Council planning record

Erection of petrol filling station, associated retail store with ancillary food to go offer (use class E), vehicular access and hardstanding, EV charging spaces and associated landscaping works

Land at Junction of Borough Road & Marton Road, Middlesbrough, TS4 2BN

Application Approve with ConditionsReference: 25/0241/FULMiddlesbrough Borough Council

Last published check: 3 Oct 2026, 15:27. Check the council record for more recent changes.

Application location

Land at Junction of Borough Road & Marton Road, Middlesbrough, TS4 2BN

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Application summary

Status
Application Approve with Conditions
Application type
Full Planning
Received
23 Apr 2025
Validated
Not published
Determination deadline
8 May 2026
Local authority
Middlesbrough Borough Council

Application overview

Erection of petrol filling station, associated retail store with ancillary food to go offer (use class E), vehicular access and hardstanding, EV charging spaces and associated landscaping works

Proposal details

Reference
25/0241/FUL
Alternative references
PP-13947175
Ward
Central
Agent
Ross Fraser
UPRN
MAN000000000012999

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Documents 73 of 73

DocumentPublishedAction
Planning & retail statementSupporting Documents23 Apr 2025View
Covering letterSupporting Documents23 Apr 2025View
CIL FormSupporting Documents23 Apr 2025View
Transport assessmentSupporting Documents23 Apr 2025View
Sustainability statementSupporting Documents23 Apr 2025View
Preliminary ecological appraisalSupporting Documents23 Apr 2025View
Softworks plans Dwg no. 5687-01ADrawing23 Apr 2025View
Lighting detailsSupporting Documents23 Apr 2025View
Drainage strategySupporting Documents23 Apr 2025View
Drainage strategyDrawing23 Apr 2025View
Proposed elevations Dwg no. 1831-18Drawing23 Apr 2025View
EV Charging details Dwg no. 1831-17Drawing23 Apr 2025View
Electric meter kiork Type ET14 Dwg no. 1831-16Drawing23 Apr 2025View
Electric meter kiosk type ET6 Dwg no. 1831-15Drawing23 Apr 2025View
Substation details Dwg no. 1831-14Drawing23 Apr 2025View
Coffee shop plans & elevations Dwg no. 1831-13Drawing23 Apr 2025View
Petrol canopy details Dwg no. 18331-12Drawing23 Apr 2025View
Petrol station plans & elevations Dwg no. 1831-11aDrawing23 Apr 2025View
Proposed site layout Dwg no. 1831-10aDrawing23 Apr 2025View
Existing layout Dwg no. 1831-9Drawing23 Apr 2025View
Location plan Dwg no. 1831-1Drawing23 Apr 2025View
Design & access statementSupporting Documents23 Apr 2025View
Flood risk assessmentSupporting Documents30 Apr 2025View
Noise impact assessmentSupporting Documents30 Apr 2025View
Consultee Notification ListConsultation Notification List1 May 2025View
Neighbour Notification ListNeighbour Notification List1 May 2025View
Site noticeSite Notice8 May 2025View
Site noticeSite Notice8 May 2025View
Site noticeSite Notice8 May 2025View
Air Quality Assessement DocumentSupporting Documents8 May 2025View
Site noticePhoto16 May 2025View
Site noticePhoto16 May 2025View
Site noticePhoto16 May 2025View
Application form redactedApplication Form6 Aug 2025View
Updated Flood Risk AssessmentRevised Supporting Document8 Sept 2025View
View 5Supporting Documents12 Sept 2025View
Revised Proposed Site Layout - 1831-10FRevised Drawing12 Sept 2025View
Revised proposed Elevations - 183118bRevised Drawing12 Sept 2025View
Swept Path Analysis DTP/3702225/ATR002Revised Drawing12 Sept 2025View
View 2b Rev ASupporting Documents12 Sept 2025View
View 3 Rev aSupporting Documents12 Sept 2025View
View 4bSupporting Documents12 Sept 2025View
Softworks Plan - 5687-01-Rev BRevised Drawing12 Sept 2025View
Revised Plans and elevations - 1831-20Revised Drawing12 Sept 2025View
Noise Impact AssessmentRevised Supporting Document12 Sept 2025View
Transport AssessmentRevised Supporting Document12 Sept 2025View
Drainage Strategy reportSupporting Documents12 Sept 2025View
Air Quaility AssessementSupporting Documents12 Sept 2025View
Reconsult Neighbour Notification ListNeighbour Notification List15 Sept 2025View
Site Location Plan Dwg no. 1831-1Revised Drawing6 Feb 2026View
Planning site layout Dwg no. 1831-10iRevised Drawing6 Feb 2026View
Petrol canopy Dwg no. 1831-12Revised Drawing6 Feb 2026View
Substation details Dwg no. 1831-14Revised Drawing6 Feb 2026View
Electric meter kiosk ET6 type Dwg no. 1831-15Revised Drawing6 Feb 2026View
Electric meter kiosk ET14 type Dwg no. 1831-16Revised Drawing6 Feb 2026View
EV Charging details Dwg no. 1831-17Revised Drawing6 Feb 2026View
Building plans & elevations Dwg no. 1831-20Revised Drawing6 Feb 2026View
Site layout Dwg no. 1831-9Revised Drawing6 Feb 2026View
Drainage strategy plan Dwg no. 25003-IST-LM-DR-C-0500Revised Drawing6 Feb 2026View
Drainage strategy reportSupporting Documents6 Feb 2026View
Soft works plan Dwg no. 5687-01Revised Drawing6 Feb 2026View
Premliminary ecological appraisalSupporting Documents6 Feb 2026View
Air Quality asessmentSupporting Documents6 Feb 2026View
Noise impact assessmentSupporting Documents6 Feb 2026View
Transport assessmentSupporting Documents6 Feb 2026View
Flood risk assessmentSupporting Documents6 Feb 2026View
Sustainability statementSupporting Documents6 Feb 2026View
Consultee Re-notification ListConsultation Notification List6 Feb 2026View
Neighbour Re-consultation listNeighbour Notification List6 Feb 2026View
Proposed Site Elevations Dwg 18cRevised Drawing13 Feb 2026View
1831-10i Planning Site Layout RED LINE BOUNDARY OFF Dwg 10iRevised Drawing6 Feb 2026View
Decision NoticeDecision5 May 2026View
Officer ReportReport5 May 2026View

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Application timeline

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  1. Application date

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  2. Received date

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  3. Registration date

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  4. Site notice date

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  5. Site notice end date

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  6. Dispatch date

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  7. Decision date

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  8. Extension date

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  9. Decision due date

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  10. Consultation expiry date

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  11. Statutory expiry date

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  12. Decision expiry date

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Decision & conditions

Approve with Conditions
Decision Notice
Planning conditions
  1. Time Limit The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
  2. Approved Plans The development hereby approved shall be carried out in accordance with the following approved plans: a) Site Location Plan (Drawing 1831-1) (received 6th February 2026) b) Proposed Site Layout (Drawing 1831-10i) (received 6th February 2026) c) PFS Plans & Elevations (Drawing 1831-20) (received 6th February 2026) d) Petrol Canopy Detail (Drawing 1831-12) (received 6th February 2026) e) Proposed Site Elevations (Drawing 1831-18c) (received 13th February 2026) f) Substation Details (Drawing 1831-14) (received 6th February 2026) g) Electric Meter Kiosk ET6 Type (Drawing 1831-15) (received 6th February 2026) h) Electric Meter Kiosk ET14 Type (Drawing 1831-16) (received 6th February 2026) i) EV Charging Details (Drawing 1831-17) (received 6th February 2026) j) Softworks Plan (Drawing 5687 01 Rev C) (received 6th February 2026) k) Drainage Strategy Plan (25003-IST-LM-DR-C-0500 Rev P05) (received 6th February 2026) Reason: To ensure a satisfactory form of development and for the avoidance of doubt.
  3. Samples of Materials The development hereby approved shall only be carried out using finishing materials of which samples have been submitted to and approved by the Local Planning Authority prior to the commencement of any above ground works. Samples or specifications of all materials shall include. a) Brickwork to be used in the construction of the convenience store building and the site boundaries b) Boundary Treatments/Fencing, including the black railing details, the acoustic fencing, and the fencing for the external yard c) Hardstanding throughout the car park, including block paving for pedestrian footpaths and parking bays Reason: To ensure the use of satisfactory materials.
  4. Implementation of Boundary Treatments No boundary treatments shall be erected as part of the development hereby approved other than in accordance with details that are first submitted to and approved in writing by the Local Planning Authority. Any approved boundary treatments shall then be fully implemented prior to the first use of the development hereby approved and retained for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority. 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.
  5. Hours of Opening The development hereby approved shall not be in operation outside of the hours 07:00 and 23:00 Monday to Sunday. Reason: In the interests of the amenities of the area and the living conditions of residents of the surrounding properties having regard to Policy DC1 of the Local Plan and Section 12 of the NPPF.
  6. Hours of Collections and Deliveries Deliveries and collections to the development hereby approved shall be kept between the hours of 07:00 and 22:00 Monday to Sunday. Reason: In the interests of the amenities of the area and the living conditions of residents of the surrounding properties having regard to Policy DC1 of the Local Plan and Section 12 of the NPPF.
  7. Food-To-Go Element The food-to-go element shall remain as an E use class for lifetime of the development hereby approved. Reason: In the interests of the amenities of the area and the living conditions of residents of the surrounding properties having regard to Policy DC1 of the Local Plan and Section 12 of the NPPF.
  8. External Lighting No external lighting shall be installed as part of the development hereby approved other than in accordance with details that are first submitted to and approved in writing by the Local Planning Authority. The details shall include a plan which identifies the location of any external lighting and any lighting columns, along with lighting levels that will be provided at the development (including light spill), and the hours of operation of the lighting in accordance with the Institute of Lighting Professionals 'Guidance Notes for the Reduction of Obtrusive Light 2011'. The construction and use of the lighting shall be carried out in accordance with the approved details for the lifetime of the use. Reason: To ensure a satisfactory form of development in the interests of the amenities of nearby residents and local wildlife having regard for Policies DC1, CS5 of the Local Plan and Section 12 of the NPPF.
  9. Sound Insulation of Plant/Machinery A BS:4142 noise assessment for fixed plant and equipment, including extract ventilation units, shall be submitted to and approved in writing by the Local Planning Authority before any such plant or machinery is installed as part of the development hereby approved. The noise assessment shall identify predicted noise levels from the fixed plant and machinery and assess their anticipated impact upon all surrounding neighbouring residential properties. The assessment shall provide a scheme of mitigation to control noise to a level to be agreed with the Local Authority before the assessment is undertaken. Details shall also be provided showing the position of the fixed plant and machinery and, where necessary, include a scheme of screening. Any measures identified in the noise assessment to protect residents from noise generated from the fixed plant and machinery shall be implemented before the first use of the plant or machinery and retained for the lifetime of the development hereby approved. Reason: To ensure that satisfactory noise attenuation measures are carried out and in the interests of the amenities of the area and to accord with the requirements of the guidance contained within the National Planning Policy Framework.
  10. Odour and Particulate Impact Assessment Prior to the first operation of the food-to-go element of the development hereby approved, an odour and particulate impact assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall be carried out by a competent and suitably experienced specialist air quality or odour consultant. The assessment shall identify the impact of cooking odours and grease released to the air from the premises and detail methods to control them to prevent harm to the amenity. The report shall be carried out in accordance with the Institute of Air Quality Management "Guidance on the assessment of odour for planning" 2014 or an alternative appropriate assessment tool agreed in advance with the Local planning Authority. The report shall include, where relevant, details of the position of internal ventilation extraction canopies, the position and height of the flue outlet and the type of filtration and or odour control units or other fume treatment to be installed. The systems and filtration and odour control units shall be installed before the first use of the premises, they shall be maintained in accordance with the manufacturer's recommendations including the frequency of replacement filters and shall be retained in an operational state for the lifetime of the food-to-go element. 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. Noise Management Plan Prior to the first operation of the development hereby approved, a noise management plan shall be submitted to and approved in writing by the Local Planning Authority. The Noise Management Plan shall detail how the development will control excessive noise, with particular regard to noise from customers and the use of any public address system, within the forecourt area. Any approved Management Plan shall then be implemented in full for the lifetime of the development hereby approved. 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.
  12. Air Quality Measures The mitigation measures outlined within Appendix F of the Air Quality Assessment (DC5013-AR1v2) shall be fully implemented as part of the construction phase of the development hereby approved. 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. Disposal of Foul and Surface Water Development shall not commence until a detailed scheme for the disposal of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water and the Lead Local Flood Authority. Thereafter the development shall take place in accordance with the approved details. Reason: To prevent the increased risk of flooding from any sources in accordance with the NPPF.
  14. Assessment of Risk to Groundwater The development hereby permitted may not commence until such time as the below has been submitted to, and approved in writing by, the local planning authority. • Confirmation of ground conditions within the development area of the petrol station obtained as part of a ground investigation, including in the area of the proposed underground storage tanks. • Confirmation of groundwater levels within the development area of the petrol station (observed at more than one location, on at least three separate occasions) should be obtained and supplied, compared against the approximate depth of all underground storage tanks proposed. Details of any continuous below ground water table should be provided (particularly in the bedrock and/or above the depth of proposed tank foundations). Confirmation should be provided as to whether the tanks would be above or below the water table. • An assessment of risks to groundwater posed by the development based on the above. Reason: To ensure that the underground storage tanks do not harm the water environment in line with Paragraph 180 of the National Planning Policy Framework and Position Statement D1 – General Principles of pollutant storage and transmission of the ‘The Environment Agency’s approach to groundwater protection’.
  15. Underground Storage Tanks The development hereby permitted may not commence until such time as a scheme to install the underground tanks has been submitted to, and approved in writing by, the local planning authority. The scheme shall be designed to account for the outcomes of the ground investigation and risk assessment and shall include the full structural details of the installation, including details of: excavation, the tanks, tank surround, associated pipework and monitoring system. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes subsequently agreed, in writing, by the local planning authority. Reason: To ensure that the underground storage tanks do not harm the water environment in line with Paragraph 180 of the National Planning Policy Framework and Position Statement [D1 – General Principles of pollutant storage and transmission of the ‘The Environment Agency’s approach to groundwater protection’.
  16. Finished Floor Levels The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment and the following mitigation measures detailed within the FRA: Finished floor levels shall be set no lower than 5m Above Ordnance Datum (AOD) with resilience measures up to 5.6m AOD. These mitigation measures shall be fully implemented prior to the use of any part of the approved development. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development. Reason: To reduce the risk of flooding to the proposed development and future occupants and future occupants in accordance with the NPPF and relevant paragraphs within the National Planning Practice Guidance (NPPG).
  17. Soft Landscaping The development hereby approved shall be carried out in complete accordance with the approved Softworks Plan drawing. The approved landscaping shall be implemented in full during the first available planting season (October-March) after the first opening of the development hereby approved. The Local Planning Authority shall be notified within two weeks of the landscape planting works. 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.
  18. Replacement 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 during the first available planting season (October-March), 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.
  19. 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.
  20. 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 1, 3, 5, 10, 15, 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 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.
  21. Reason for Approval This application is acceptable as the proposed petrol filling station with associated convenience store and associated works is in full accordance with the relevant national and local planning policies. In particular, the proposed development adheres to the principles and guidance contained within the National Planning Policy Framework and the policies regarding sustainable development, the efficient use of land, transport and accessibility, appropriate measures to mitigate flood risk, and it would not be detrimental to the amenities of local residents and other neighbouring uses. Accordingly, the Local Planning Authority considers that there are no material planning considerations that would override the general assumption that development be approved unless other material factors determine otherwise.
  22. Informative: Petroleum Enforcement Authority The developer should note that the issuance of a Petroleum Storage Certificate (PSC), by the PEA under Regulation 6 of the above cited Regulations, is dependent on the PEA being satisfied that the containment system for petrol at the dispensing premises, including storage tanks, pipework and dispensers, may reasonably be used to store petrol and would not create an unacceptable risk to the health or safety of any person. Compliance can be achieved with full adherence to the Energy Institute/APEA publication titled, Design, construction, modification, maintenance and decommissioning of filling stations, also referred to as the Blue Book, currently the appropriate version being the 5th Edition issued in November 2024. Whilst this is not an objection for the purposes of the planning application, the developer may wish to note that the following non-compliances with Blue Book requirements have been identified relating to the drainage arrangement: - The Drainage Strategy drawing does not adopt the convention for colours, line representations and annotations for the different components of the drainage system (Blue Book 8.4.1) - The Drainage Strategy drawing does not show a means of shutting off all flow downstream of the oil/water separator (Blue Book 8.4.2 & 8.4.6) - The Drainage Strategy drawing does not show channel line drainage at the site access/egress crossover point (Blue Book 8.4.5) The PEA will be seeking revised ‘construction issue’ drawings that incorporate changes to address the issues raised above. This must be provided prior to the works commencing to allow for the design to be approved for the PSC. Move information about the design criteria and the method to evaluate compliance can be found at the following address: www.middlesbrough.gov.uk/business-and-licensing/licences/petroleum-storage/ Informatives: Highway Matters: Works to Highway 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. 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. Design Guide and Specification The development will be designed and constructed in accordance with the current edition of the Councils Design Guide and Specification. 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. Highway Authority Discussion It is essential that early discussion take place with the Highway Authority (tel: 01642 728156) to discuss the effect on the surrounding highway network during the construction of this development. Informative: Secured By Design: Cleveland Police operate the Secured by Design initiative. This is a scheme which promotes the inclusion of architectural crime prevention measures into new projects and refurbishments. Full information is available within the SBD Non- Residential Guide 2025 Guide at www.securedbydesign.com It is encouraged that the developer contact the Designing Out Crime Officer at earliest opportunity. If SBD Certification is not achievable, the development should incorporate some of the measures to reduce the opportunities for crime and anti-social behaviour. Once a development has been completed the main opportunity to design out crime has gone. Although not an SBD requirement, Middlesbrough along with many other areas nationwide suffers from offences of metal theft. These include copper piping, boilers, cables and lead flashing. Buildings under construction are particularly vulnerable. It is recommended that alternative products be utilized where possible. Many new builds are now using plastic piping where building regulations allow and alternative lead products. Strong consideration should also be given in relation to the provision of On-Site Security throughout the lifespan of the development. There is information contained within the Construction Site Security Guide 2021 also on the SBD website that may assist. The following should be considered for inclusion as part of any approved development. - All doors and windows to the units are recommended to be to tested and accredited LPS1175:A1 (or equivalent) rating as a minimum. - Guidance on security standards relating specifically to curtain walling is available within the SBD Non-Residential Guide 2025 Guide at www.securedbydesign.com - All roadways, parking areas and walkways within proposal site are recommended to be column lit to BS5489-1:2020 standards. - Units recommended to have alarm provision provided. - CCTV provision is recommended throughout site. - Any proposed cycle parking areas should be sited in areas of maximum surveillance, not in secluded locations. - They should also be covered as part of the cctv provision. - Sales of alcohol are strongly not recommended, if however, through licensing engagement it is to be sold, then a strict trading time through licensing conditions are to be adhered to. - Defensible space is a strong consideration, this is particularly pertinent to the green space between the proposed site and existing student accommodation which could become an issue if users of the facility were to then gather around on this area. Informative: Northumbrian Water It should also be noted that, following the transfer of private drains and sewers in 2011, there may be assets that are the responsibility of Northumbrian Water that are not yet included on our records. Care should therefore be taken prior and during any construction work with consideration to the presence of sewers on site. Should you require further information, please visit: www.nwl.co.uk/developers.aspx How to Satisfy the Condition The applicant should develop their surface water drainage solution by working through the Hierarchy of Preference contained within Revised Part H of the Building Regulations 2010. Namely:- - Soakaway - Watercourse, and finally - Sewer If sewer is the only option, the developer should contact Northumbrian Water to agree allowable discharge rates and points into the public sewer network. This can be done by submitting a pre-planning enquiry directly to us. Full details and guidance can be found at: www.nwl.co.uk/developers/predevelopment-enquiries.aspx or email: developmentenquiries@nwl.co.uk. The applicant should then submit a drainage strategy reflecting our recommendations for consideration as part of the planning application. Please note that the planning permission with the above condition is not considered implementable until the condition has been discharged. Only then can an application be made for a new sewer connection under Section 106 of the Water Industry Act 1991. Informative: Environment Agency: Waste on-site: Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the environmental permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. We recommend that developers should refer to the waste management page on GOV.UK. We will consider any queries in relation to the use of Definition of Waste: Development Industry Code of Practice (DoWCoP) (which is to be updated) through our environmental permitting enhanced pre-application advice service, considering site conditions, the materials that are proposed to be used, and the potential for harm to the environment and to human health. We can also provide advice as to whether an environmental permit is required. Waste to be taken off-site: Contaminated soil that is (or must be) disposed of, is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes: - Duty of Care Regulations 1991 - Hazardous Waste (England and Wales) Regulations 2005 - Environmental Permitting (England and Wales) Regulations 2016 - The Waste (England and Wales) Regulations 2011 Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. If the total quantity of hazardous waste material produced or taken off site is 500kg or greater in any 12-month period, the developer will need to register with us as a hazardous waste producer. Refer to the hazardous waste pages on GOV.UK for more information. Petrol filling station/fuel distribution in secondary aquifer B: Good practice should be followed in the location, design, construction and maintenance of petrol stations and other fuel dispensing facilities. Due regard should be given to The Environment Agency’s approach to groundwater protection document, in particular the position statements and guidance in the section on the storage of pollutants (chapter D). You should also refer to the following pollution prevention and mitigation guidance including: - Guidance on Environmental Management at Petrol Filling Stations – Energy Institute - Design, construction, maintenance and decommissioning of filling stations (also known as the Blue Book (APEA/EI) – Energy Institute – 2011 - Groundwater Protection Code – Petrol stations and other fuel dispensing facilities involving underground storage tanks – Defra Code of Practice - CIRIA C736: Design of Containment Systems for the Prevention of Water Pollution The Blue Book provides detailed information on the decommissioning (and investigation) of redundant tanks, risk assessment, the design and construction criteria and maintenance procedures which we expect to be implemented. Please note that our comments are only in relation to environmental issues. Others may need to be consulted with respect to Health and Safety or amenity issues. Further guidance can be found on the water management pages of gov.uk Informative: Northern Gas Networks Northern Gas Networks has no objections to these proposals, however there may be apparatus in the area that may be at risk during construction works and should the planning application be approved, then we require the promoter of these works to contact us directly to discuss our requirements in detail. Should diversionary works be required these will be fully chargeable. Informative: Ecology Matters Pollution prevention measures should be employed during works to minimise and avoid potential pollution damage sensitive water based habitats in close proximity to the site (Combs dike, lowland raised bog); - Any fuel will be stored in double bunded containers; - Drip trays or plant nappies to be used when refuelling and left under stationary machinery; - Oil spill kits to be kept on site and within all vehicles; and - All materials must be stored in a bunded area away from any drains, and protected from potential rainfall and runoff. Small Mammals: Any debris from works should not be left on site. Any holes, trenches or trial pits associated with works should be covered overnight or fitted with egress boards to prevent animals becoming trapped. Any small mammals found within the works area during construction should be carefully relocated to a sheltered location with plenty of vegetation cover, in an area off site which will remain undisturbed. Nesting Birds: Any scrub clearance that must be carried out within the bird breeding season should be subject to a pre-clearance bird survey carried out by a suitably experienced ecologist. No works should be carried out within 5 metres of an identified nest until the young have fledged and are no longer returning to the nest site. Works should only be undertaken once a scheme ecologist has declared the nest to be no longer in use. This check should also include the scrub areas within 10 metres of the working area to ensure no indirect disturbance takes place. Bats: The risk of impacts to bats is considered to be Low. However, as there are roosting features on site, it is recommended that a further, detailed preliminary roost assessment is carried out at the site to determine the utility of these features for roosting bats. All features found to be present on site were accessible on foot or by ladder and as such, it is considered that a full assessment with torches, ladders and an endoscope will provide a confident evaluation of the potential use of the site by bats roosting or hibernating bats (Collins, 2023). Should the follow up roost assessment find there to be further features, access or confirmed roosts within the structures, the buildings roosting potential will be updated, and further surveys may be required. If roosts are confirmed on any visit, a European protected species license will be required to continue works. Alongside this further investigation, as a precautionary measure, the following Reasonable Avoidance Measures (RAMs) are recommended during works and should be adhered to during the development. If bats are found or suspected, as a legal requirement, works in that area should cease immediately until further advice has been sought from Natural England or the scheme ecologist. The following recommendations should also be adhered to throughout the duration of the works: - Before any work proceeds, all contractors should be made aware of the possible presence of bats and the signs to look for (Appendix D); - During the works a suitably licensed ecologist must be on call, so that if a bat is encountered or suspected all works must cease and the ecologist contacted immediately so they can attend site, check the health of the bat and then place it in a safe location.
  23. Removal of Access The existing vehicular accesses to Marton Road and Douglas Street shown as not being retained on the approved drawings shall be reinstated to full height kerb and footway in accordance with details to be submitted to and approved in writing by the Local Planning Authority 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.
  24. Turning/Servicing No part of the development hereby approved shall be brought into use until facilities clear of the public highway have been provided for the manoeuvring of vehicles in accordance with the approved drawings or such drawings which are subsequently submitted to and approved in writing by the Local Planning Authority. The drawings shall show means of access, dimensions, surface treatment and drainage. The areas so provided shall at no time be used for any other purpose and retained thereafter for such purposes. 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.
  25. Car and Cycle Parking Laid Out No part of the development hereby approved shall be brought into use 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 Policies CS5 and DC1 of the Local Plan and Sections 9 and 12 of the NPPF.
  26. Illumination The approved lighting shall be positioned, angled and adequately shrouded to prevent any glare, reflection or distraction to users of the highway. The lighting shall at no time flash or appear to be intermittent. Reason: In the interests of highway safety having regard for Policies DC1 and CS5 of the Local Plan and Sections 9 and 12 of the NPPF.
  27. Off-Site Highway Works The development hereby permitted shall not be brought into use until the highway works detailed below have been carried out in accordance with the submitted drawing 1831-10i or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority: a) Resurfacing of footway along site frontage to Douglas Street with replacement full height kerbs where existing access points are no longer required, b) Relocation of the existing Southbound bus stop on Marton Road to a position to be agreed including reprovision of associated infrastructure and reinstatement of the kerbing and footway at the existing bus stop location, c) Creation of a new vehicular site access on Marton Road including pedestrian crossing facilities consisting of dropped kerbs and tactile paving, together with LTN1/20 compliant cycle infrastructure across the site access bellmouth; and, d) All other drainage, surfacing, street furniture relocation and lining required to achieve 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.
  28. 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.
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