Agenda item

The Officer summarised the officer report which had been pre-circulated.

 

Members sought questions of clarification around the following matters;

 

·       Can you clarify the proposed access point?

·       Why were vehicles not accessing the site via Broadway and why were we closing off St Davids Road?

·       Were the number of proposed car parking spaces determined by the accommodation and its intended use?

·       Was there not a matric that guided the number of car parking spaces for conventional construction uses;

·       Given the proposed occupation designation were there other vehicles that would be parking on the site, for example delivery vehicles?

·       What consideration had been given to service vehicles;

·       There appeared to be no provision for management occupation;

·       How did condition 17 fit in with contractors use;

·       What checks could be put in place to avoid the main concern that the proposal might become a permanent residential establishment?

 

Councillor Pallister spoke as the Ward Member and made the following comments:-

 

·       Residents, the police and Ward Councillors were concerned about a HMO in the area and were worried that it was contractors only;

·       Note the conditions however how would the premises be monitored?

·       This type of property seemed to be occurring more frequently;

·       Did not feel the proposal would result in 28 contractors wanting to live there;

·       It was unlikely that contractors would come to the premises in a shared vehicle as suggested by the agent;

·       Take issue with the number of parking spaces;

·       Residents of St David’s Road were concerned in the level of traffic;

·       Concerned over noise issues;

·       The police had commented that they had concerns were the use of the premises to change as it could become a generic HMO;

·       Any future change of use could be conditioned as could a 24 hour concierge.

 

Members questioned the Ward Councillor on the following points:-

 

·       Had Ward Councillors engaged with the developer;

·       Could you give more details on your statement that contractors would not want to stay in the area and that it was not in the right place;

·       Did the proposed conditions ease your concerns?

·       Would you acknowledge that there were some exciting developments proposed at Teesdock Road?

·       What was originally on that site and how long had the site stood empty;

·       The main complaint seemed to be that it was one unit accommodating up to 28 and that it would have been better if it had been a row of houses accommodating 28 people.

 

The agent was present at the meeting and made the following comments:-

 

·       The application was for contractors only;

·       The applicant does not want the headache of a HMO;

·       This was an ideal site being close to Teesworks and Wilton International;

·       Attractive design;

·       Access would be from the roundabout;

·       St David’s Road had been closed off to avoid disturbance to residents;

·       There was sufficient parking and electric charging points would be provided;

·       The applicant had contributed to the cost of road lining along Broadway;

·       The applicant had carried out research regarding demand and there were no hotels or b & b accommodation in the area;

·       The site was close to local amenities;

·       The site had been unused for 20 years;

·       No other use of the site was financially viable;

·       There would be a register, CCTV and a concierge;

·       There was a similar development at South Bank which was fully controlled.

 

Members questioned the agent on the following points:-

 

·       The car parking was inadequate, was a review likely?

·       What was the future in terms of occupational potential?

·       You stated that you had done the research and determined a need but it might have been useful to have had sight of that research;

·       There were properties available to rent in the immediate area;

·       Was the HMO in South Bank new build and how long had it been established?

·       Comparisons had been made between a hotel and a HMO so why not put a hotel there?

 

Members debated the application and made the following comments:-

 

·       Was there ability under planning law to have a condition in respect of management of the property and if so what conditions if any could we have?

·       The property had been empty for many years and did not feel there would be objections once the property was built;

·       Conscious of the site history and of the concern expressed by residents and members however it was not a designated HMO and if it had been there would have been different requirements;

·       Had reservations regarding the provision of parking however the professional guidance was that parking was appropriate;

·       Concerned that we did not have a Local Plan that identified unoccupied land and the potential use for it;

·       Supportive of bringing the land back into use whilst being aware of the challenges;

·       Would like to see 24 concierge and would like to see that requirement added to the conditions;

·       The argument that this facility would respond to existing demand had merit;

·       The applicant referred to a similar development in South Bank however this had only 12 apartments as opposed to 28 making it substantially different. South Bank had catering facilities and a number of food outlets and pubs, there were none near this site;

·       It was not viable that 28 contractors would decide to house themselves here;

·       What happened with HMO’s when a developer cannot fill the HMO over a period of time?

·       What ability was there to enforce any situation which might arise?

·       It was a weak Local Plan on HMO’s;

·       This was a multi bed property and not a hotel or bed and breakfast accommodation;

·       Questioned the longevity of the building;

·       Did not know what would happen with the property in the future;

 

Following the debate members resolved 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.The development hereby permitted shall be carried out in accordance with the following approved plans:

         

          - Location Plan; Site Plan and Elevations Amended 28.10.2024   (Dwg No. TPS001B - Full Plans) received by the Local Planning        Authority on 28/10/2024

         

          - Proposed Site Plan Amended 29.08.2024 received by the Local       Planning Authority on 29.08.2024

         

          REASON: To accord with the terms of the planning application.

 

 

 

 

3.The development hereby approved shall not be commenced until a detailed method of works statement has been submitted to and approved in writing by the Local Planning Authority. Such statement shall include at least the following details;

         

          a) Routing of construction traffic, including signage where           appropriate;

          b) Arrangements for site compound and contractor parking;

          c) Measures to prevent the egress of mud and other detritus onto the public highway;

          d) A jointly undertaken dilapidation survey of the adjacent        highway;

          e) Program of works; and,

          f) Details of any road/footpath closures as may be required.

         

          The development must be carried out in accordance with the      approved details.

         

          REASON: To ensure that the development can be carried out in a        manner that will not be to the detriment of amenity of local       residents, free flow of traffic or safety of highway users having        regard for Local Plan Policy SD4.

         

REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site it relates to the construction of site compound and contractor parking details which relate to site preparation.

 

4.Prior to the commencement of development plans showing the existing and proposed ground levels over the site together with finished floor levels and maximum building heights shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

         

REASON: To ensure a satisfactory relationship between existing and proposed buildings in accordance with policy SD4 of the Local Plan.

         

REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site as construction activity and site preparation can change existing levels resulting in increased ground levels which the authority needs to consider.

         

5.Prior to the commencement of the development, or in such extended time as may be agreed in writing with the Local Planning Authority, details shall be submitted and approved of the surface water drainage scheme and the development shall be completed in accordance with the approved scheme. The design of the drainage scheme shall include;

          (i) Restriction of surface water greenfield run-off rates (QBAR          value) with sufficient storage within the system to accommodate a      1 in 30 year storm.

          (ii)The method used for calculation of the existing greenfield run-         off rate shall be the ICP SUDS method. The design shall also         ensure that storm water resulting from a 1 in 100 year event, plus   climate change surcharging the system, can be stored on site with minimal risk to persons or property and without overflowing        into drains, local highways or watercourses.

          (iii) Full Micro Drainage design files (mdx files) including a        catchment plan

          (iv) The flow path of flood waters for the site as a result on a 1 in       100 year event plus climate change

         

REASON: To ensure the development is supported by a suitably designed surface water disposal infrastructure scheme and to minimise the risk flooding in the locality.

         

REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site it relates to drainage details which are often the first works on site and relate to site preparation.

 

6.Prior to the commencement of the development, or in such extended time that may be agreed with the Local Planning Authority, details of a Surface Water Drainage Management Plan shall be submitted and approved by the Local Planning Authority. The Management Plan shall include;

          (i) The timetable and phasing for construction of the drainage       system

          (ii) Details of any control structure(s)

          (iii) Details of surface water storage structures

          (iv) Measures to control silt levels entering the system and out         falling into any watercourse during the construction process

          The development shall, in all respects, be carried out in           accordance with the approved Management Plan.

         

REASON: To ensure the development is supported by an appropriately designed surface water disposal infrastructure scheme and to minimise the risk of increased flooding and contamination of the system during the construction process.

         

REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site it relates to drainage details which are often the first works on site and relate to site preparation.

 

7.The development shall not be occupied until a Management & Maintenance Plan for the surface water drainage scheme has been submitted to and approved by the Local Planning Authority; the plan shall include details of the following;

          (i) A plan clearly identifying the sections of surface water system          that are to be adopted

          (ii) Arrangements for the short and long term maintenance of the SuDS elements of the surface water system

         

REASON: To ensure that the surface water drainage infrastructure is maintained to minimise the risk flooding in the locality.

         

8.Prior to any development above damp proof course details of the external materials to be used in the carrying out of this permission (including samples) shall have first been submitted to, and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

         

REASON: To ensure that the appearance of the development would respect the site and the surroundings in accordance with policy SD4 of the Local Plan.

 

         

9.Prior to the construction of the final surface treatment, for any hard surfaced areas, details of the materials to be used shall have first been submitted to, and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

         

REASON: To ensure that the appearance of the development would respect the site and the surroundings in accordance with policy SD4 of the Local Plan.       

 

10.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, and where remediation is necessary a remediation scheme must be prepared 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.

         

Following completion of the development a report must be submitted confirming that unexpected contamination was not encountered during 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 risks to workers, neighbours and other offsite receptors

 

11.The working hours for all construction activities 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 Public Holiday.

         

REASON: To ensure that the any activity during the construction development would not have a significant adverse impact in relation to noise and disturbance in accordance with policy SD4 of the Local Plan. 

         

12.The existing vehicular access on to Saint Davids Road, not shown as being retained on the approved drawing ‘TPS001B – Full Plans’, Dated: October 2024 shall be removed in accordance with details to be submitted to and approved in writing by the LPA prior to the development hereby approved coming into use.

         

REASON: To confine access to the permitted points in the interests of good management of the highway and to minimise the number of vehicle accesses onto the highway in the interests of free flow of traffic and safety of highway users having regard for Local Plan Policy SD and sections 9 and 12 of the NPPF.

 

 

 

 

13.No part of the development hereby approved shall be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles (and cycles, if shown) have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

         

REASON: To ensure a satisfactory form of development and in the interests of highway safety having regard for Local Plan Policy SD4 and sections 9 and 12 of the NPPF.

 

14.The development hereby permitted shall not come into use until the highway works detailed below have been carried out in accordance with the submitted drawing ‘TPS001B – Full Plans’, Dated: October 2024 or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority:

         

          a) unnamed access road immediately to the south, also known as      ‘Broadway Back Street of Saint Georges Road East’, full height       kerb installed to retain green space and a flat channel unit       installed for access to the site

          b) carriageway and footway resurfacing works as required to    facilitate point a; and,

          c) A scheme of road lining on Broadway Road

         

REASON: In the interests of providing a safe means of access to the site by all modes of transport and to, minimise disruptions to the free flow of traffic having regard for Local plan policy and sections 9 and 12 of the NPPF.

 

 

15.The development hereby approved shall not be brought into use until the secure cycle parking facilities, for 8 cycles, have been provided in accordance with drawing ‘TPS001B – Full Plans’, Dated: October 2024 or other such plans submitted to and approved in writing by the Local Planning Authority. Such drawings to show the position, design, materials and finishes thereof. Thereafter the cycle parking facilities shall be retained in perpetuity for the sole purpose of parking cycles.

 

REASON: To promote use of cycles reducing traffic congestion and in the interests of the amenities of residents to ensure a satisfactory form of development having regard for Local Plan Policy and sections 9 and 12 of the NPPF.

 

 

16.A scheme for site security measures to include CCTV and details of site boundary treatments (if any) shall be submitted to and approved in writing by the local planning authority prior to first occupation. The approved details shall be fully implemented prior to first occupation and retained thereafter.

 

         

REASON: To ensure that the development would be a safe and secure environment in accordance with policy SD4 of the Local Plan.

 

 

17.The proposed accommodation hereby approved shall be occupied for work/holiday purposes only and shall not be occupied as a person’s sole, or main place of residence. The owners/operators shall maintain an up-to date register of the names of all occupiers of individual rooms, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

         

REASON: To ensure that the approved work/holiday accommodation is not used for unauthorised permanent residential occupation to protect residential amenity in accordance with Local Plan Policy SD4.

 

18.Prior to the occupation of any of the overnight accommodation units hereby approved a final signed nutrient neutrality certificate supplied by Natural England shall be obtained and submitted to the Local Planning Authority in writing.

         

REASON: To ensure adequate nutrient mitigation is provided for the development.

 

19.Prior to the occupation of the units hereby approved an operational management plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include details of CCTV, security and concierge facilities. The development shall be completed in accordance with the approved details which shall be retained for the lifetime of the development.

         

REASON: In the interest of residential amenity in accordance with policy SD4 of the Redcar and Cleveland

Local Plan.