'Proposed redevelopment of two sites to provide a total of 39no dwellings, including access roads, car parking, landscaping, relocation of electricity sub-station and stopping up public footway

1. Time For Commencement The development to which this permission relates must be begun not later than he expiration of three years beginning with the date on which this permission is granted. Reason: In order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby approved shall be carried out in complete accordance with the plans and specifications detailed below and shall relate to no other plans: - Air Quality Assessment Rev2 25.01.21 - Noise Impact Assessment Rev2 25.01.211TR01-MHA-02-ZZ-DR-A-00100-S2-P01 Housetype 2 - Detached GA Plans and Elevations as received 18th Dec 2024 - 1TR01-MHA-03-ZZ-DR-A-00200-S2-P02 HT03 Semi GA Plans and Elevations as received 18th Dec 2024 - 1TR01-MHA-03-ZZ-DR-A-00600-S2-P01 HT03 Terrace of 6 GA Plans and Elevations as received 18th Dec 2024 - 1TR01-MHA-03-ZZ-DR-A-00800-S2-P02 HT03 Terrace of 8 GA Plans and Elevations as received 18th Dec 2024 - 1TR01-MHA-04-04-DR-A-00200-S2-P02_HT04B GA Plans & Elevations as received 18th Dec 2024 - 1TR01-MHA-04-04-DR-A-00300-S2-P01 HT04 D GA Plans & Elevations as received 18th Dec 2024 - 1TR01-MHA-04-ZZ-DR-A-00100-S2-P01 HT04 GA Plans and Elevations as received 18th Dec 2024 - 1TR01-MHA-05-ZZ-RR-A-00200-S2-P01 HT05 Semi GA Plan and Elevation as received 18th Dec 2024 - 1TR01-MHA-15-ZZ-DR-A-00100-S2-P02 HT15 GA Plans and Elevations as received 18th Dec 2024 - 1TR01-MHA-42-ZZ-DR-A-00200-S2-P01 HTs2 & 4GA Plans & Elevations as received 18th Dec 2024 - 1TR01-MHA-FL-ZZ-DR-A-01002-S2-P12_Fleet Site Plan Proposed as received 17th Dec 2024 - 1TR01-MHA-FL-ZZ-DR-A-01003-S2-P04_Fleet Boundary Treatment as received 17th Dec 2024 - 1TR01-MHA-SA-ZZ-DR-A-01002-S2-P04_Combined Sites Block Plan Proposed as received 17th Dec 2024 - 1TR01-MHA-TH-ZZ-DR-A-01002-S2-P12_Thorntree Site Plan Proposed as received 17th Dec 2024 - 1TR01-MHA-TH-ZZ-DR-A-01003-S2-P04_Thorntree Boundary Treatment Plan as received 17th Dec 2024 - Fleet Landscape Strategy Rev E as received 17th Dec 2024 - Thorntree Landscape Strategy Rev E as received 17th Dec 2024 - Boundary Treatment Types - 9000 - S2 P02 as received 29th May 2024 - Existing Combined Site/Block Plan - 01001 -S2- P02 as received 29th May 2024 - Proposed Combined Block plan of the site - 01002 - S2 - P03 as received 29th May 2024 - Combined Sites location plan -01000 - S2 - P02 as received 29th May 2024 - Fleet site external works arrangement - FH-CK-XX-XX-DR-C-90-100-P1 as received 29th May 2024 - Fleet House tree protection plan - ARB/CP/3266/TPP as received 29th May 2024 - Fleet House Tree removal drawing plan 1 as received 29th May 2024 - The location plan - Fleet Site as received 29th May 2024 - Housetype 3 Terrace of 5 Proposed GA Plans & Elevations -1TR01-MHA-03-ZZ-DR-A-00500-S2-P01 as received 29th May 2024 - Housetype 4B Detached Proposed GA Plans & Elevations -1TR01-MHA-04-ZZ-DR-A-00200-S2-P01 as received 29th May 2024 - Housetype 5 Semi Detached Proposed GA Plans & Elevations -1TR01-MHA-05-ZZ-DR-A-00200-S2-P01 as received 29th May 2024 - Thorntree External Works Arrangement - TH-CK-XX-XX-DR-C-90-100-P1 as received 29th May 2024 - Thorntree Site investigation Location Plan as received 29th May 2024 - Thorntree House Tree protection plan - ARB/CP/3265/TPP as received 29th May 2024 - The location plan - Thorntree Site - 01000 -S2 - P02 as received 29th May 2024 - Thorntree street lighting plan- PLL/2024/627 0 as received 29th May 2024 - Fleet House Street lighting plan - PLL/2024/626 0 as received 29th May 2024 Reason: For the avoidance of doubt and to ensure that the development is carried out as approved.
3. Materials - Samples Prior to the construction of the external elevations of the building(s) hereby approved samples of the external finishing materials to be used shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented in accordance with the approved details. Reason: To ensure the use of appropriate materials in the interests of the visual amenities of the area having regard for policies DC1, CS4 and CS5 of the Local Plan and section 12 of the NPPF.
4. Landscape Scheme Notwithstanding the approved Landscape Plan drawings, prior to the commencement of above ground construction of each phase of the development a scheme showing full details of both hard and soft landscape works and a programme of works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out on site as approved. Details must include all services and physical entities that would impact on landscaping. These details shall include but are not limited to: - footpath and cycleway links; proposed finished levels or contours; - means of enclosure and boundary treatment; - car parking layouts; - other vehicle and pedestrian access and circulation areas; - hard surfacing materials, minor artefacts and structures (eg; furniture, play equipment, refuse or other storage units, signs, lighting etc.); - proposed and existing functional services above and below ground (eg; drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of trees and plants, noting species, tree and plant sizes and proposed numbers, densities where appropriate; implementation programme. Reason: To ensure a satisfactory form of development in the interest of visual amenity and the character of the area having regard for policies CS4, CS5 and DC1 of the Local Plan and sections 12 and 15 of the NPPF.
5. Landscape Management Plan A Landscape Management Plan(s) covering relevant phase(s) of development, including long term objectives, management responsibilities and maintenance schedules in perpetuity for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority prior to the first occupation/use of a building, or within 12 months of commencement of works on the relevant phase(s) of the development to which it relates, whichever is the sooner. Thereafter the Landscape Management Plan must be implemented on site. Reason: To ensure a satisfactory form of development in the interest of visual amenity and the character of the area having regard for policies CS4, CS5 and DC1 of the Local Plan and sections 12 and 15 of the NPPF.
6. Replacement Tree Planting If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation. Reason: To ensure a satisfactory form of development in the interest of visual amenity and the character of the area having regard for policies CS4, CS5 and DC1 of the Local Plan and sections 12 and 15 of the NPPF.
7. Retained Trees In this condition retained tree means an existing tree which is to be retained on site or adjacent to the site in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of five years from the date of the occupation of the final building on site for its permitted use. a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998:1989 (with subsequent amendments)(British Standard recommendations for Tree Work). b) If any retained tree is removed, uprooted or destroyed or dies during the period of construction another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time as may be specified in writing by the local planning authority. Similarly, if a retained tree dies or needs to be removed within five years of completion, and this is found to have been the result of damage sustained during development, this replanting condition will remain in force c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority. Retained trees shall be protected fully in accordance with British Standard 5837:2012 (Guide for Trees in Relation to Construction). In particular, fencing must not be dismantled at any time without the prior consent of the local planning authority. Reason: To prevent the loss of or damage to trees and natural features during the development and to ensure so far as is practical that development progresses in accordance with current best practice having regard for policy CS4 and CS5 of the Local Plan and section 9 of the NPPF.
8. Ecology – Scheme and phasing of works There shall be no above ground construction of the development hereby approved until a scheme of ecological measures to be undertaken at the site has been submitted to and approved in writing by the local planning authority which is in line with Section 6 of the Submitted Ecological Assessment. The agreed scheme shall include a phased timing for each ecological measure being provided. The development shall be carried out in accordance with this agreed scheme. Reason To accord with Local Plan Policy CS4 and prevent adverse impacts to ecology.
9. Noise Assessment compliance The approved use shall be developed in accordance with Noise Assessment Reference – 23.216.1.R2 submitted to the local planning authority. Any deviations from the recommendations made in the report shall be submitted to the local planning authority for approval. Reason: To ensure a satisfactory form of development in the interests of the amenities of residents having regard for policies DC1, CS5 of the Local Plan and section 12 of the NPPF.
10. Air Quality Compliance The approved use shall be developed in accordance with Air Quality Assessment Reference – 23.216.2.R2 submitted to the local planning authority. Any deviations from the recommendations made in the report shall be submitted to the local planning authority for approval. Reason: To ensure a satisfactory form of development in the interests of the amenities of residents having regard for policies DC1, CS5 of the Local Plan and section 12 of the NPPF.
11. Drainage The development hereby approved shall be implemented in accordance with the drainage strategy as received on the 29th May 2024. Reason: In order to reasonably control the development.
12. Contaminated land Site Investigation A full and competent site investigation, including risk assessment must be undertaken and submitted to the Local Planning Authority for approval. This must identify any contamination present and specify adequate remediation necessary. The risk assessment and remediation scheme must be approved in writing by the Local Planning Authority and thereafter implemented, prior to the development taking place. Validation of the remediated site shall be provided in the form of a detailed completion statement confirming that works set out and agreed were completed and that the site is suitable for its intended use. Reason: To ensure a satisfactory form of development in the interests of the amenities of residents having regard for policies DC1, CS5 of the Local Plan and section 12 of the NPPF.
13. Designing out Crime There shall be no above ground construction of the development hereby approved until a scheme of designing out crime practices to be undertaken at the site has been submitted to and approved in writing by the local planning authority. The agreed scheme shall include a phased timing for delivery of each aspect of the designing out crime items relative to occupation of dwellings and the development shall be undertaken in accordance with the approved scheme. A validation statement shall be submitted to the council within 3 months of the final occupation of the site to confirm all matters have been implemented. Reason To accord with Local Plan Policy CS4 and design out crime within the development.
14. Adoptable Layout The development hereby approved shall not be occupied until the internal roads as shown on the approved drawing(s) 1TR01-MHA-FL-ZZ-DR-A-01002-S2-P08 and 1TR01-MHA-TH-ZZ-DR-A-01002-S2-P08 have been constructed, surfaced to at least a basecourse level and lit. Reason: To ensure the satisfactory design of the internal road layout and in the interests of free flow of traffic, safety of highway users and amenity of residents having regard for policies CS4, CS5 and DC1 of the Local Plan and sections 9 and 12 of the NPPF.
15. Details of Roads, Footpaths and Open Spaces Required Fully detailed drawings illustrating the design and materials of roads, footpaths and other adoptable open spaces shall be submitted to and approved in writing by the Local Planning Authority prior to the start of construction on site. The development shall be carried out in accordance with the approved details. Reason; To ensure a satisfactory form of development and in the interests of highway safety having regard for policies CS5 and DC1 of the Local Plan and sections 9 and 12 of the NPPF.
16. Removal of Access The existing vehicular accesses to Crestwood, Cinderwood, Cobblewood and Creekwood shown as not being retained on the approved drawing(s) 1TR01-MHA-FL-ZZ-DR-A-01002-S2-P08 and 1TR01-MHA-TH-ZZ-DR-A-01002-S2-P08 shall be reinstated to fell height kerb, footway and verge in accordance with details to be submitted to and approved in writing by the LPA prior to the proposed new access hereby approved being brought 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 policy DC1 of the Local Plan and sections 9 and 12 of the NPPF.
17. Car Parking The development hereby approved shall not be occupied until the areas for vehicle parking have been constructed and laid out in accordance with the approved drawing(s) 1TR01-MHA-FL-ZZ-DR-A-01002-S2-P08 and 1TR01-MHA-TH-ZZ-DR-A-01002-S2-P08, or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority. Such areas shall thereafter be retained in perpetuity for the sole purpose of parking vehicles. Reason; To ensure a satisfactory form of development and in the interests of highway safety having regard for policies CS5 and DC1 of the Local Plan and sections 9 and 12 of the NPPF.
18. Off-Site Highway Works Fleet House The development hereby permitted shall not be occupied until the highway works detailed below have been carried out in accordance with the submitted drawing(s) 1TR01-MHA-FL-ZZ-DR-A-01002-S2-P08 or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority: a) Resurfacing of footways to Crestwood and Cinderwood; b) Formation of a ramped plateuax junction at the proposed site junction and Crestwood; c) Formation of a parking layby serving a minimum of 3 vehicles on Crestwood; and, d) All resurfacing of carriageway, drainage, kerbworks, street lighting, lining and landscaping as required to deliver the above. 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 policies DC1 and CS5 of the Local plan and sections 9 and 12 of the NPPF.
19. Off-Site Highway Works Thorntree House The development hereby permitted shall not be occupied until the highway works detailed below have been carried out in accordance with the submitted drawing(s) 1TR01-MHA-TH-ZZ-DR-A-01002-S2-P08 or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority: a) Resurfacing of footways to Cobblewood, Creekwood and footpath link running along the sites Southern boundary; b) Formation of a ramped plateuax junction at the proposed site junction and Creekwood; c) Formation of a parking layby serving a minimum of 4 vehicles on Creekwood; d) Removal of the existing turning head to the South of the site on Creekwood and reinstatement to full height kerb and landscaping; and, e) All resurfacing of carriageway, drainage, kerbworks, street lighting, lining and landscaping as required to deliver the above. 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 policies DC1 and CS5 of the Local plan and sections 9 and 12 of the NPPF.
20. Method of Works Statement 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 policy DC1 of the Local Plan.
21. Renewables or Fabric First Required The dwellings/buildings hereby approved shall not be occupied until details of compliance with a scheme of renewables or a fabric first approach has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail the predicted energy requirements of the development post completion and under normal operating use and will detail how 10% of the predicted energy requirements will either be generated on site by renewable technologies or how the fabric of the building shall be constructed to reduce the predicted energy demand (in exceedance of the current Building Regulation Standards) by 10%. Reason: In the interests of sustainable development having regard for policy CS4 of the Local Plan and section 14 of the NPPF.
22. Biodiversity Gain Plan The development hereby approved shall not commence until a Biodiversity Gain Plan has been submitted to and approved in writing by the Local Planning Authority. Reason: As required under the statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990.
23. Biodiversity Net Gain Maintenance Plan The development hereby permitted shall be carried out in accordance with the approved Biodiversity Gain Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30-year period as a result of the development and the Biodiversity Gain Plan shall be implemented in full. No development shall commence until a Biodiversity Monitoring Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30-year period as a result of the development has been submitted to and agreed in writing by the Local Planning Authority. The Biodiversity Management Plan shall include 30-year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports. Monitoring reports will be submitted to the Local Planning Authority during years 2, 5, 7, 10, 20 and 30 from commencement of development unless otherwise stated in the Biodiversity Management Plan, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed to be undertaken to address a shortfall in predicted levels of gain. Reason: In the interests of ensuring measurable net gains to biodiversity and in accordance with paragraphs 180 and 186 of the National Planning Policy Framework.
24. Reason for approval The analysis of the development determines that the proposals are for a sustainable development, which will assist in economic growth in the town and accords with Core Strategy policy CS4. The proposed layout and dwellings are of a high quality design and would provide a pleasant and sustainable environment offering a good mix of affordable dwelling types, according with housing Local Plan Policies H1 and H11. Landscaped areas within the site will enhance ecological potential. There no statutory objections to the proposal in terms of the sustainability of the site or the ability to meet necessary flood, ecology, highways and noise mitigation. The proposals do not conflict with local or national policies relating to sustainability, design, transport or flood risk. The development will support the spatial vision set out in the development plan.
25. HA2 Design Guide and Specification The development will be designed and constructed in accordance with the current edition of the Councils Design Guide and Specification. HA3 Adoption of Highway - S38 The applicant is advised that prior to the commencement of works on site they should contact the Highway Authority (01642 728156), with a view to preparing the necessary drawings and legal work required for the formal adoption of the new highway layout. The S38 Agreement should be in place prior to the commencement of works on site. HA5 Works to Highway - S278 The proposal will require alterations to the existing highway and as such will require an Agreement under Section 278 of the 1980 Highways Act The applicant is urged to consult early with the Highway Authority (tel: 01642 728156) to discuss these proposals. This agreement must be completed and in place before work commences. HA13 Extinguishment of Highway Implementation of this proposal will require the extinguishment of publicly maintainable highway. The extinguishment process is a separate Legal process to the granting of planning consent and is not guaranteed to be successful. Extinguishment must be commenced before any work is commenced in the vicinity of the affected area and takes in the region of 6 months to complete. For further information contact the Highway Authority (tel: 01642 728153). HA22 Street Furniture Any street furniture that necessitates relocation requires early discussion to take place with the Highway Authority (tel: 01642 728156) and this work will be carried out at the cost of the applicant. Statutory Undertakers The applicant is reminded that they are responsible for contacting the Statutory Undertakers in respect of both the new service to their development and the requirements of the undertakers in respect of their existing apparatus and any protection/ diversion work that may be required. Highway licences The permission hereby granted should not be construed unless consent has been granted by the Local Authority to place signage, skips, scaffolding, hoarding or building materials within the public highway nor allow cranes/structures to oversail the public highway. Highways consent and the appropriate licence(s) are required prior to these activities. Further information can be found at; https://www.middlesbrough.gov.uk/parking-roads-and-footpaths/roads-andhighways/ highway-licences or contact the Highway Authority (tel: 01642 728153). Deliveries to Site It should be ensured that, during construction, deliveries to the site do not obstruct the highway. If deliveries are to be made which may cause an obstruction then early discussion should be had with the Highway Authority on the timing of these deliveries and measures that may be required so as to mitigate the effect of the obstruction to the general public. Cleaning of Highway The applicant is reminded that it is the responsibility of anybody carrying out building work to ensure that mud, debris or other deleterious material is not deposited from the site onto the highway and, if it is, it shall be cleared by that person. In the case of mud being deposited on the highway wheel washing facilities should be installed at the exit of the development. Sustainable Drainage Systems Sustainable Drainage Systems (SuDS) should be considered when designing drainage, driveways and car parking areas. Permeable Surfacing Guidance on permeable surfacing of front gardens is available on the Communities and Local Government Website: www.communities.gov.uk Wildlife and Countryside Act The applicant is reminded that under the Wildlife and Countryside Act 1981 it is an offence to take, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this Act. Trees and scrub are likely to contain nesting birds between 1st March and 31st August. Trees and scrub are present on the application site should be assumed to contain nesting birds between the above dates unless a survey has shown conclusively that nesting birds are not present. Protected Species The applicant is reminded that it is an offence to damage or destroy species protected under separate legislation. Planning consent for a development does not provide a defence against prosecution under wildlife protection legislation. You are advised that the bat survey suggested an endoscope survey be completed prior to development commencing on site to determine if any bats are present. If protected species are found to be present, Natural England should be consulted. Construction Noise The applicant should be aware that noise from construction work and deliveries to the site may have an impact upon local residential premises. The applicant may if they wish to apply for a prior consent under the Control of Pollution Act 1974 Section 61 with regard to working hours at the site. The applicant can contact the authorities Environmental Protection service for more details regarding the prior consent process. The hours that are recommended in the Control of Pollution Act for noisy working are 8am-6pm Mon-Fri, 8am-1pm Saturday and no working Sundays and Bank holidays. Secure By Design The applicant should seek to develop to accredited secure By Design Gold standards and a minimum silver with full guidance being available within SBD Homes 2019 guide at www.securebydesign.com and to contact Stephen Cranston at Stephen.Cranston2@cleveland.pnn.police.uk for further advice.

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