Agenda item

Report of the Corporate Director – Community Development Services

Considered :-

 

The Assistant Director Planning – Community Development Services sought determination of a planning application for full planning permission for proposed development to erect a new community building including food preparation areas and attached multi-use space 1212 sq. m (use class E and F1), a covered external canopy 444 sq. m, creation of new public square and mini-plaza (1724 sq. m), car parking and delivery bay, external plant room, bin store and covered cycle shelter, 6.0m high lighting columns and building mounted lighting, 2.0m high perimeter fencing and gates, removal of trees, associated earthworks, hard and soft landscaping and to include demolition of buildings on site at land to the East of 42-44 Richmond Road, Catterick for North Yorkshire Council Assistant Director Community Development.

 

During consideration of the above application, the Committee discussed the following issues:-

·           The impact on the A6136 and the surrounding communities.

·           Concerns in relation to litter and the potential impact on the nearby beck in relation to pollution.

·           The condition of the general area and the buildings to be demolished, with specific reference to the potential for the presence of asbestos.

 

The Decision :-

 

That planning permission be GRANTED subject to the conditions detailed in the report, as amended and the additional conditions set out below.

 

Voting Record

 

A vote was taken and the motion was declared carried unanimously.

 

Removed Condition

 

Condition 3 – Contamination Remediation

No development shall be commenced until a Phase 2 Investigation of the risks posed by contamination are carried out in line with the Environment Agency’s Land Contamination; Risk Management (LCRM) and submitted to and approved in writing by the Local Planning Authority.

 

If the Phase 2 Investigation does identify an unacceptable risk of harm to people or environment or property a Remediation Strategy must be submitted to and agreed by the local planning authority prior to works within 20m of the identified contamination. The buildings hereby approved shall not be occupied until the approved Remediation Strategy has been implemented and a Verification Report detailing all works carried out and testing as required has been submitted to and approved in writing by the Local Planning Authority.

 

Amended Conditions

 

Condition 2 – Approved Plans

The development hereby permitted shall be carried out precisely in accordance with the approved drawings and particulars as set out below, together with any conditions attached to this approval which may require any variation thereof:

 

a)         application form and certificates

b)         site Location plan ref. NY2205-APP-XX-ZZ-DR-A-000005, rev. P3

c)         General Arrangement Site Plan, ref. NY2205-APP-XX-00-DR-A-000090, rev. P5

d)         proposed site plan sheet 2, ref. NY2205-APP-XX-00-DR-A-000092, rev. P6

e)         External works and Hard landscaping Plan sheet 1, ref. NY2205-APP-XX-00-DR-A-090100, rev. P6

f)          External works and Hard landscaping Plan sheet 2, rev. P6

g)         Catterick Community and Enterprise Centre- Ground Floor Plan, ref. NY2205-APP-XX-00-DR-A-010100 rev. P9

h)         Catterick Community and Enterprise Centre- First Floor Plan, NY2205-APP-XX-00-DR-A-010101 rev. P10

i)          Catterick Community and Enterprise Centre- Second Floor Plan, ref. NY2205-APP-XX-00-DR-A-010102 rev. P10

j)          Catterick Community and Enterprise Centre- Roof Plan, ref. NY2205-APP-XX-00-DR-A-010103 rev. P3

k)         North and East Elevation CCEC, rev. NY2205-APP-XX-00-DR-A-010200 rev. P9

l)          South and West Elevations CCEC and Multi-Purpose Space, rev. NY2205-APP-XX-00-DR-A-010201 rev. P9

m)       East Elevation CCEC and Multi-Purpose Space ref. NY2205-APP-XX-00-DR-A-010202 rev. P9

n)         Waste Management Strategy, ref. NY2205-APP-XX-ZZ-DR-A-007110 rev. P4

o)         Proposed Block Plan, ref. NY2205-APP-XX-ZZ-DR-A-090114, rev. P4

p)         Proposed Site Plan – Coloured ref. NY2205-APP-XX-ZZ-DR-A-090117 rev. P3

q)         Proposed Access and Connectivity Works within Coronation Park Sheet 1 ref. NY2205-APP-XX-ZZ-DR-A-090120 rev. P3

r)          Proposed Access and Connectivity Works within Coronation Park Sheet 2 ref. NY2205-APP-XX-ZZ-DR-A-090121 rev. P3

s)         Proposed Tracking, ref. NY2205-APP-XX-ZZ-DR-A-090123 rev. P1

t)          Landscape General Arrangement ref. BHA_23_1008_APP_L 001 rev D

u)         Landscape General Arrangement Detail Area A ref. BHA_23_1008_APP_L 002 rev D

v)         Landscape General Arrangement Detail Area B ref. BHA_23_1008_APP_L 003 rev. D

w)        Landscape General Softworks Layout Sheets 1 of 5, ref. BHA_23_1008_APP_L 004 rev. E

x)         Landscape General Softworks Layout Sheet 2 of 5 ref. BHA_23_1008_APP_L 005 rev. E

y)         Landscape General Softworks Layout Sheet 3 of 5 ref. BHA_23_1008_APP_L 006 rev. D

z)         Landscape General Softworks Layout Sheet 4 of 5 ref. BHA_23_1008_APP_L 007 rev. F

aa)      Landscape General Softworks Layout Sheet 5 of 5 ref. BHA_23_1008_APP_L 008 rev. F

bb)      Play Area Strategy - Play Area Location Plan ref. BHA_23_1008_APP_L 009 rev. D

cc)      Play Area Strategy - Detail Areas – Squirrel ref. BHA_23_1008_APP_L 010 rev. C

dd)      Play Area Strategy - Detail Areas - Hedgehog, Café, Junior ref. BHA_23_1008_APP_L 011 rev. C

ee)      Play Area Strategy - Detail Areas – Active ref. BHA_23_1008_APP_L 012 rev. C

ff)         Play Area Strategy - Detail Area - Woodland & Skate Park ref. BHA_23_1008_APP_L 013 rev. B

gg)      External Levels Plan ref. NY2205-APP-90-DR-C-2400 rev. P02

hh)      Surface Water Management Plan ref. NY2205-APP-90-DR-C-3500 rev. P02

ii)         Drainage Layout ref. NY2205-APP-92-DR-C-2500 rev. P02

jj)         External Lighting ref. NY2205 APP-XX-00-DR-E-000609 rev. P2

kk)      Road Lighting Layout - Catterick LUF Project 1, rev. B

ll)         Arboricultural Impact Assessment, ref. SF3409 – AIA, rev. A

mm)   Tree Constraints Plan, ref. SF3409-TC01, rev. A

nn)      Woodland Management Plan, ref. SF3409-WMP01, rev. A

oo)      Waste Management Strategy, ref. NY2205-APP-XX-00-RP-A-005, ref. P1

pp)      Photographs ref. NY2205-APP-XX-00-RP-A-002, ref. P2

qq)      Design and Access Statement, ref. NY2205-APP-XX-00-RP-A-006, ref. P02

rr)        Archaeological Desk Based Assessment, rev. A

ss)      Heritage Impact Assessment, rev. 3

tt)         Acoustic Appraisal Report, ref. J004544-7264-LK-01, rev. 1

uu)      Flood Risk Assessment, ref. NY2205-APP-00-XX-RP-C-1001, rev. P02

vv)      Preliminary Ecological Appraisal, EcIA Issued December 2023

ww)    Energy Statement, rev. A

xx)      Ventilation and Extraction Statement, rev. A

yy)      Arboricultural Survey Report:BS5837:2012, rev. A

zz)      SuDS Maintenance Report, ref. NY2205-APP-92-XX-RP-C-1002, rev. P01

aaa)   Engineering Desk Study, ref. 20257-R-001-V02, rev. V01

bbb)   Method of Demolition, dated in system December 2023

ccc)    DEFRA Biodiversity Metric Auditing and Accounting Tool Spreadsheet SF3409

ddd)   Biodiversity Net Gain Assessment Report, November 2023

eee)   Propose Boundary Treatment Plan re. NY2205-APP-XX-ZZ-DR-A-090127, rev. P1

 

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition 6 - Ecology (discharge required)

No development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) split into two phases (a) demolition and (b) everything else has been submitted to and approved in writing by the local planning authority.

 

The CEMP (Biodiversity) shall include the following.

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of “biodiversity protection zones”.

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

The construction works shall thereafter take place in complete accordance with the approved CEMP (Biodiversity).

 

Reason: To ensure that adequate steps are taken throughout the course of the development process to mitigate the impacts on ecology and biodiversity and achieve an overall biodiversity net gain.

 

Condition 7 - Construction Environmental Management Plan (discharge required)

Prior to the commencement of any part of the development a two-phase Construction Environmental Management Plan split into two phases (a) demolition and (b) everything else including details of best practicable means to minimise noise and dust shall be submitted to and approved in writing by the Local Planning Authority. 

 

Unless otherwise agreed by the Local Planning Authority, the Construction Environmental Management Plan shall ensure that construction works (including any deliveries of construction materials) for the development do not take place outside the hours of 8.00 a.m. to 6.00 p.m. on weekdays and 9.00 a.m. to 1.00 p.m. on Saturdays.  Furthermore, it should ensure that no construction works or deliveries of construction materials take place on Sundays or Bank Holidays. Any waste exemption plans may require an environmental permit.

 

The Management Plan shall also ensure that site compounds and fixed item of plant such as compressors are located away from the nearest residential property.

 

Thereafter the approved Construction Environmental Management Plan for the development shall be implemented during all construction works unless otherwise varied in writing by the Local Planning Authority.

 

Reason: In the interests of the amenities of local residents and to mitigate the impacts of noise and dust during construction works.

 

Condition 8 - Lighting - Biodiversity and Amenity

Prior to the first use/occupation of the building or first use of any proposed play areas, a permanent lighting design strategy which has consideration for biodiversity and residential amenity shall be submitted to and approved in writing by the local planning authority. The strategy shall: a) identify those areas/features on site that are sensitive to lighting and b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that sensitive areas/features will not be impacted by lighting. Specific reference to an affected species.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason: To ensure that new lighting minimises light pollution in the interests of residential amenity and is also sensitive to ecological interests.

 

Condition 9 – LEMP (discharge required)

Prior to erection of any external walls of the buildings hereby approved or first occupation of the play areas approved, a landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by the local planning authority. Specific reference to an affected species.

The content of the LEMP shall include the following:

 

a)    Description and evaluation of features to be managed.

b)    Ecological trends and constraints on site that might influence management.

c)    Aims and objectives of management.

d)    Appropriate management options for achieving aims and objectives.

e)    Prescriptions for management actions.

f)     Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

g)    Details of the body or organization responsible for implementation of the plan.

h)    Ongoing monitoring and remedial measures.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details

 

Reason: This condition is necessary to ensure the protection of wildlife and management of supporting habitat.

 

Condition 13 – Cycle Parking

a)     Within 3 months of commencement of development on any approved play area, a cycle parking scheme for the play areas shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be delivered prior to first use of the play areas to which they are designated to serve.

 

       The approved play areas cycle parking shall be erected/installed prior to first use of the play areas.

 

b)    Prior to first occupation of the building(s) hereby approved details of short stay visitor cycle parking to be provided outside the building(s) shall be submitted to and approved in writing by the Local Planning Authority.

 

       The approved short stay visitor cycle parking shall be erected/installed prior to first use/occupation of the building hereby approved.

 

Once the play areas and buildings are first used/occupied the associated cycle parking areas shall be retained, maintained and clear from any obstruction for the lifetime of development.

 

Reason: To facilitate sustainable travel and health communities and ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development.

 

Condition 22 - Construction Management Plan

No development for any phase of the development shall commence until a Construction Management Plan for that phase has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development phase must be undertaken in accordance with the approved Construction Management Plan. The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:

 

·           Details of any temporary construction access to the site including measures for removal following completion of construction works.

·           Wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway.

·           The parking of contractors’ site operatives and visitor’s vehicles clear of the highway.

·           Areas for storage of plant and materials used in constructing the development clear of the highway.

·           Measures to manage the delivery of materials and plant to the site including routing and timing of deliveries and loading and unloading areas.

·           Protection of carriageway and footway users at all times during demolition and construction.

·           Protection of contractors working adjacent to the highway.

·           Details of the erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate.

·           A detailed method statement and programme for the building works.

·     Contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

 

No construction works or deliveries shall take place outside 8.00 a.m. to 6.00 p.m. on weekdays excluding bank holidays and 9.00 a.m. to 1.00 p.m. on Saturdays, without the first written consent of the Local Planning Authority.

 

For the avoidance of doubt, demolition works may constitute a separate phase.

 

Reason: In the interest of public safety and amenity

 

Additional Conditions

 

Condition 23 - New and Altered Private Access

The development must not be brought into use until the access to the site has been set out and constructed in accordance with the ‘Specification for Housing and Industrial Estate Roads and Private Street Works” published by the Local Highway Authority or any such other specification agreed in writing with the Local Highway Authority and the following requirements:

 

·     Any gates or barriers must be erected a minimum distance of 6 metres back from the carriageway of the existing highway and must not be able to swing over the existing or proposed highway.

 

·     Provision to prevent surface water from the site/plot discharging onto the existing or proposed highway must be constructed and maintained thereafter to prevent such discharges.

 

·     Measures to enable vehicles to enter and leave the site in a forward gear. All works must accord with the approved details.

 

Reason: To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users.

 

Condition 24 - Delivery of Off-Site Highway Works

Prior to commencement of development, excluding demolition and restoration works, a programme for the delivery of off (and on) site highways works as listed A to D below including its interaction with delivery of the other identified schemes shall be submitted to and approved in writing by the Local Planning Authority. Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme.

 

a)     The realignment/ narrowing of the carriageway of Shute Road and widening of the footways. The introduction of informal crossing facilities, street trees and lighting improvements.

b)     Improvements to the signalised junction of A6136 (Richmond Road) and Gough Road to improve pedestrian crossing facilities.

c)      The upgrade of the existing puffin crossing to the to the south of the southern Shute Road/ A6136 (Richmond Road) junction to a toucan crossing to improve cycle crossing facilities. This will be supported by localised cycle infrastructure improvements on the eastern side of A6136 (Richmond Road).

d)     Localised works to the footway and kerb line outside 32-34 Richmond Road to remove the redundant vehicle crossover.

 

For each scheme of highway works listed above, no excavation or other groundworks or the depositing of material on site in connection with the construction of any of the schemes or any structure or apparatus which will lie beneath that scheme shall take place, until full detailed engineering drawings of all aspects of that scheme including any structures which affect or form part of the scheme have been submitted to and approved in writing by the Local Planning Authority. Each off (and on) site highways works shall be completed in full accordance with the approved details.

 

An independent Stage 2 Road Safety Audit carried out in accordance with GG119 - Road Safety Audits or any superseding regulations must be included in the submission and the design proposals must be amended in accordance with the recommendations of the submitted Safety Audit prior to the commencement of each highways works.

 

Reason: To ensure that the design is appropriate in the interests of the safety and convenience of highway users.

 

Condition 25- Provision of Turning, Parking and Servicing Areas

No part of the development must be brought into use until the parking (car and bicycle), manoeuvring, turning and servicing areas for all users have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose for the lifetime of the development.

 

Reason: To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development

 

Condition 26- Car Parking Management Plan

Prior to the first occupation of the development, a Car Parking Management Plan must be submitted to and approved in writing by the Local Planning Authority. As a minimum the management plan will include:

 

·           Details of how the on-site car parking will be allocated to the different users/ tenants/ visitors of the development and how this allocation will be secured/ managed.

·           Details of the car parking arrangements for those attending events, including details of how these arrangements will be communicated to attendees.

·           A programme for the delivery of any proposed physical works.

·           Effective measures for the on-going monitoring and review of the Car Parking Management Plan for the lifetime of the development.

·           Effective mechanisms to achieve the objectives of the Car Parking Management Plan by both present and future occupiers of the development.

 

The development must be carried out and operated in accordance with the approved Car Parking Management Plan. Those parts of the Approved Car Parking Management Plan that are identified therein as being capable of implementation after occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented for the lifetime of the development.

 

Condition 27 – Travel Plans

Prior to the first occupation of the development, a Travel Plan must be submitted to and approved in writing by the Local Planning Authority. The Travel Plan will include:

 

·           Agreed targets to promote sustainable travel and reduce vehicle trips and emissions within specified timescales and a programme for delivery.

·           A programme for the delivery of any proposed physical works.

·           Effective measures for the on-going monitoring and review of the travel plan.

·           A commitment to delivering the Travel Plan objectives for a period of at least five years from first occupation of the development.

·           Effective mechanisms to achieve the objectives of the Travel Plan by both present and future occupiers of the development.

 

The development must be carried out and operated in accordance with the approved Travel Plan.

 

Those parts of the Approved Travel Plan that are identified therein as being capable of implementation after occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented for the lifetime of the development.

 

Reason: To establish measures to encourage more sustainable non-car modes of transport.