Variation of condition 2 (Approved plans) on planning application 18/0060/FUL Installation of Solar Panels

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) Part Planning Layout, drawing no. NE-15-101; b) Part Materials Layout, drawing no. NE-15-102; c) Planning Floor Plans, Guimard 18, drawing no. 18-GU-B-11; d) Elevations - Render, Guimard 18, drawing no. 2130-GU-B-06.01 rev. A; e) Elevations - Facing Brick, Guimard 18, drawing no. 2130-GU-B-06.02 rev. A; f) Planning Floor Plans, Leonardo Grand 18, drawing no. 18-LE-G-11; g) Elevations - Facing Brick, Leonardo Grand 18, drwing no. 2130-LE-G-06.01; h) Planning Floor Plans, Linton 18, drawing no. 18-LE-B-11; i) Elevations - Facing Brick, Linton 18, drawing no. 2130-LI-B-06.01; j) Planning Floor Plans, Mitchell Garden Room 18, drawing no. 18-MI-GR-11; k) Elevations - Facing Brick, Mitchell GR 18, drawing no. 2130-MI-GR-06.01; l) Planning Floor Plans, Murray Garden Room, drawing no. 18-MU-GR-11; m) Elevations - Facing Brick, Murray Garden Room 18, drawing no. 2130-MU-GR 06.01; n) Elevations - Render, Murray Garden Room 18, drawing no. 2130-MU-GR-06.02; o) Planning Floor Plans, Nasmyth Garden Room 18, drawing no. 18-NA-GR-11; p) Elevations - Facing Brick, Nasmyth Garden Room 18, drawing no. 2130-NA-GR 06.01; q) Planning Floor Plans, Stewart Garden Room 18, drawing no. 18-ST-GR-11; r) Elevations - Facing Brick, Stewart Garden Room 18, drawing no. 2130-ST-GR 06.01-1; s) Elevations - Facing Brick, Stewart Garden Room 18, drawing no. 2130-ST-GR 06.01-2; t) Planning Floor Plans, Lawrie Grand 18, drawing no. 18-LA-G-11; u) Elevations - Facing Brick, Lawrie Grand 18, drawing no. 2130-LA-G-06.01; v) Planning Elevations, VN469, dated 21.03.19; w) Planning Plans, VN469 dated 21.03.19; x) Winstone, House Type Code: H421-H7, Spec:A1, drawing no. 14; y) Cornell, House Type Code: H433---7, Spec: A2, drawing no. 13; z) Earlswood, House Type Code: H585---7, Spec: A1, drawing no. 13; aa) Earlswood, House Type Code: H585---7, Spec: A1, drawing no. 14; bb) Holden, House Type Code: H469--H7, Spec: A1, drawing no. 17; cc) Manning, House Type Code: H577--H7, Spec: A1, drawing no. 13; dd) Manning, House Type Code: H577--H7, Spec: A1, drawing no. 14; ee) Ashtree, House Type Code: H455---7, Spec: A2, drawing no. 13; ff) Ashtree, House Type Code: H455---7, Spec: A2, drawing no. 14; gg) Avondale, House Type Code: H456--X7, Spec: A1, drawing no. 14; hh) Avondale, House Type Code: H456--X7, Spec: A1, drawing no. 15; ii) Bradgate, House Type Code: H417--H7, Spec: A2, drawing no. 14; jj) Buckingham, House Type Code: H597---7, Spec: A1, drawing no. 15; kk) Buckingham, House Type Code: H597---7, Spec: A1, drawing no. 16; ll) Floor Plan, Double Garage, drawing no. DG-03 rev. C; mm) Elevations, Double Garage, drawing no. DG-06 rev. A; nn) Proposed Boundary Treatments, drawing no. 2130_000_XX_DR_A_010; oo) Design and Access Statement, received 14th May 2019; pp) Proposed Streetscenes, drawing no. 2130_000_XX_DR_A_200; qq) Site Location Plan, drawing no. NE-29-05 A; rr) Masterplan, drawing no. NE-15-06 W; ss) Planning Layout - Layout 1, drawing no. NE-29-02 F; tt) Planning Layout Phase 6 Replan, drawing no. NE-37-02 C; uu) Planning Drawing Phases 3 and 7, drawing no. NE-29-42; vv) Planning Drawing Phases 5 and 6, drawing no. NE-29-43; ww) Planning Layout - Layout 4, drawing no. NE-29-07 J; xx) Presentation Layout Phases 3 and 7, drawing no. NE-29-47; yy) Presentation Layout Phases 5 and 6, drawing no. NE-29-48; zz) Parking Plan - Layout 1, drawing no. NE-29-08 B; aaa) Parking Plan - Layout 2, drawing no. NE-29-09 B; bbb) Parking Plan - Layout 3, drawing no. NE-29-10 C; ccc) Parking Plan - Layout 4, drawing no. NE-29-11 E; ddd) Parking Plan Phase 6 Replan, drawing no. NE-37-05 B; eee) Boundary Treatment Plan - Layout 1, drawing no. NE-29-12 B; fff) Boundary Treatment Layout Phases 3 and 7, drawing no. NE-29-53X; ggg) Boundary Treatment Layout Phases 5 and 6, drawing no. NE-29-54; hhh) Boundary Treatments Layout Phase 6 Replan, drawing no. NE-37-04 B; iii) Boundary Treatment Plan - Layout 4, drawing no. NE-29-15 E; jjj) Refuse Strategy Plan - Layout 1, drawing no. NE-29-16 B; kkk) Refuse Strategy Plan Phases 3 and 7, drawing no. NE-29-55; lll) Refuse Strategy Plan Phases 5 and 6, drawing no. NE-29-56; mmm) Refuse Strategy Plan - Layout 4, drawing no. NE-29-19 E; nnn) Refuse Strategy Plan Phase 6 Replan, drawing no. NE-37-06 B; ooo) Facing Materials Plan - Layout 1, drawing no. NE-29-22 B; ppp) Facing Materials Layout Phases 3 and 7, drawing no. NE-29-49; qqq) Facing Materials Layout Phases 5 and 6, drawing no. NE-29-50; rrr) Facing Materials Plan - Layout 4, drawing no. NE-29-25 E; sss) Facing Materials Layout Phase 6 Replan, drawing no. NE-37-03 C; ttt) Housetype Portfolio, drawing no. NE-29-21 E; uuu) Housetype Portfolio Phases 3 and 7, drawing no. NE-29-44; vvv) Housetype Portfolio Phases 5 and 6, drawing no. NE-29-45; www) Footpath Status Plan, drawing no. NE29-26; xxx) Phasing Plan, drawing no. NE-29-20; yyy) Planning and Affordable Housing Statement, dated 30th January 2018; zzz) Compliance Statement, reference no. NE-29-01; aaaa) Flood risk Assessment, reference no. 1016512-C-RPT-001 rev. B; bbbb) Drainage Strategy, reference no. 1016512-C-RPT-002; cccc) Drainage Strategy Documents by Cundall, Johnston and Partners dated 31st dddd) January 2018; eeee) Existing Services Assessment, reference no. 1016512-C-RPT-003; ffff) Transport Assessment 2nd Issue, reference no. JN1564-Rep-0001.2; gggg) Residential Travel Plan 1st Issue, reference no. 0002.0; hhhh) Arboricultural Method Statement, dated 24th January 2018; iiii) Existing Trees Shown on Existing Layout, North East Section, drawing no. EXI NE; jjjj) Existing Trees Shown on Existing Layout, North West Section, drawing no. EXI NW; kkkk) Existing Trees Shown on Existing Layout, South East Section, drawing no. EXI SE; llll) Existing Trees Shown on Existing Layout, South West Section, drawing no. EXI SW; mmmm) Tree Protection Plan (TPP) North East Section, drawing no. TPP NE; nnnn) Tree Protection Plan (TPP) South East Section, drawing no. TPP SE; oooo) Tree Protection Plan (TPP) North West Section, drawing no. TPP NW; pppp) Tree Protection Plan (TPP) South West Section, drawing no. TPP SW; qqqq) Tree Protection Plan (TPP), drawing no. AMS TPP; rrrr) NHBC Foundation Design, North East Section, drawing no. NHBC NE; ssss) NHBC Foundation Design, South East Section, drawing no. NHBC SE; tttt) NHBC Foundation Design, North West Section, drawing no. NHBC NW; uuuu) NHBC Foundation Design, South West Section, drawing no. NHBC SW; vvvv) Ecological Impact Assessment, dated January 2018; wwww) Preliminary Ecological Appraisal, dated January 2018; xxxx) Energy Statement, dated January 2018; yyyy) Communications Infrastructure Connectivity Statement, dated January 2018; zzzz) Lighting Assessment, reference no. 1016512; aaaaa) Noise Impact Assessment, reference no. 6122.2 rev. A; bbbbb) Application Plan, drawing no. 2041-D-40 rev. E; ccccc) Air Quality Assessment, reference no. NT13578 0001; ddddd) Phase I Desk Study, reference no. 1001748; eeeee) Waste Audit, dated February 2018; fffff) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers Site Layout, Site ID 08109 rev. RI: ggggg) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Avondale H456 X-G7, Site ID 08109 rev. RI: hhhhh) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Bradgate H417 X-H7, Site ID 08109 rev. R2: iiiii) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Chelworth H497 X-H7, Site ID 08109 rev. RI: jjjjj) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Cornell H433 X-G7, Site ID 08109 rev. RI: kkkkk) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Emerson H500 X-G7, Site ID 08109 rev. RI: lllll) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Hadley P341 XDG7, Site ID 08109 rev. RI: mmmmm) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Holden H469 X-H7, Site ID 08109 rev. RI: nnnnn) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Winstone H421 X-H7, Site ID 08109 rev. RI: ooooo) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, Electrical Layout, Site ID 08109 rev. R2: ppppp) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, AC Loft Space, Site ID 08109 rev. R2: qqqqq) Solar PV Arrangement, Barratt Homes (David Wilson), Grey Towers, AC Consumer Unit, Site ID 08109 rev. R2: and, rrrrr) PV Panel Images, received 17th October 2025. Reason: For the avoidance of doubt and to ensure that the development is carried out as approved.
2. 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.
3. 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.
4. Noise Assessment The approved use shall be developed in accordance with the approved Noise Impact Assessment,reference no. 6122.2 rev. A. Any deviations from the recommendations made in the report shall be submitted to the local planning authority for approval prior to the occupation of the dwellings. Reason: To ensure a satisfactory form of development in the interests of the amenities of residents.
5. 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.
6. 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.
7. Hedges and Hedgerows All hedges or hedgerows on the site unless indicated as being removed shall be retained and protected on land within each phase in accordance with details submitted to and approved in writing by the local planning authority for the duration of works on land within each phase unless otherwise agreeing in writing by the local planning authority. In the event that hedges or hedgerows become damaged or otherwise defective during such period the local planning authority shall be notified in writing as soon as reasonably practicable. Within one month a scheme of remedial action, including timetable for implementation shall be submitted to the local planning authority. The approved scheme shall be implemented in accordance with the approved timetable. Any trees or plants which within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To prevent the loss of or damage to existing hedgerows and natural features 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. 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.
9. 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.
10. 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.
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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