions. The Officer notes that the surrounding environment is residential therefore does not feel that any conditions need to be attached to protect the prospective occupiers from any existing noise sources. In relation to noise from the development affecting existing residential properties the Officer advises that there is the potential for noise disturbance throughout the construction phase, especially as the proposed properties are close to the existing dwellings. The officer recommends that a condition is attached to any approval granted requiring more specific information relating to noise control measures, covering all stages of the construction and timing of construction. It is advised that the construction management plan shall ensure that there are adequate dust control measures in place.
53. Due to the close proximity of the proposed housing it is considered that any additional street lighting may cause lighting spillage to existing properties. It is therefore recommended that a condition is attached requiring the applicant to submit a lighting spillage lux plan.
54. The Officer advises that their comments relate to the potential of the development to cause a statutory nuisance, as defined by the Environmental Protection Act 1990, and that the Planning Authority may wish to consider their comments in determining whether there will be a loss of amenity as a result of the proposal.
55. Policy Officer - Advises that against the Open Space Needs Assessment (OSNA) standards the Sacriston electoral district, into which Kimblesworth falls, has a good, but imbalanced, supply of open space. It has a sufficient supply of amenity open space and a very large supply of semi-natural open space. It has an insufficient supply of parks and gardens and an undersupply of allotments and sports pitches (the Playing Pitch Strategy found that there was no overall shortage in the AAP and no shortage in Kimblesworth and Plawsworth.
56. The Officer advised that the original proposed development of 24 dwellings could theoretically generate a requirement for 0.288 ha of open space, if it is assumed that each dwelling could accommodate 2.4 people. With no additional open space and that this would mean a slightly greater undersupply of allotments, parks and gardens, and sports space, and a slightly reduced oversupply of amenity open space and semi-natural open space. The Officer advises that while the site has some townscape value due to the trees on site itis not considered to be in very good condition and this decreases its value. The Officer points out that there are few features of value on site and there are signs of vandalism and fly-tipping. The Officer considers that site does have some connectivity value, however, as it provides pedestrian routes between Hawthorne Close and Sycamore Road, and notes that the proposed layout would remove these routes.
57. The Officer recommends that consideration should be given to amending the layout to mitigate a loss of connectivity and consideration should be given to providing S106 funds amounting to £23,000 to mitigate existing shortages of some types of open space in the area, which should go towards improving and diversifying existing open spaces rather than creating new ones.
58. In terms of viability the Officer considers the revenue, build costs, professional fees, contingencies, external works legal fees, finance costs and developers profits outlined to be reasonable. The site abnormals, agents fees and marketing are on the high side however with adjustments the Officer concludes that the site in unviable to provide afforadable housing.
59. Contaminated Land Officer - Originally considered that further soil sampling was necessary to delineate two areas of contamination and to be able to confidently say that the soil on site is suitable for use in garden areas and that further gas monitoring was required. It was also considered that prior to commencement of development the submission and approval of a scheme to deal with contamination and implementation of any remediation requirements would be necessary. Subsequently the Officer was involved in discussions with the environmental consultants with regards to the submitted information and has reviewed her comments and now considers there is no requirement for a pre-commencement condition or further gas monitoring but recommends a condition that two months following the completion of the development details be submitted to and approved in writing by the Local Planning Authority confirming the objectives, methods, results and effectiveness of all remediation works detailed in the Phase 3 Remediation Strategy.
PUBLIC RESPONSES:
60. The application has been advertised on site and in the press and neighbouring occupiers have been consulted. Seventeen letters of objection have been received from local residents and an objection has been received from Kimblesworth and Plawsworth Parish Council. The comments of residents and the Parish Council are summarised as follows:
Inaccuracies in submitted information regards use of site, parking levels, affordable housing, support for application, brownfield status of the site. Public concerns have not been addressed. Construction sites are attractive to and dangerous for children. Lack of need for housing. Increase in traffic and cars parked on local roads. Unsustainable location of site. Harm to existing residential amenity privacy, access, noise, light, dust, overshadowing, right to light, crime, vandalism, access for maintenance/grass cutting. Loss of trees. Loss of open space and lack of new provision. Harm to visual amenity. Impacts to wildlife and protected species. Similar application rejected previously. Density of development too high. Historic Coal mining issues need to be addressed. Existing drainage unable to cope and the development will worsen drainage. Proposal contrary to DCC Policies, Corporate Aims and Strategies and LDF. The proposal will prevent any access to the allotments for person and vehicles. Allotments owners should have an easement. There are other more appropriate locations to develop. Will worsen climate change. No benefit to natural environment. Ecology information should be independently verified by expert. Lack of justification regards lack of provision of affordable homes. Lack of bungalows in development despite need. The site should be a village Green and has presumed Rights of Way. Proposed drainage cannot be controlled by the developer. Dispute over land ownership. Previous homes demolished for a reason rumoured to be subsidence.
The above is not intended to list every point made and 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 http://publicaccess.durham.gov.uk/online-applications/search.do?action=simple&searchType=Application
APPLICANTS STATEMENT:
61. The site provides a sustainable development opportunity and would contribute to the provision of a mix of housing size, types and affordability in the area, particularly promoting family housing and appropriate dwellings which allow people to stay in their local community. Gleeson specialise in providing low cost housing for local people and in particular first time buyers, who make up around 70% of our purchaser profile. On this site all the houses will be under £150,000 and nearly 50% under £100,000, which makes them truly affordable.
62. The site provides ready access to local amenities, schools and employment sites and is considered sustainable. This planning application has considered all relevant planning policy matters in respect of the proposal bringing forward residential development. At a national, regional and local planning policy level, there remains a priority for development in urban areas to which this site would accord. The site lies within a residential area in close proximity to services and facilities including access to sustainable travel options including bus services. The proposal achieves a density level of around 35 dwellings per hectare and is integrated well into the locality through the design proposals which accords with National Planning Policy.
63. All criteria in terms of planning policy requirements have been complied with through the evolution of the scheme, resulting in a well-designed proposal that responds to the specifics of the site, both in terms of layout but also the design of the elevational treatment. It must also be noted that the proposals aim to deliver quality new homes to local people in addition to providing much needed new housing in this location. The applicants have undertaken considerable dialogue with the relevant officers at the Council to ensure that the scheme not only delivers high quality design, but also responds to the aspirations of the local community. Indeed, the proposals have been amended several times to take into account the comments made.
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 http://publicaccess.durham.gov.uk/online- applications/simpleSearchResults.do;jsessionid=D8703D53C2145BF952EE100F5F280C94?action=firstPage
PLANNING CONSIDERATIONS AND ASSESSMENT
64. As identified in Section 38(6) of the Planning and Compulsory Purchase Act 2004 the key consideration in the determination of a planning application is the development plan. Applications should be determined in accordance with the development plan unless material considerations indicate otherwise. The degree of compliance of policies with the NPPF is such a material consideration. The main considerations in regard to this application relate to the principle of the development, provision of open space, provision of affordable housing, existing and proposed residential amenity, design and impact upon the character of the area, impacts upon ecology, trees and landscaping, provision for community facilities, play space and public art, sustainable design aspects, access, parking and highway safety, drainage, contamination and land stability issues.
Principle and the General Policy Context
65. The NPPF seeks to boost significantly the supply of housing and requires that housing applications should be considered in the context of the presumption in favour of sustainable development. The Government’s key housing objective and one which LPA’s are expected to deliver is to increase significantly the delivery of new homes. The NPPF states that everyone should have the opportunity to live in high quality, well designed homes, which they can afford, in a community where they want to live. This means: increasing the supply of housing, delivering a wide choice of high quality homes that people want and need, widening opportunities for home ownership; and creating sustainable, inclusive and mixed communities, based on the needs of different groups within the community, including older people.
66. The application site is located within the settlement of Kimblesworth within an existing residential area and comprises an area of green open space. The proposed development on the site would therefore not re-use land that has been previously developed which is one of the 12 core planning principles of the NPPF.
67. However a key objective of planning policy is to achieve a sustainable form and pattern of development which prioritises directing new development to existing main settlements to ensure access to and support for services. Sustainability Officers do not consider this to be a highly sustainable site with reference to walking to secondary schools, GP Surgery and shops and bus services. However Kimblesworth is scored in the County Durham Settlement Study as a Medium sized village and has a local shop and is adjacent to and within walking distance of the small village of Nettlesworth which has a primary school and a hourly bus service to Durham which could also be used to access the nearest GP in Sacriston (1.3miles) and the nearest Secondary school (Fyndoune 0.94 miles). It is considered that the site therefore is reasonably sustainable. The proposal therefore fulfils the requirements of the NPPF and Policies T15 and T16 of the Chester-Le-Street District Local Plan.
68. The scheme would largely conform to the key objectives of the NPPF; in particular Paragraph 54 in that development will support the vitality and viability of services and facilities in Kimblesworth and Nettlesworth. The scheme is also considered ‘deliverable’ within the next five years, an important consideration set out within the NPPF.
69. The proposed mix of 50% private low market price dwellings with 50% private larger family housing would assist in diversifying the existing housing stock in this location which is currently dominated by social rented, private rented and private small family homes and elderly persons bungalows. The proposal would provide a range of housing opportunities for small households to meet the identified housing need in the area. The absence of any affordable housing and housing for older persons is regrettable given that this is an identified need in the County. However it is considered that the land costs, build costs, other costs and profits outlined within the viability statement indicate that provision of affordable housing would render the scheme unviable. 70. Bearing the above in mind the proposal is considered to be acceptable in principle.
Loss of and provision of Open Space
71. Policies RL1 and RL3 of the Chester-Le-Street District Local Plan seek to protect open spaces. Policy HP15 of the CLS Local Plan requires the provision of recreational/leisure facilities. Policy HP15 accepts contributions in lieu of such provision.
72. The proposal would result in the loss of public amenity open space which local residents claim is heavily used by children and dog walkers etc. In considering whether the principle of development on these areas of the site is acceptable developers are usually required to submit an open space needs assessment regarding the loss of the informal existing amenity areas. However in this case this was not deemed necessary as the Council’s Open Space Needs Assessment (OSNA) identifies the electoral division in which the site is located as having a sufficient supply of amenity open space and as there is a more suitable recreational and play area within 150m of this site. Given this level of provision and as the open space is considered to have limited townscape value it is considered that the loss of the open space is acceptable.
73. Notwithstanding the fact that the proposal will result in the loss of amenity open space Policy Officers consider that as this is a new housing site that at least 0.288 hectares of open space should be provided on site. If this is not possible, in line with local plan policies RL1 and RL5 the developers should contribute financially in lieu of such provision. Given the existing provision of open space within the area Policy Officers advised that such funding should be for the improvement and diversification of existing open spaces nearby.
74. The application has been amended to include a small area of open space within the site however there remains a significant shortfall when compared to the 0.288 hectares required for this development. Whilst the applicants have not proposed the provision of equipped recreational facilities following discussions with Officers they have agreed to a financial contribution in lieu of such provision towards the improvement and diversification of open space near to the site. This would need to be secured by a 106 agreement.
Impact upon existing Allotments
75. Concerns have been raised by allotment tenants over the prevention of access to the neighbouring allotments and the tenants consider that they may have accrued rights of access (an easement) over this land. Members of the public have also objected on the basis that there are accrued rights of way over the site. The development, if approved, would prevent the use of the only existing access into the neighbouring allotments and against the advice of Officers the developer has been unwilling to include an access to the allotments. Policy RL3 of the Chester-le-Street Local Plan restricts any loss of allotments or rights of way unless the development allows for improved facilities, there are alternative provisions or where there is an excess. As the Open Space Needs Assessment identifies an undersupply of allotments this proposal would not be acceptable should it result in the loss of the allotment site without any suitable alternative provision or financial contributions in lieu of such provision. Whilst the proposal has implication for the access to the allotments from the north west it is considered that the development would not result in the allotments being landlocked as access is possible to the allotments from land to the south. These routes will be more torturous for the allotment owners and will require the creation of a new gateway. Bearing this in mind there is the distinct possibility that the allotment owner/tenants will attempt to claim an easement over the allotments.
76. Should such a claim be made and be successful it may affect the deliverability of the site and therefore this must be given weight in assessing the principle of this site. However in the likelihood of such a claim being successful it is considered that there is the possibility that the site boundary and land sale could be altered to accommodate an access on foot to the allotments without significant detriment to the proposed amenity or design of the scheme. Therefore the possibility of an easement over the site does not carry significant weight against this proposal.
77. There are no registered Rights of Way on the site or adjacent to the site and at present in terms of presumed rights of way the Rights of Way Officer has confirmed that no persons have applied for a Definitive Map Modification Order (DMMO) to have the right of ways recorded on the definitive map. Whilst entrance to the north west corner of the site would be closed off there does not appear to be any clear, well-trodden routes across the land and any application would need to rely on user evidence provided by the public. Rights of Way Officer advise that it is only in exceptional circumstances where the evidence is strong that the Local Authority would accept that public rights have been accrued and that the path should be registered as a public right of way. Should such a claim be made and be successful it may affect the development of the site and therefore this must be taken into account when assessing the deliverability of the scheme. However in the likelihood of such a claim being successful it is considered that it would be feasible to amend the site boundaries to accommodate potential Rights of way or if necessary Rights of Way Officers have indicated that potential Rights of Way could be diverted or closed. Given the above it is not considered that the possibility of accrued rights of access across or adjacent to the site should carry significant weight against this proposal.
78. Bearing the above in mind the loss of the public open space is acceptable and the proposed provision of a financial payment in lieu of provision of open space is acceptable. As there is the possibility of an alternative access to the allotments the enclosure of the current access by the development is acceptable. Therefore the development would be in accordance with Chester-le-Street Local Plan Policies RL1, RL3, RL5 and HP15.
Design, Layout and effect on the Character and Appearance of the Area
79. Section 7 of the NPPF and Policy HP9 of the Chester-Le-Street Local Plan place great importance on the design of the built environment. Planning decisions must aim to ensure that development adds to the overall quality of the area, establishes a strong sense of place, responds to local character and history and is visually attractive. Policy T17 of the Chester-Le-Street Local Plan requires developments to promote walking through a permeable design.
80. Officers consider that the design to be generally acceptable in principle and revisions have come forward with the result being that the development now is of a higher quality design with more open space and tree retention. It is considered that the proposed dwellings are generally of a good design standard and relate acceptably in visual terms to the surrounding area. Concerns were raised by Officers in relation to the permeability of the site and provision for access to allotments, the mix of house types, the scale and alignment of dwellings next to bungalows, the lack of provision of open space and lack of tree retention, the lack of views through the dwellings, the lack of a focal point, lack of landscaping and access to the rear gardens. The proposals have positively evolved since the original submission in response to concerns raised by Officers to re-align dwellings, provide some open space, retain more trees and propose more landscaping.
81. The developer was unwilling to group housing designs together as they considered that this would lead to a bland streetscene and this is accepted.
82. In terms of access to rear gardens on plots linked by garages the developer has submitted amended plans which detail personnel doors to be provided to the linked garages where necessary. This is considered acceptable.
83. It is noted that local residents consider the density to be too high. The NPPF and the NPPG advises Local Authorities to set out their own approach to housing density to reflect local circumstances. It is considered that the proposed density is similar to the existing housing that surrounds the site and acceptable.
84. Bearing the above in mind the amended design and layout are considered to be of good quality and are now considered to be in accordance with Section 7 of the NPPF and Policies HP9 and T17 of the Chester-Le-Street Local Plan.
Affordable Housing
85. Paragraph 50 of the NPPF requires that where affordable housing has been identified as being needed, policies should be set for identifying this need, which contributes to the objective of creating mixed and balanced communities.
86. Chester-Le-Street District Local Plan Policy HP13 relates to the provision of 30% affordable housing provision on sites such as this. However there is now a requirement for 15% affordable housing on new developments in the Northern Housing Market Delivery Area.
87. Paragraph 54 of the NPPF advises that LPA's should be responsive to local circumstances and plan housing to reflect local needs. The proposal is for twenty three houses none of which could be classed as affordable homes. The scheme would therefore fail to meet the required threshold in this area. Local residents consider that this is due to a lack of demand for such housing rather than due to low viability. The applicants have submitted an affordable housing statement and a viability statement with regard to the lack of provision. The developers do not consider it viable to propose any affordable housing due to the high site preparation and build costs and the low sales cost of housing in the Kimblesworth area. The developers viability appraisal has been carefully assessed and officers are satisfied that owing to a series of abnormal costs the provision of affordable housing would render the scheme unviable. Notwithstanding the viability issues the scheme does provide for lost cost housing, including 7no. 2 bedroom ‘starter homes’ and these would add to the choice of housing in the area which is predominantly social and private rented stock. On balance, the lack of affordable housing provision is considered to be acceptable.
Residential Amenity
88. Chester-le Street Local Plan Policies HP9 and HP17 require new development to respect the amenity of adjacent property and to provide adequate privacy and amenity for future residents.
89. Required facing privacy distances are exceeded between the existing bungalow properties of Sycamore Road, two storey properties of Briar Close and Hawthorne Close and the proposed properties of the development. Whilst there is only approximately 13m between the gable windows of 12 and 15 Hawthorn Close the impacts to the existing privacy and light are considered acceptable given that the windows are understood not to be principal windows.
90. The layout and distances between the existing and proposed dwellings and between proposed dwellings would allow for acceptable light and outlook for both the proposed and the majority of the existing properties. However it is noted that there is only 3m between the ground floor windows within the gable elevation of 25 Sycamore Road and the blank gable elevation of a proposed property.
91. It is accepted that the light to the ground floor gable end windows of 25 Sycamore Road would be affected, however as these ground floor windows are non-principal room windows and a secondary window to a habitable room the loss of light is considered acceptable and not significantly harmful to residential amenity. Residents generally have cited rights to light in their objections however Members should be aware that Rights to light are a matter for property law rather than planning law, and that the Local Planning Authority can take no role or interest in any private dispute over light. The proposal has been assessed for impacts to neighbouring residential amenity, including loss of light and it is not considered that any neighbouring occupiers would suffer a significant loss of light.
92. It is noted that concerns have been raised that the existing six bungalows have an area of open space to their rear and that the development would intrude into this space at the rear. However no built form is proposed in that area and it is understood that this area of open space is to be immediately transferred to Cestria. Concerns have been raised as to access and responsibility for grass cutting etc. of this land however it is understood that the responsibility of maintenance of this land including gardening and grounds maintenance would rest with Cestria.
93. Section 11 of the NPPF requires Local Planning Authorities to ensure that new development is appropriate for its location and to take account of the effects of amenity from pollution such as noise pollution both presented by and experienced by the development. Local residents have concerns about the intrusiveness of the development during the build.
94. In a compact urban environment, the build process has the potential to impact on the residential amenity of surrounding residents. In order to protect the amenity of existing residents it is agreed with the Environmental Health Officer that it would be appropriate to impose a condition limiting the days and times during which construction works and deliveries can take place and to ensure that measures to control noise during construction are agreed and implemented during construction.
95. Concerns have also been raised by local residents and the Environmental Health Officer in relation to pollution from dust. It is therefore considered appropriate to attach conditions requiring the submission and approval of measures to control dust and dirt and to deal with waste from the construction on site.
96. It is noted that the Environmental Health Officer and the local residents have concerns about light spillage; however use of a condition to agree lighting is not considered necessary as the developers wish the street lighting to be adopted therefore the location of new street lighting will be regulated by the Highways Department under a S38 agreement.
97. To conclude in terms of residential amenity it is considered that with conditions that the proposal would not be harmful in terms of residential amenity and would accord with the NPPF, Chester-Le-Street Local Plan Policies HP9 and HP17. Impact on existing Trees and assessment of Landscaping
98. Chester-Le-Street Local Plan Policy HP9 requires development to incorporate as far as possible, existing landscape features and to make provisions for new landscaping. The site benefits from numerous mature trees that provide amenity to the existing layout and are therefore a key feature of the character and appearance of the site within its context. Concerns were raised by Landscape and Design Officers in relation to the loss of trees on the site and the landscaping proposed. Subsequently the developers have amended the proposal to allow for the retention of a group of trees in the south of the site and of a single specimen on the prominent corner of the site. An alternative landscaping scheme has also been submitted which the Landscape Officer now considers to be appropriate for the setting.
99. It is therefore considered that subject to conditions requiring the installation of tree protection measures and the implementation of the landscaping scheme it is considered that satisfactory landscaping can be achieved in accordance with the above policies.
Impact on Ecology
100. Local residents have raised concerns about the impacts upon local plants, bats and birds. Upon the advice of the Ecology Officer an ecology survey has been submitted in support of the application to address these issues. The survey concluded that the site itself is considered of low value to foraging bats and that there are no suitable features for roosting bats. The survey recommended action to be taken in relation to Japanese knotweed and that no trees be felled outside the bird breeding season or if this is not possible that they need to be inspected prior to removal by an ecologist. Local residents have concerns over the validity of the report however the Council’s own ecologist is satisfied with the findings of the report and has requested conditions be attached only in relation to birds and Japanese Knotweed. Whilst it is considered appropriate to attach a condition in relation to timing of tree removal and checking of trees for bats/birds as the Japanese knotweed is outside of the site it is not considered appropriate to attach a condition in relation to its removal. Alternatively it is considered appropriate to attach a condition in relation to the prevention of the spread of the Japanese Knotweed and an informative to require the developer to inform the adjacent landowner that there is Japanese knotweed on their site and of legal obligations in relation to preventing the spread of Japanese Knotweed. With such conditions and informatives the proposal would minimise impacts to biodiversity in accordance with the above policy.
Sustainability
101. Section 10 of the NPPF highlights the general need to improve energy efficiency in new development. Whilst the Sustainability Officer recommended improvements to the design to achieve zero carbon development as this is not a policy requirement and would have implications for the viability of the scheme this is not considered necessary. It is however considered appropriate to attach a condition to ensure adherence to the submitted SAP Calculations.
Access and Highway Safety
102. Section 4 of the NPPF requires vehicular movements generated by new development to be safely accommodated on the local and strategic highway network. Paragraph 34 of the NPPF and Chester-Le-Street Local Plan Policies T15 and T17 require developments to have a satisfactory access onto the adopted road network and safe vehicle entrance and exits.
103. Paragraph 39 of the NPPF requires that the accessibility of the development, type, mix and use, availability of public transport, car ownership levels and the overall need to reduce the use of the car to be generally taken into account when looking at car parking levels. Policy T8 of the Chester-Le-Street Local Plan is in general alignment with the NPPF as it seeks to minimise parking provision.
104. The proposal involves works to existing highways and the creation of new highways and areas of parking. Local residents have concerns that the existing and proposed roadways are not wide enough, about the level of traffic on local roads and the loss of parking and proposed parking being proposed. However the Highways Officer is satisfied with the scheme subject to full engineering details of the proposed estate roads being submitted to and approved by the local planning authority prior to the commencement of the development and that the proposed estate roads and footways be designed and constructed to meet current residential design standards before the occupation of the dwellings.
105. It is noted that residents are concerned that existing residents /carers will end up having to park on the main road. The amount of parking being proposed mean that this is unlikely to be a scenario once the site is developed although parking difficulties may occur in the short term during construction due to contractor parking, however Members should note that as the road is a public highway the residents have no legal right to park outside their house.
106. Chester-Le-Street Local Plan Policy T15 requires amongst other requirements development to make provision for cyclists. The Parking statement makes provision for cycle parking within garages.
Provision of Public Art
107. Policy BE2 of the Chester-Le-Street Local Plan requires developments that cost more than £500,000 or more to devote at least 1% of these costs to the provision of art in the new building and landscaping projects accessible to the general or client public. This policy is not particularly compatible with the NPPF which states that development should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. Furthermore the applicants have provided a viability statement as to why this would not be possible for this development without rendering the scheme unviable. Taking the above into account it is considered acceptable in this specific instance to not require public art or monies in lieu of its provision to make the scheme acceptable.
Drainage Issues
108. Section 10 of the NPPF requires Local Planning Authorities to ensure that developments do not result in an increase in flood risk off site. Objectors have raised concerns over the removal of trees from the site and the development of the site in terms of flooding of the site and local area. Originally the surface water was to be directed to a mains sewer but upon the request of the Drainage Engineer permeability tests have been undertaken and these have identified that a suitable soakaway system can be designed for the development. The details of such a scheme whilst not yet forthcoming can be made subject of condition.
109. Local residents refer to the main drains in the village being deemed by NWL in the past to be insufficient to cope with the volume. Northumbrian Water have confirmed that the sewage works which the site would discharge to is operating close to capacity, however they confirm that they are currently undertaking works to increase the available headroom and are therefore happy that the sewers can accept the additional flows from the development. However as the Drainage Engineers have not confirmed their acceptance of the drainage proposed it is considered appropriate to attach a condition to ensure that a full foul and surface water drainage scheme is submitted and approved in writing prior to the commencement of the development and implemented thereafter.
110. It is noted that local residents have concerns over the developer relying on an independent body completing a project outside of their control to prevent drainage issues however this is not an usual situation and has been the case for several housing sites within County Durham where sewage works upgrades are required and planned.
Contamination and Land Safety and Stability issues
111. Section 11 of the NPPF requires Local Planning Authorities to prevent new development from being put at unacceptable risk from amongst other effects soil pollution and land instability. As the site was at one time previously occupied by housing and this is a High Risk Area where coal mining activity may have taken place in the vicinity of the site there may be a degree of contamination on the site. Concerns have been raised by local residents with regard to the close proximity of a mine shaft/coal seam.
112. In terms of contamination and stability the developers submitted a Phase 2 contamination investigation to identify contaminants and appropriate action and appropriate remediation and building methods.
113. The Contaminated Land Officer is satisfied with the findings of the reports and has no objection subject to a condition requiring the submission and agreement of a scheme to deal with contamination.
114. In terms of land stability as the Coal Authority have not objected to the development subject to a condition to require that the shallow coal workings and the mine entry are stabilised prior to the commencement of the development.
115. With such conditions it is considered that the safety and stability of the site can be ensured in accordance with the above policies.
Other issues
116. Residents have raised a number of objections and the most salient are addressed below:
117. It is noted that objectors consider the supporting statements to be misleading in terms of anti-social behaviour problems in the area and it is noted that this is not a major issue at the site. Nevertheless even if this were an issue this would not be a justification for a housing development.
118. It is noted that concerns have been raised about the dangers of having a construction site in the middle of an existing housing estate. The principal contractor would be legally required to take reasonable steps to prevent unauthorised people accessing the site. This should ensure that risks to children are properly controlled. Furthermore whilst the location might mean that the site is attractive to children the location would also allow for surveillance of the site by surrounding residents. 119. Whilst local residents consider that the development would not meet Durham County Council corporate aims, the above sections detail why this is not the case.
120. Local residents have referred to there being more suitable locations for housing currently for sale by DCC however there is no requirement for a sequential test in relation to housing applications.
121. Whilst residents have raised concerns over the prevention of access to the rear of their property whilst the residents have enjoyed such access they do not have a right of access from this land.
122. Reference to conflict with the Local Development Framework are noted however there is no such Framework in place in County Durham.
123. It is noted that local residents consider the current use of the land is effectively as that of a village green. However an application to register the land as Village Green has not been received and cannot be made unless this application is withdrawn, is declined to be determined, refused and dismissed at appeal or where planning permission is approved and expired.
124. With regards to concerns raised about the security issues and access for the allotments, the security situation is unlikely to worsen as there would be surveillance from the rear of properties.
125. Despite comments raised by the objectors it is not considered that the development will lead to crime/vandalism.
126. One of the local residents has claimed ownership of part of the land at the rear of the premises where the developer intend to build, however both the developer and the land owner (DCC) dispute this having viewed the Land Registry Title and without evidence to the contrary the ownership certification is considered to be correct .
CONCLUSION
127. The application is acceptable in principle representing a low cost housing scheme on a sustainable site in a residential area within Kimblesworth with good links to the surrounding areas. Further material benefits would be realised in the form of the development providing good quality energy efficient modern accessible housing to meet a local need. The residential amenity impacts are acceptable and adequate amenity would be afforded to future residents subject to appropriate conditions.
128. It is considered that the design, layout and density is acceptable in its context, taking account of opportunities, constraints and the context of the area in which it sits. Importantly, this is the scheme which is financially viable and deliverable in the immediate future.
129. The proposal has acceptable highways implications and conditions can ensure appropriate road and parking standards. The impacts upon protected species are acceptable subject to suggested conditions.
130. Appropriate site drainage and land safety and stability can be ensured via condition. 131. The loss of the existing open space is considered to be acceptable as is the provision of a financial payment in lieu of provision to fund the improvement and diversification of existing open spaces nearby.
132. Careful and thorough consideration has been given to the concerns in terms of impacts upon trees and proposed landscaping and permeability and these have been taken into account and addressed in detail and these amended details within the scheme are now considered acceptable.
RECOMMENDATION
That the application be APPROVED subject to the applicant entering into a s.106 agreement to secure the financial contribution of £23,000 for play provision or open space improvements/maintenance in the local area and subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
2. The development hereby approved shall be carried out in strict accordance with the following approved plans: Drawing No Date GH43:L:03E 3/11/2015 GH43:L:04E 3/11/2015 GH43:L:01E 3/11/2015 GH43:L:02 3/11/2015 202/1F 27/07/2015 304/1E 27/07/2015 311/1A 27/07/2015 309/1E 27/07/2015 403/1H 27/07/2015 201/1F 27/07/2015 307/1A 27/07/2015 401/1G 27/07/2015 SD700 Rev A 27/07/2015
Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9, HP17 and T15 of the Chester-le Street District Local Plan 1996 (saved 2009)
3. The wall and roof materials for the approved dwellings shall be as detailed on the approved plans.
Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policies HP6, HP9, HP17 and T15 of the Chester-le Street District Local Plan 1996 (saved 2009). 4. The development shall be constructed in accordance with Standard Assessment Procedure calculations dated 2/09/2015.
Reason: To meet the requirements of NPPF part 10 in providing appropriate sustainable on-site technologies and addressing the wider sustainability issues of the site
5. Notwithstanding the drainage details submitted no development shall take place before a scheme for the provision of surface water and foul drainage works have been submitted to and approved in writing by the Local planning authority. The drainage shall be completed in accordance with the details and timetable agreed.
Reason: To ensure proper drainage of the site in accordance with the NPPF.
6. No development shall commence on site until a Construction Method Statement , which shall include the following: a) measures to control the emission of noise, dust and dirt during construction; b) a scheme for the recycling/disposing of waste materials resulting from the works c) measures to prevent the spread of Japanese Knotweed.
has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall be adhered to throughout the construction period.
Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policy HP9, HP17 and T15 of the Chester-le Street District Local Plan 1996 (saved 2009)
7. No construction/demolition activities, including the use of plant, equipment and deliveries, which are likely to give rise to disturbance to local residents should take place before 0800 hours and continue after 1800 hours Monday to Friday, or commence before 0800 hours and continue after 1300 hours on Saturday. No works should be carried out on a Sunday or Bank Holiday.
Reason: To define the consent and ensure that a satisfactory form of development is obtained in accordance with Policy HP9, HP17 and T15 of the Chester-le Street District Local Plan 1996 (saved 2009)
8. Upon completion of the remedial works, a Phase 4 Verification Report (Validation Report) confirming the objectives, methods, results and effectiveness of all remediation works detailed in the Phase 3 Remediation Strategy shall be submitted to and agreed in writing with the Local Planning Authority within 2 months of completion of the development.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risk to workers, neighbours and other offsite receptors in accordance with NPPF Part 11.
9. No development shall commence before both the shallow coal workings and the mine entry have been stabilised in accordance with the recommendations of the Phase I and II Geo-Environmental Site Investigation and Risk Assessment by Roberts Environmental Limited dated September 2014. Reason: To ensure that risks from historic mining to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risk to workers, neighbours and other offsite receptors in accordance with NPPF Part 11.
10.Trees that are to be removed shall only be removed outside of the bird breeding season (March to August inclusive), or no trees shall be removed before an ecologist has confirmed in writing that the trees have been inspected within a 48 hour period prior to their removal and that no birds or nests or present. This written record shall be submitted to the Local Planning Authority prior to the removal of the trees.
Reason: to ensure the interests of species protected by law are fully taken into account through the development process, in accordance with part 11 of the NPPF.
11.All planting, seeding or turfing in the approved details of the landscaping scheme shall be carried out in the first available planting season following the practical completion of the development.
Reason: In the interests of the visual amenity of the area and to comply with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009).
12.No construction work shall take place, nor any site cabins, materials or machinery be brought on site until all trees and hedges, indicated on the approved tree protection plan as to be retained, are protected by the erection of fencing, placed as indicated on the plan and comprising a vertical and horizontal framework of scaffolding, well braced to resist impacts, and supporting temporary welded mesh fencing panels or similar approved in accordance with BS.5837:2012.
No operations whatsoever, no alterations of ground levels, and no storage of any materials are to take place inside the fences, and no work is to be done such as to affect any tree.
No removal of limbs of trees or other tree work shall be carried out.
No underground services trenches or service runs shall be laid out in root protection areas, as defined on the Tree Constraints Plan.
Reason: In the interests of the visual amenity of the area and to comply with Policies HP6, HP9 and HP17 of the Chester-le Street District Local Plan 1996 (saved 2009).
13.No development shall commence until plans showing full engineering details of the proposed estate roads have been submitted to and approved by the local planning Authority. The estate roads shall be constructed before the occupation of the approved dwellings.
Reason: In the interests of highway safety to comply with Policy T15 of the Chester- Le-Street Local Plan.
14.The car parking spaces/garages as approved shall be constructed and available for use prior to the occupation of the dwelling to which they relate.
Reason: In the interests of highway safety to comply with Policy T15 of the Chester- Le-Street Local Plan. STATEMENT OF PROACTIVE ENGAGEMENT
The Local Planning Authority in arriving at its decision to approve the application has, without prejudice to a fair and objective assessment of the proposals, issues raised and representations received, sought to work with the applicant in a positive and proactive manner with the objective of delivering high quality sustainable development to improve the economic, social and environmental conditions of the area in accordance with the NPPF. (Statement in accordance with Article 35(2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.)
BACKGROUND PAPERS
Submitted plans, information and application forms National Planning Policy Framework National Planning Practice Guidance Chester-le-Street Saved Local Plan Policies Application Site
Erection of 23 no. 2, 3 and 4 bedroom two storey dwellings with associated works
Planning Services Land South Of Hawthorn Close Kimblesworth
Application Number DM/15/02340/FPA This map is based upon Ordnance Survey material with the Comments permission of Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005 Date November 2015 Scale