Construction of discount foodstore (Use Class E) with associated works including access, car parking, landscaping and closure of Thackeray Grove

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 complete accordance with the plans and specifications detailed below and shall relate to no other plans: a) Site Location Plan (ZZ-XX-DR-A-900001 S2 Rev P2) b) General Arrangement Plan – Ground Floor (ZZ-00-DR-A-010002 S3 Rev P6) c) General Arrangement Plan – First Floor (ZZ-00-DR-A-010003 S3 Rev P6) d) General Arrangement Plan – Roof (ZZ-RF-DR-A-010002 S3 Rev P5) e) General Arrangement Elevations (ZZ-XX-DR-A-020003 S3 Rev P11) f) Proposed Site Plan (ZZ-XX-DR-A-910013 S3 Rev 29) g) Context Sections (ZZ-XX-DR-A-910006 S3 Rev P11) h) Boundary Treatment Plan (ZZ-XX-DR-A-910014 S3 Rev P6) i) Landscape Details (R/2547/2T Rev T) j) Highway Improvement General Arrangement (16-2018-203 Rev B) 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 in writing 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 food store building, the substation and the brick walls within the site boundaries b) Roof Materials c) Glazing panels, including Spandrel glazing d) Fascia and Eaves detailing e) Timber fence used as part of the delivery bay f) Hardstanding throughout the car park, including block paving for pedestrian footpaths and parking bays Reason: To ensure the use of satisfactory materials in accordance with local Policies DC1, CS4 and CS5, as well as Section 12 of the NPPF.
4. Approved Noise Assessment The use hereby approved shall be developed in accordance with Noise Assessment Reference 9399/FD Rev J (04.08.2025), which was submitted to the Local Planning Authority in support of the application. Any deviations from the recommendations made in the report shall be submitted to the Local Planning Authority for written 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.
5. Hours of Opening The development hereby approved shall not be in operation outside of the hours 08:00 and 22:00 Monday to Saturday (including Bank Holidays) and 10:00 and 16:00 on Sundays. 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 08:00 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. Lighting No lighting shall be installed as part of the development hereby approved other than in accordance with the approved lighting details (LiAS Design Notes and Luminaire Schedule 6607817 Rev 3). The external lighting shall not be in use outside of store opening hours, except for 30 minutes either side of the approved opening hours. 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.
8. Removal of Access The existing vehicular access to Roman Road 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.
9. 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.
10. Car and Cycle Parking Laid Out 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 policies CS5 and DC1 of the Local Plan and sections 9 and 12 of the NPPF.
11. Off-Site Highway Works 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(s) 16-2018-203 Rev B or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority: a) Closure of the junction of Thackeray Grove/Green Lane including full height kerbs, provision of new min width 3m footway through the existing junction bellmouth and soft landscaping; b) Formation of a new vehicular turning head to the Northern end of Thackeray Grove; c) Creation of a new 3 arm signal controlled junction at Roman Road/Green Lane incorporating Puffin and Toucan facilities together with dropped kerbs and tactile paving at all crossing points; d) Resurfacing of the Roman Road/Green Lane junction; e) Yellow box junctions at the junction of Tollesby Road and the Green Lane site access junction; f) Creation of a new vehicular site access on Roman Road including pedestrian crossing facilities consisting of dropped kerbs and tactile paving; g) Creation of a new vehicular site access on Green Lane including pedestrian crossing facilities consisting of dropped kerbs and tactile paving h) Relocation of the existing Eastbound bus stop on Green Lane including reprovision of associated infrastructure and reinstatement of the kerbing and footway at the existing bus stop location; and, i) 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.
12. Road Safety Audit A full 4 stage road safety audit carried out in accordance with guidance set out in the DMRB GG119 and guidance issued by the Council will be required for the internal highway layout/all off-site works requiring alteration as specified in submitted drawing(s) 16-2018-203 Rev B or such plans which are subsequently submitted to and approved in writing by the Local Planning Authority. Stage 2 of said audit must be submitted to and confirmed in writing by the Local Planning Authority prior to works commencing on site. 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.
13. 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.
14. Travel Plan The development hereby approved shall hereafter be occupied in accordance with the submitted Travel Plan Doc T302 Final Issue 1 dated Sept 2025 unless agreed otherwise in writing by the Local Planning Authority. Reason: To promote sustainable transport measures for visitors/staff/residents having regard for policy CS4 of the Local Plan and section 9 of the NPPF.
15. Surface Water Drainage Approved Details Prior to the opening of the food store hereby approved, the approved surface water drainage works shall be implemented in full in accordance with the approved drainage plans listed below unless otherwise approved in writing by the Local Planning Authority, which follow the principles as outlined in the Flood Risk Assessment and Drainage Impact Assessment Issue 2 (January 2026) and restricts surface water discharge from the development to a runoff rate of 3.5l/s. a) Flood Risk Assessment and Drainage Impact Assessment (16-3231-T003 Rev 2) (29th January 2026) b) Proposed Drainage (16-3231-105 Rev P2) (Jan 2026) c) Proposed Levels (16-3231-101 Rev P2) (Jan 2026) d) Surface Water Maintenance and Management Plan (16-3231-T004 Rev 1) (18th July 2025) e) Construction Surface Water Maintenance Plan (16-3231-T005 Rev 1) (18th July 2025) Reason: To ensure the site is developed in a manner that will not increase the risk of surface water flooding to site or surrounding area having regard for policy CS4 of the Local Plan and section 14 of the NPPF.
16. Fabric First/Renewables The development hereby approved shall be constructed in complete accordance with the sustainability measures as detailed in the submitted document Sustainability Statement (Issue 00) (dated: 23.07.25). The sustainability measures shall be incorporated into the building prior to its first opening and for the lifetime of the development hereby approved. Reason: In the interests of a sustainable development and in accordance with the guiding principles of the NPPF.
17. Approved Landscaping The development hereby approved shall be carried out in complete accordance with the approved Landscape Details drawing. The approved landscaping shall be implemented in full during the first available planting season (October-March) after the first opening of the food store 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 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 during the first available planting season (October to 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. Retained Trees In this condition retained tree means an existing tree which is to be retained 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 5837:1991 (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.
20. Bat and Bat Boxes A scheme identifying the locations of two bat and four bird boxes within the development hereby approved and on the retained trees (as recommended by the Ecological Impact Assessment) shall be submitted to and approved in writing by the Local Planning Authority. The bat and bird boxes of the approved scheme shall then be installed at the agreed locations within six months of the first occupation and retained in perpetuity. Reason: To enhance habitats for wildlife in accordance with the requirements and guidance of the National Planning Policy Framework.
21. 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.
22. 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.
23. REASON FOR APPROVAL The proposed development of a food store with associated parking, access, landscaping and associated works at the site of the former Northern School of Art at Green Lane, as well as the closure of Thackeray Grove is considered to be appropriate as it is in full accordance with national and local planning policies, statements and guidance. In particular, the proposals meet the National Planning Policy Framework, and the policies regarding local centres, historic environment, sustainable development, the efficient use of land, appropriate scales of development, the protection of open spaces of different characters and uses, good quality design, and transport and accessibility, whilst proposing a development that would not be out of scale and character within the surrounding area, including the Linthorpe Conservation Area, and would not be significantly detrimental to the local and residential amenities of the local area. Issues of principle regarding the layout and design of the scheme and the generation of traffic have been considered fully and are not considered, on balance, to give rise to any inappropriate or undue affects. 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.
24. Informatives: Highways Matters 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. 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. Informatives: Secured by Design Matters 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. Further information on the Secured By design initiative can be found on www.securedbydesign.com Informatives: Environmental Health Matters All demolition and construction works and ancillary operations, including deliveries to and dispatch from the site shall be confined to the following hours: • Monday to Friday 08.00 to 18.00 • Saturday 09.00 to 13.00 • Not at all on Sundays and Bank Holidays. The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS 5228-1:2009 + A1:2014 and BS 5228-2:2009 + A1:2014, a code of practice for "Noise and Vibration Control on Construction and Open Sites". Best practicable means shall be employed at all times in order to minimise noise, vibration, dust, odour and light emissions. Information on the control of dust from construction sites can be found using the following link. Construction-Dust-Guidance-Jan-2024.pdf (iaqm.co.uk) All plant and machinery to be operated, sited and maintained in order to minimise disturbance. All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well maintained mufflers in accordance with manufacturers instructions. There shall be no bonfires on the site. Informatives: Advertisements/Signage Consent This permission does not authorise the display of advertisements shown on the submitted plans, for which separate consent is required under the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (as amended). Informative: Contact Northern Gas Networks The applicant/developer is advised to contact Northern Gas Networks directly to discuss requirements in detail. 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. We ae advised that should diversionary works be required these will be fully chargeable.

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