REDCAR AND CLEVELAND BOROUGH COUNCIL
PLANNING COMMITTEE (DEVELOPMENT MANAGEMENT)
COMMITTEE DATE: 26/02/2009
LIST:
D
APPLICATION NUMBER: R/2009/0029/FF
Application For: CONSTRUCTION OF 4 FLATS WITH ASSOCIATED CAR
PARKING
At:
LAND AT THE JUNCTION OF RIEVAULX ROAD/ JERVAULX
ROAD, SKELTON
PROPOSAL
Planning permission is sought for the erection of a block of 4 flats together with
associated car parking on land at the junction Rievaulx Road and Jervaulx Road,
Skelton. Residential development lies to the north, south and west and this comprises
both bungalows and two-storey development. To the east is Layland Beck and its
environs. This site currently forms part of a larger area of amenity land that is grassed
and accommodates a number of trees. An area to the west, to the south of 23 Kirkstall
Court a separate application (R/2009/0028/FF) proposes a pair of semi-detached
dwellings
DEVELOPMENT PLAN
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that
applications for planning permission be determined in accordance with the development
plan unless material considerations indicate otherwise.
Redcar and Cleveland Local Development Framework
CS6 – Spatial Strategy for East Cleveland and the Villages
CS17 – Housing Density
CS19 – Delivering Inclusive Communities
CS20 – Promoting Good Design
DP1 – Development Limits
DP2 – Site Selection
DP3 – Sustainable Design
DP7 – Potentially Contaminated and Unstable Land
OTHER POLICY DOCUMENTS
PPS1 – Delivering Sustainable Development
PPS3 – Housing
PPS23 – Planning and Pollution Control
PPG13 – Transport
OTHER CONSIDERATIONS
This application has been the subject of local consultation and has been advertised by
means of a site notice. As a result 6 letters/e-mails have been received from the
occupants of 20 (2 e-mails) and 22 (2 letters) Kirkstall Court and 146 Rievaulx Road,
Skelton and one undressed letter making the following comments:
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Loss of attractive green open space that adds to the attractiveness of the
surroundings.
Disagree with the application that the trees do not add to the local character
landscape.
Will lead to increased noise and traffic and less open space for the children to
play safely. The junction of Rievaulx Road and Jervaulx Road will become more
of a hazard to both pedestrians and motorists.
The development would reduce current residents access to open green space.
This is the only green area easily accessible to local people. It is well used by
local children. The area between Layland Estate and Rievaulx Road being
developed as a park is completely inaccessible to the elderly and disabled.
Would it be more appropriate to purchase existing empty/for sale houses and
thereby alleviate in a small way the problems within the housing market and at
the same time saving the ‘green land’.
The proposed flats will heavily impact upon the existing properties in Kirkstall
Court not least by blocking the view.
Loss of view, open outlook, privacy and sunlight.
Loss of trees (they are at least 31 years old).
A petition signed by 39 people has also been received objecting to the development on
the grounds of: loss of outlook, loss of light to house and gardens, loss of safe
environment for younger children and increase in noise from potential residents.
Northumbrian Water
Note that there is a public sewer within the application site. However, it is possible to
accommodate the development to protect the sewer.
Highways and Transportation
Raise no objections to the proposal.
Advise that all vehicle areas are to be bound (the use of a permeable surface is
recommended. The fall of the driveways should not discharge any water onto the
adjacent adopted highway.
The parking spaces should be available prior to the occupation of any dwelling within
the development.
Details of contractor’s car parking and materials storage compound should been agreed
prior to the commencement of construction.
Details of a scheme to prevent the deposit of mud/debris from being deposited on the
highway and a traffic management plan shall be submitted for approval prior to the
commencement of construction.
At no point during construction should the highway be blocked or obstructed without the
prior agreement of the Highway Authority.
A joint condition survey of the surrounding adopted highway with the developer,
contractor and Highway Authority should be undertaken prior to the commencement of
works.
The developer should contact the Council’s Naming and Numbering Officer on 01287
612538 to make arrangements for the correct postal address for the development.
For the extended driveway crossing the developer is advised to contact Highway
Maintenance on 01287 612590.
Environmental Protection
The proposed development has an old landfill located 250 metres to the northeast of the
site. There is also an old railway and a rail yard and depot located 240 metres to the
northeast of the site. These were all associated with the mining operations carried out in
the area. Suggest a contaminated land condition be imposed.
Conditions relating to construction and delivery hours, no burning of waste and
temporary and permanent lighting are recommended.
Arborist
The arborist has inspected the trees at this site and the adjacent one (subject to a
separate application under reference R/2009/0028/FF). The advice is that the trees are
all in reasonable condition. Although of medium value, they are not of sufficient amenity
value to warrant further protection.
It is recommended that the trees to be retained be protected and the Heras type fencing
be erected outside the root zone to protect against ground compaction and physical
damage. The specifications are outlined in BS5837.
It is recommended that at least 5 extra heavy standard Whitebeam trees be planted to
replace lost specimens.
REASONED ARGUMENT
Planning permission is sought for a development comprising a two-storey block of 4
flats on land at the junction of Rievaulx Road with Jervaulx Road, Skelton. The land is
currently amenity land grassed that accommodates a number of trees .The
development would be situated to the south of Fountains Court and east of Kirkstall
Court. The Layland Beck area lies to the east. Parking providing 6 spaces would be
accessed directly from Rievaulx Road. Planning policy seeks to achieve development
that would not create conditions prejudicial to the character or appearance of the area,
residential amenity, the aims of sustainability, highway safety and crime prevention.
The prevailing environment is residential the development being two storey to the
immediate north and west and bungalows to the south. This development would have a
simple design with a gable and Juliet balcony feature on the front (east) elevation and a
Juliet balcony on the side (south) side. Two doors would be within the north side
elevation and two within the front (east) elevation. The elevations would be finished with
a mix of render and facing bricks. A portion of the amenity area would remain following
development and the applicant’s agent has agreed that a condition requiring additional
tree planting is acceptable. Given the prevailing environment it is considered that this
proposal would not materially harm the appearance of this area.
The building would, at its closest, be approximately 13 metres from its southwest corner
to 23 Kirkstall Court; it would then be angled away from the dwellings fronting Kirkstall
Court. The rear (west) elevation of the flats would contain only high level or obscure
glazed windows. Although a tight relationship it is considered that the impacts on the
living conditions of the occupiers of those dwellings would be so great as to warrant a
recommendation to refuse. This building would be some 16 metres to the south of
dwellings fronting Fountains Court. There would be no habitable windows within the
north elevation and apart from two doors the windows serve the stairwell or corridor.
These may be required to be obscure glazed by the imposition of a condition. Again it is
considered that the impacts of the development are not so great as to warrant a
recommendation of refusal. In all other respects the application proposal has a
satisfactory relationship with surrounding development.
The application proposes 6 car parking spaces accessed directly from Rievaulx Road.
This level of parking and is location is considered satisfactory by the Council, as
Highway Authority. There is no evidence to suggest that the arrangements are not
acceptable.
The proposed development has an old landfill located 250 metres to the northeast of the
site. There is also an old railway and a rail yard and depot located 240 metres to the
northeast of the site. These were all associated with the mining operations carried out in
the area. It is suggested that suitable conditions be imposed regarding possible
contamination.
There are no objections to this development on flooding or drainage grounds.
The advice of the arborist is that the trees are all in reasonable condition. Although of
medium value, they are not of sufficient amenity value to warrant further protection. It is
recommended that the trees to be retained should be protected in accordance with
BS5837.
This development is close to local facilities and local bus services. Conditions are
advised with regard to renewable energy and the Code for Sustainable Homes. It is
considered that the proposal meets policy aims with regard to sustainability.
The site would benefit from passive surveillance and the existing footways are lit. This
development would not materially harm the aims of policy with regard to crime
prevention.
RECOMMENDATION:
Taking into account the contents of the report the recommendation is to GRANT
planning permission subject to the following conditions:
(1) The development shall not be begun later than 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.
(2) Prior to the first occupation of the development boundary walls and fences shall
have been erected in accordance with a scheme that has first been agreed in writing
with the Local Planning Authority and shall thereafter be maintained.
REASON: In the interests of visual and residential amenity.
(3) The dwelling(s) hereby approved shall achieve a Code Level 3 in accordance with
the requirements of the Code for Sustainable Homes: Technical Guide. No dwelling
shall be occupied until a Final Code Certificate has been issued for it certifying that
Code Level 3 has been achieved.
REASON: In order to achieve a sustainable development.
(4) The working hours for all construction activities including deliveries and collections
during construction on this site are limited to between 08:00 and 18:00 Mondays to
Friday and 08:00 to 13:00 Saturdays and not at all on a Sunday or Bank Holidays.
REASON: In the interest of neighbour amenity.
(5) Site Investigation Report (Desk Study)
An investigation and risk assessment, in addition to any assessment provided with the
planning application, must be completed in accordance with a scheme to assess the
nature and extent of any contamination on the site, whether or not it originates on the
site. The contents of the scheme are subject to the approval in writing of the Local
Planning Authority. The investigation and risk assessment must be undertaken by
competent persons and a written report of the findings must be produced. The written
report is subject to the approval in writing of the Local Planning Authority. The report of
the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
- human health,
- property (existing or proposed) including buildings, crops, livestock, pets, woodland
and service lines and pipes,
- adjoining land,
- groundwaters and surface waters,
- ecological systems,
- archeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s
‘Model Procedures for the Management of Land Contamination, CLR 11’.
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 risks to workers, neighbours and other offsite receptors.
(6) Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the intended
use by removing unacceptable risks to human health, buildings and other property and
the natural and historical environment must be prepared, and is subject to the approval
in writing of the Local Planning Authority. The scheme must include all works to be
undertaken, proposed remediation objectives and remediation criteria, timetable of
works and site management procedures. The scheme must ensure that the site will not
qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in
relation to the intended use of the land after remediation.
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 risks to workers, neighbours and other offsite receptors.
(7) Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms
prior to the commencement of development other than that required to carry out
remediation, unless otherwise agreed in writing by the Local Planning Authority. The
Local Planning Authority must be given two weeks written notification of
commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a
verification report (referred to in PPS23 as a validation report) that demonstrates the
effectiveness of the remediation carried out must be produced, and is subject to the
approval in writing of the Local Planning Authority.
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 risks to workers, neighbours and other offsite receptors.
(8) Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved
development that was not previously identified it must be reported in writing immediately
to the Local Planning Authority. An investigation and risk assessment must be
undertaken in accordance with the requirements of condition 1, and where remediation
is necessary a remediation scheme must be prepared in accordance with the
requirements of condition 2, which is subject to the approval in writing of the Local
Planning Authority.
Following completion of measures identified in the approved remediation scheme a
verification report must be prepared, which is subject to the approval in writing of the
Local Planning Authority in accordance with condition 3.
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 risks to workers, neighbours and other offsite receptors.
(9) Prior to the commencement of development, details shall be submitted to and
agreed in writing by the Local Planning Authority, of proposals to provide contractors car
parking and material storage within the site. The details approved shall be retained for
use until completion of the development unless first agreed in writing with the Local
Planning Authority.
REASON: In the interest of highway safety.
(10) A landscaping scheme shall be submitted to, and approved in writing by, the Local
Planning Authority prior to the commencement of development. The details shall
include size, type and species of plant and indicate the proposed layout and surfacing of
all open areas. A programme of work should also be submitted and implemented in
accordance with the approved details.
REASON: To reserve the rights of the Local Planning Authority with regard to these
matters.
(11) All planting, seeding or turfing comprised in the approved details of landscaping
shall be carried out in the first planting and seeding season following the occupation of
the buildings or the completion of the development, whichever is sooner, and any trees
or plants which within a period of five years from the completion of the development die,
are removed, or become seriously damaged or diseased shall be replaced in the next
planting season with others of similar size and species unless the Local Planning
Authority gives written consent to any variation.
REASON: To ensure the satisfactory implementation of the approved scheme in the
interests of the visual amenities of the locality.
(12) Details of the external materials to be used in the carrying out of this permission
(including samples) shall be submitted to, and approved in writing by the Local Planning
Authority, prior to the commencement of development and the development shall not be
carried out except in accordance with the approved details.
REASON: To ensure the use of satisfactory materials.
(13) Details of materials to be used for all hard surfaces shall be submitted to, and
approved in writing by the Local Planning Authority, prior to the commencement of the
development and the development shall not be carried out except in accordance with
the approved details.
REASON: To ensure the use of satisfactory materials.
(14) Prior to the commencement of development a scheme for preventing the
deposition of mud/debris on the highway shall be submitted to and approved in writing
by the Local Planning Authority. The approved scheme shall be implemented in its
entirety and adhered to for the lifetime of the construction period.
REASON: In the interests of highway safety.
(15) The proposed parking spaces shall be available for use prior to the occupation of
the dwelling(s) to which they relate and thereafter shall be retained.
REASON: In the interests of highway safety.
(16) A minimum of 10% of the sites energy requirements shall be provided by
embedded renewable energy, unless otherwise first agreed in writing with the Local
Planning Authority.
REASON: In the interests of sustainability.
(17) Prior to the commencement of development a Traffic Management Plan shall be
submitted to and agreed in writing with the Local Planning Authority. The scheme
hereby approved shall then be implemented in accordance with the details provided
within the travel plan unless first agreed in writing with the Local Planning Authority.
REASON: In the interest of highways safety.
(18) The landscaping scheme required by Condition 10 above shall incorporate 5
replacement trees.
REASON: To ensure the continued presence of trees at this site.
(19) The development hereby approved shall be built in accordance with the amended
plan(s) (Plan No. P04 (A) Rev A) received by the Local Planning Authority on 13
February 2009 unless first agreed in writing with the Local Planning Authority.
REASON: For the avoidance of doubt.
(20) The glazing in the proposed windows in the north and west elevations of the
hereby approved development shall be obscured and thereafter retained as such at all
times.
REASON: To prevent overlooking of neighbouring properties.
(21) Prior to first occupation of the building hereby approved details of all external
lighting and secure cycle and bin storage (for a minimum of 4 cycles) shall be submitted
to, and approved in writing by the Local Planning Authority. The details approved shall
thereafter be retained unless first agreed in writing with the Local Planning Authority.
REASON: To ensure a satisfactory form of development.