Variation of conditions 2 (Approved Plans), 3 (Turning/Servicing) and 4 (Car & Cycle parking laid out) on planning application 22/0638/MAJ to alter the position the buildings, parking bays and areas of landscaping, and to vary the hardstanding materials and appearance of the buildings

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 following plans and specifications and shall relate to no other plans. a) LP & Site Plans (001B) b) Unit 1 to 9 (002B) c) Unit 10 to 18 (003B) d) Prelim Drainage Plan (HHSR_05_02) e) Flood Risk Assessment & Drainage Strategy (Rev B, September 2022) Reason: To ensure a satisfactory form of development and for the avoidance of doubt.
3. Turning/Servicing No part of the development hereby approved shall be occupied 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.
4. 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 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.
5. 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.
6. Drainage Scheme Development shall be implemented in line with the drainage scheme contained within the submitted document entitled Flood Risk Assessment & Drainage Strategy: dated September 2022. The drainage scheme shall ensure that foul flows discharge to the combined sewer at manhole 8703 and ensure that surface water discharges to the combined sewer at manhole 8703. The surface water discharge rate shall not exceed the available capacity of 10 l/sec that has been identified in this sewer. The final surface water discharge rate shall be agreed by the Lead Local Flood Authority. Reason: To prevent the increased risk of flooding from any sources in accordance with the NPPF.
7. PD Rights Removed for Changes of Use Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 3 (or any order revoking or re-enacting that order with or without modification), the development hereby approved shall be used solely for the purposes within Use Classes E(g), B2 and B8 only and no other use without planning permission being obtained from the Local Planning Authority. Reason: To adequately control the use of the site having regard to the nature of the site and the particular circumstances of the application to protect the amenity of the area and in the interests of resident’s amenity having regard for Policies CS4, CS5, DC1 and section 12 of the NPPF.
8. Planting of Soft Landscaping The development hereby approved shall be carried out in complete accordance with the soft landscaping details as shown on the approved drawings or in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The approved landscaping shall be planted prior to the occupation of any unit as part of the development hereby approved and be retained for the lifetime of the development. 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.
9. 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.
10. Reason for Approval This application is satisfactory in that the demolition of existing office buildings, erection of 18no. industrial units with associated access improvement, parking and soft landscaping (Use class E(g), B2 & B8) accords with the principles of the National Planning Policy Framework (NPPF) and the local policy requirements (Policies H1, DC1, CS4, CS5, CS7, CS8, REG12 and REG16 of the Council's Local Development Framework). In particular, the industrial units are designed so that their appearance is complementary to other commercial units within the surrounding East Middlesbrough Industrial Estate, and positioned so that they will not have a detrimental impact on the amenities of the local area. The proposals will not significantly affect any landscaping nor prevent adequate and safe access to the site. The application is therefore considered to be an acceptable form of development, fully in accordance with the relevant policy guidance and there are no material considerations which would indicate that the development should be refused.
11. 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. Interference or Alteration of the Highway Interference or alteration of the highway requires a licence under the 1980 Highways Act. Connections to public sewers in the highway require a licence under 1991 New Roads and Street Works Act. The applicant should contact the Highway Authority (tel: 01642 728156) before any work commences on site, allowing a minimum of 7 days notice, or 30 days in the case of a NRASWA licence, if either or both of these licences are required Highways Consent/Appropriate Licences The permission hereby granted should not be construed as 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-and-highways/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. 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.

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