North East File Collection - NEFC

Permission is sought for non-material amendment of planning permission R-2021/0879/FF-Officer Report to amend wording of conditions 3 and 4.

The application relates to a site situated within the STDC site.

The proposed development was originally granted permission in 2021 under reference R-2021/0879/FF-Officer Report.

The approved conditions were worded as follows, with the following proposed wording being suggested:

Condition 3 – current wording

Prior to occupation of the building hereby approved a landscaping scheme shall be submitted to, and approved in writing by the Local Planning Authority. The details shall include size, type and species and a programme of work. The development shall be completed in accordance with the approved details.

REASON: to ensure that the development would respect the site and the surroundings in accordance with policy SD4 of the Local Plan.

Condition 3 – proposed wording

Prior to the installation of any soft landscaping, full details of any such works must be submitted to, and approved in writing by, the Local Planning Authority. The details shall include size, type and species and a programme of work. The development shall be completed in accordance with the approved details.

REASON: To ensure that any soft landscaping features installed are appropriate and respectful of the site and surroundings in accordance with

Policy SD4 of the Local Plan.

Condition 4 – current wording

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development, whichever is sooner, and any trees or plants which within a period of ten years from the completion of the development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

REASON: To ensure the satisfactory implementation of the approved scheme in the interests of the visual amenities of the locality.

Condition 4 – proposed wording

All planting, seeding or turfing specified in the approved landscaping scheme shall be carried out in accordance with the approved programme. Any trees or plants which within a period of ten years from installation die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning

Authority gives written consent to any variation.

REASON: To ensure the satisfactory implementation of any approved landscaping scheme in the interests of visual amenities of the locality.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise.

National Planning Policy Framework (NPPF)

SD1 Sustainable Development

SD2 Locational Policy

SD3 Development Limits

SD4 General Development Principles

R-2021/0879/FF-Officer Report Erection of a training facility with associated landscaping and parking areas Approved 15/12/21

No consultation due to the application being for a non-material amendment and not required by the legislation

Permission is sought for a variation to planning permission R-2021/0879/FF-Officer Report to amend conditions 3 and 4.

The main issues are, firstly in the context of the development, does the

• variation of the condition constitute a non-material amendment and secondly
• is the variation acceptable in the context of the scheme.

The variation of the conditions seeks to alter the timing/trigger point of the installation of landscaping at the site. It is proposed through the application to remove the need of the landscaping to be installed prior to the occupation of the building as currently required by the condition. This is due to other works taking place in close proximity to the site, likely to lead to issues within installing landscaping prior to occupation.

The variation of the conditions is not considered to result in a material alteration to the proposed development or compromise the delivery of the development as the resulting development will remain unaltered with the landscaping being provided at a later date than prior to occupation of the building. The same level of landscaping will be provide with the details of this still being required to be considered and discharged by the LPA.

Taking the contents of the report into consideration the proposed variation is considered acceptable as a non-material amendment. The application is therefore recommended for approval with the reworded conditions being proposed.

Taking into account the content of the report the recommendation is to:

GRANT NON MATERIAL AMENDMENT TO CONDITIONS 3 AND 4 OF R-2021/0879/FF-Officer Report

3. Prior to the installation of any soft landscaping, full details of any such works must be submitted to, and approved in writing by, the Local

Planning Authority. The details shall include size, type and species and a programme of work. The development shall be completed in accordance with the approved details.

REASON: To ensure that any soft landscaping features installed are appropriate and respectful of the site and surroundings in accordance with Policy SD4 of the Local Plan.

4. All planting, seeding or turfing specified in the approved landscaping scheme shall be carried out in accordance with the approved programme of work. Any trees or plants which within a period of ten years from installation die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

REASON: To ensure the satisfactory implementation of any approved landscaping scheme in the interests of visual amenities of the locality.

Statement of Co-operative Working: The Local Planning Authority considers that the application as originally submitted is a satisfactory scheme and therefore no negotiations have been necessary.

Case Officer

Mr D Pedlow

Principal Planning Officer

David Pedlow

14 February 2022

Delegated Approval Signature

Claire Griffiths

Development Services Manager

15/02/2022