DELEGATED
/AGENDA NO
PLANNING COMMITTEE
DATE 31st OCTOBER 2007
REPORT OF CORPORATE DIRECTOR,
DEVELOPMENT AND NEIGHBOURHOOD SERVICES07/2360/OUT
Land at Boathouse Lane, (Northern Machine Tools Engineering), Stockton-on-Tees
Outline application for residential development including restaurant, riverside walkway and emergency access.
Expiry Date: 6th November 2007
Summary
This application seeks Outline Planning permission for a residential led mixed-use development of part of the greater Boathouse Lane area. The application is in outline with all matters reserved except for access, scale and landscaping.
The proposal is to redevelop the 1.88 hectare site and establish the principle of residential development. The application is supported by an indicative built form Masterplan that provides a detailed layout of the scheme and should not be considered as a final proposed layout of future residential development of the site. The illustrative site layout shows provision of 118 dwelling units. Also supporting the application is a Transport Assessment, Noise Assessment, Planning Statement, Flood Risk Assessment, Site Investigation and Risk Assessment, Ecological and Archaeological Evaluation, Air Quality Assessment, Residential Travel Plan and Design and Access Statement.
The site occupies an important riverside location and forms part of a larger site known as Boathouse Lane. Given the important riverside gateway location, the Council has prepared a planning and design brief to guide future development on the site and surrounding area, which was formally adopted as a Supplementary Planning Document (SPD) in 2006. Importantly the brief seeks to deliver a high quality and commercially successful mixed-use development including residential development for the area through an established Masterplan and agreed design principles.
The key objectives of the document are:
-To ensure the appropriate, comprehensive redevelopment of a key River Tees corridor site within the wider context of the Stockton Middlesbrough Initiative;
-To create a Gateway into the town centre, including a regionally - significant landmark building;
-To create a diverse, attractive and exciting place to live work and visit;
-To ensure high quality urban design, which maximises the potential use of the water frontage location;
-To protect and enhance the natural and historic environment;
-To improve linkages with surrounding land uses.
The proposal is considered to be broadly in line with the above-mentioned key objectives and general planning policies as set out in the Development Plan and is recommended for approval with conditions.
RECOMMENDATION
RECOMMENDED that the application 07/2360/OUT be APPROVED subject to the applicant entering into a Section 106 Agreement in accordance with the Heads of Terms below and the conditions:
In the event of there still being outstanding matters with the legal agreement by 6th November 2007 that the application be refused.
SECTION 106 AGREEMENT
Heads of Terms
School Places
1. The rate of contribution required from developers for school places would be £8,000 x 0.26 = £2,080 per family home. (i.e. homes with two or more bedrooms).
Payment of developer contributions should be made at the commencement of development.
The calculation to reflect a discount of £8,000 per vacant place in St. Cuthbert’s, Bowesfield and Oxbridge Lane Primary Schools as recorded within the Annual School Census current at the time payment is due, subject to a pro-rata allocation of this discount amongst other planned development within the local area (Planned developments being proposed residential developments which have at least reached the planning application stage). Local Authority to provide within one month of a request being made its confirmation of the applicable discount by reference to the Annual School Census and specific details of other developments to benefit from the discount.
Contribution to be held in an interest-bearing account. Payment to be used for the purposes identified within 5 years of payment being made or otherwise returned together with the interest accrued.
2. A commuted lump sum of £22,000 for the provision of public transport infrastructure.
3. A commuted lump sum of £87,000 by way of a contribution towards improvements to
land adjacent South Stockton Link Road.
4. A commuted lump sum of £15,200 for improvements to the riverside footpath/cycleway
including river retention as required.
5. A commuted lump sum based on calculation for the maintenance of trees and soft
landscaping in the adopted highway.
6. Provision for Public Art either by way of commuted lump sum or provision by the
developer to a value of 1% of the total cost of the construction of the buildings within the development. Such total cost to be calculated using, in relation to the cost of construction of residential dwellings, the average construction cost of the residential dwellings; and in respect of non-residential buildings the actual basic construction cost of each such building.
Conditions:
01. The development hereby approved shall be carried out in accordance with the following approved plan(s); unless otherwise agreed in writing with the Local Planning Authority.
Plan Reference Number Date on Plan
Pod-sw-o-001-12-01 26 June 2007
Pod-sw-o-001-10-03 18 July 2007
Reason: To define the consent.
02. Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
Reason: By virtue of the provisions of Section 92 of the Town and Country Planning Act 1990.
03. Approval of details of the appearance of the buildings and layout of the site shall be in accordance with the details of the scheme to be submitted to and approved by the Local Planning Authority before the development commences.
Reason: To reserve the rights of the Local Planning Authority with regard to these matters.
04. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the latest.
Reason: By virtue of the provisions of Section 92 of the Town and Country Planning Act 1990.
05. The development shall be implemented in general conformity with the approved “Illustrative Built Form Masterplan” and Design and Access Statement submitted with the planning application unless otherwise agreed in writing by the Local Planning Authority. Nothing in this consent shall be construed as authorising the illustrative details submitted with the application other than the means of access and scale for which approval was sought.
Reason: To ensure that the Reserved Matters for the appearance and layout to be submitted are in accordance with the approved Design and Access Statement and to enable the Local Planning Authority to satisfactorily control the development.
06. The total amount of residential units as authorised by this permission shall not following the issue of the permission hereby granted exceed 118 dwellings.
Reason: To ensure a satisfactory form of development.
07. 15% of the residential units hereby approved shall be affordable and provided in the form of shared ownership and/or shared equity. As part of an application for reserved matters, details shall be submitted for approval of the Local Planning Authority of a scheme for the provision of affordable housing on the site. The submitted scheme shall include details of the following, as appropriate:
i) the delineation of the area or areas of the site upon which the affordable dwellings will be constructed;
ii) the type and size of affordable dwellings to be provided;
iii) the arrangements the developer shall make to ensure that such provision is affordable for both initial and successive occupiers;
iv) the phasing of the affordable housing provision in relation to the provision of open market housing on the site;
v) Occupancy criteria and nomination rights in relation to identified housing need.
Reason: To achieve a satisfactory form of development.
08. Prior to the occupation of the development hereby approved an emergency access
for the development shall be constructed in accordance with a detailed scheme to be
submitted and approved in writing by the Local Planning Authority.
Reason: To achieve a satisfactory form of development, in the interests of highway safety and the free flow of traffic.
09. Development shall not be commenced until details of the lighting columns, light colour and luminance, including the arrangements for the riverside and parking courts, have been submitted and approved in writing by the Local Planning Authority.
Reason: To enable the Local Planning Authority to control details of the proposed development.
10. Notwithstanding the submitted information a Residential Travel Plan shall be submitted to the Local Planning Authority and approved in writing prior to commencement of the development. The Plans shall establish clear targets and procedures for monitoring and review of such targets and implementation timetable. The Plans shall be implemented as approved.
Reason: In the interests of promoting sustainable travel and highway safety.
11. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the local planning authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority
1. A desk study identifying:
· all previous uses
· potential contaminants associated with those uses
· a conceptual model of the site indicating sources, pathways and receptors
· potentially unacceptable risks arising from contamination at the site.
2. A site investigation scheme, based on (1) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.
3. The results of the site investigation and risk assessment (2) and a method
statement based on those results giving full details of the remediation measures
required and how they are to be undertaken.
4. A verification report on completion of the works set out in (3) confirming the
remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting.
Any changes to these agreed elements require the express consent of the Local Planning Authority.
Reason: To protect controlled waters
12. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.
Reason: To protect controlled waters
13. Piling or any other foundation designs using penetrative methods will not be
permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.
Reason: To protect controlled waters
14. No development shall take place until a scheme for the boundary treatment adjacent to theRiver Teeshas been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be completed in accordance with the approved plans prior to the substantial completion of the development.
Reason: To protect and enhance the biodiversity and amenity value of the River Tees corridor.
15. Notwithstanding the submitted information details of the proposed riverside retention including calculations and maintenance shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. These works shall be completed in accordance with the approved scheme.
Reason: To enable the Local planning Authority to control details of the development and to ensure that the riverside retention can support the adopted highway.
16. Finished floor levels shall be set at 5.1 m AOD plus 600m freeboard unless otherwise agreed in writing with the LPA.
Reason: To reduce the risk from flooding.
17. The proposed development is situated within 250 metres of an old landfill site. No development approved by this permission shall be commenced until the site is investigated to determine the nature and extent of landfill gas.
The site investigation and risk assessment report shall be carried out in accordance with Guidance on Evaluation of Development proposals on sites where methane and carbon dioxide are present [NHBC March 2007] and CIRIA document C659
Any necessary remediation to be carried out in accordance with an approved method statement to be agreed in writing with the Local Planning Authority
Reason: To ensure the proper restoration of the site.
18. No development shall take place until the Local Planning Authority has approved a report provided by the applicant identifying how the predicted CO2 emissions of the development will be reduced by at least 10% through the use of on-site renewable energy equipment. The carbon savings which result from this will be above and beyond what is required to comply with Part L Building Regulations. Before the development is occupied the renewable energy equipment shall have been installed and the local planning authority shall be satisfied that their day-to-day operation will provide energy for the development for so long as the development remains in existence.
Reason: In the interests of promoting sustainable development
19. No development shall take place unless in accordance with the mitigation detailed within the protected species report, (An Extended Phase 1 and Protected Species Survey of Land at Boathouse Lane Stockton on Tees, E3 Ecology 21/11/2006).
Reason: To protect and enhance the Biodiversity of the site.
20. Development shall not be commenced until the Local Planning Authority has approved in writing the details of arrangements for the setting out of the Public Open Space within the site by the developer, as part of the development, and such arrangements shall address and contain the following matters:
A) The delineation and siting of the proposed public open space
B) The type and nature of the facilities to be provided within the public open space
C) The arrangements the developer shall make to ensure that the Public Open Space is laid out and completed during the course of the development
D) The arrangements the developer shall make for the future maintenance of the Public Open Space