Variation of conditions 2 (Approved plans) on planning application 24/0056/MAJ to include the installation of PV Panels on multiple plots

1. 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) Location Plan (Coloured Masterplan), drawing no. NE-15-07 L b) Planning Layout, drawing no. NE29 600-01 rev. E c) Materials Layout, drawing no. NE29 600-02 rev. C d) Boundary Treatments, drawing no. NE29 600-05 rev. C e) Refuse Strategy, drawing no. NE29 600-04 rev. C f) Parking Layout, drawing no. NE29 600-03 rev. C g) House Type Brochure, Grey Towers ph.6, received 5th November 2025 h) Lutterworth Det Floor Plans and Elevations, received on 27th June 2024 i) Biodiversity Net Gain Statement & Assessment, reference no. BIOC23-144 v2.0 j) Grey Towers Village, Phase 6, Transport Statement, report no. 0001.1 dated 28/02/2024 k) Validation Survey Results, reference no. 1988.3A l) Flood Risk Assessment, reference no. 1016512-C-RPT-001 rev. E m) Proposed Drainage Layout Phase 6, drawing no. CLXX(52)4012-1 rev. R n) Proposed Drainage Layout Phase 6, drawing no. CLXX(52)4012-2 rev. Q o) Drainage Details, drawing no. CLXX(52)5021 rev. B p) Drainage Details, Sheet 2 of 2, drawing no. CLXX(52)5021.2 rev. C q) Foul Water Longsections POD A & B, drawing no. CLXX(52)5046 rev. E r) Surface Water Longsections POD A & B, drawing no. CLXX(52)5041 rev. E s) Proposed Attenuartion Ponds Plands and Typical Cross Sections, drawing no. CLXX(52)5011 rev. E t) Manhole Schedule, Phase 6, drawing no. CLXX(52)5001 rev. H u) Proposed Attenuation Pond Details, drawing no. CLXX(52)5012 rev. D v) Phase 6 Surface Water Cals, reference no. 1016512-CALC-SW-0001, dated 11.01.2024 w) Proposed External Levels, Phase 6 / POD B, Sheet 1, drawing no. CLXX(90)4002-1 rev. N x) Proposed External Levels, Phase 6 / POD B, Sheet 2, drawing no. CLXX(90)4002-2 rev. P y) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Site Layout, Site ID 08902 rev. RI z) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Alfreton, Site ID 08902 rev. RI aa) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Chester, Site ID 08902 rev. RI bb) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Ennerdale, Site ID 08902 rev. RI cc) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Hesketh, Site ID 08902 rev. RI dd) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Kingsley, Site ID 08902 rev. RI ee) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Lamberton, Site ID 08902 rev. RI ff) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Lutterworth, Site ID 08902 rev. RI gg) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Radleigh, Site ID 08902 rev. RI hh) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Woodcote, Site ID 08902 rev. RI ii) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, Electrical Layout, Site ID 08902 rev. R2 jj) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, AC Loft Space, Site ID 08902 rev. R2 kk) Solar PV Arrangement, Barratt Homes, Grey Towers Phase 6, AC Consumer Unit, Site ID 08902 rev. R2 ll) PV Panel Images, received 17th October 2025 mm) PV Panel Photo plot 319, received 25th November 2025 Reason: For the avoidance of doubt and to ensure that the development is carried out as approved.
2. Materials - Approved Details The development hereby approved shall be carried out in complete accordance with the external finishing materials detailed in the approved Materials Layout, drawing no. NE29 600-02 rev. C, or in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out 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.
3. Construction of Roads and Footways Prior to Occupation of Dwellings No dwelling to which this planning permission relates shall be occupied unless or until the carriageway base course and kerb foundation to the new estate road and footpath to which it fronts, is adjacent to or gains access from, has been constructed. Road and footway wearing courses and street lighting shall be provided within 3 months of the date of commencement on the construction of the penultimate dwelling of the development. Reason: To ensure appropriate access and egress to the properties, in the interests of highway safety and the amenity of residents having regard for Policies CS4, 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 (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.
5. Surface Water Drainage Approved Details The development shall not be occupied until the surface water drainage works have been implemented in accordance with the approved details listed below, or in accordance with details to be submitted to and approved in writing by the Local Planning Authority, which follow the principles as outlined in the Flood Risk Assessment, reference no. 1016512-C-RPT-001 rev. E and restricts surface water discharge from the development to a greenfield runoff rate of 5 l/s or as specified by the LLFA. a) Flood Risk Assessment, reference no. 1016512-C-RPT-001 rev. E; b) Proposed Drainage Layout Phase 6, drawing no. CLXX(52)4012-1 rev. R; c) Proposed Drainage Layout Phase 6, drawing no. CLXX(52)4012-2 rev. Q; d) Drainage Details, drawing no. CLXX(52)5021 rev. B; e) Drainage Details, Sheet 2 of 2, drawing no. CLXX(52)5021.2 rev. C; f) Foul Water Longsections POD A & B, drawing no. CLXX(52)5046 rev. E; g) Surface Water Longsections POD A & B, drawing no. CLXX(52)5041 rev. E; h) Proposed Attenuartion Ponds Plands and Typical Cross Sections, drawing no. CLXX(52)5011 rev. E; i) Manhole Schedule, Phase 6, drawing no. CLXX(52)5001 rev. H; j) Proposed Attenuation Pond Details, drawing no. CLXX(52)5012 rev. D; k) Phase 6 Surface Water Cals, reference no. 1016512-CALCSW-0001, dated 11.01.2024; l) Proposed External Levels, Phase 6 / POD B, Sheet 1, drawing no. CLXX(90)4002-1 rev. N; and, m) Proposed External Levels, Phase 6 / POD B, Sheet 2, drawing no. CLXX(90)4002-2 rev. P. 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.
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. PD Rights Removed Access Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that order with or without modification), no vehicular or pedestrian access other than that shown on the approved plans, shall be formed on the site without planning permission being obtained from the Local Planning Authority. Reason: To adequately control the level of development on the site to a degree by which the principle of the permission is based in the interests of amenity and highway safety having regard for Policies CS4, CS5, DC1 and sections 9 and 12 of the NPPF.
8. PD Rights Removed Means of Enclosure Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that order with or without modification), no fences, gates, walls or other means of enclosure (other than those expressly authorised by this permission) shall be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which forms the principle elevation/fronts onto a road, footpath or open space without planning permission being obtained from the Local Planning Authority. Reason: To adequately control the level of development on the site to a degree by which the principle of the permission is based, to protect the visual 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.
9. PD Rights Removed Extensions/Alterations and Outbuildings Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that order with or without modification), no building hereby approved shall be extended or materially altered in external appearance in any way, including additions or alterations to the roof, nor shall any ancillary buildings be erected in the curtilage of any property (other than those expressly authorised by this permission) without planning permission being obtained from the Local Planning Authority. Reason: To adequately control the level of development on the site to a degree by which the principle of the permission is based, to protect the visual 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.
10. Water Consumption Water usage will be limited to 115 litres/person/day as measured in accordance with a methodology approved by the Secretary of State. Reason: To ensure the appropriate mitigation of nutrients to protect the Teesmouth and Cleveland Coast Special Protection Area in accordance with the requirements of Regulation 63 of the Habitats Regulations.
11. Reason for Approval The proposed development of housing at Grey Towers is considered to be appropriate for both the application site itself and within the surrounding area, in that the proposal is in accordance with national and local planning policy. The relevant policies and guidance is contained within the following documents: - National Planning Policy Framework 2012 - Middlesbrough Local Development Framework (LDF) - Core Strategy (2008); Regeneration DPD and Proposal Map (2009) - Middlesbrough Housing Local Plan, Housing Core Strategy and Housing Development Plan Document (2014). In particular, the proposal meets the national planning policy framework and guidance, in that the proposal is for a housing development that would not be out of scale and character within the surrounding area, and would not be detrimental to the local and residential amenities of the area. Issues of principle regarding development on an allocated site, the layout and design of the housing scheme and the generation of traffic, have been considered fully, including those set out in the representations made by nearby residents, 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.
12. Discharge of Condition Fee Under the Town & Country Planning (Fees for Applications and Deemed Applications)(Amendment)(England) Regulations 2018, the Council must charge a fee for the discharge of conditions. Information relating to current fees is available on the Planning Portal website https://1app.planningportal.co.uk/FeeCalculator/Standalone?region=1. Please be aware that where there is more than one condition multiple fees will be required if you apply to discharge them separately.
13. Civil Ownership Matters This permission refers only to that required under the Town and Country Planning Act 1990 (as amended) and does not include any other consent or approval under any enactments, byelaw, order or regulation. The grant of planning permission does not override any third party rights which may exist over the application site. In addition, you are advised that any works affecting party walls or involving excavations for foundations adjacent to a party wall you will be required to serve notice on all adjoining owners before work commences and adhere to the requirements of the Party Wall Act 1996.
14. Rights of Access/Encroachment This planning approval does not permit any person to access another person’s land/property to enable the works to be completed, without their consent. Any encroachment into another person’s land/property above or below ground is a civil matter to be resolved between the relevant parties.
15. Building Regulations Compliance with Building Regulations will be required. Before commencing works it is recommended that discussions take place with the Building Control section of this Council. You can contact Building Control on 01642 729375 or by email at buildingcontrol@middlesbrough.gov.uk. Where a building regulations approval is obtained which differs from your planning permission, you should discuss this matter with the Local Planning Authority to determine if the changes require further consent under planning legislation.
16. 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. The applicant is advised to contact all the utilities prior to works commencing.
17. 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.
18. 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.
19. 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.
20. 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.

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