SUNDERLAND COUNCIL MALADMINISTRATION. RECORD OF DECISION MADE UNDER DELEGATED POWERS.pdf

13/00249/FUL

DEVELOPMENT CONTROL SECTION

RECORD OF DECISION MADE UNDER DELEGATED POWERS

Proposal:: Erection of a two storey terrace of buildings to provide flexible mixed use development of 5 no. commercial units on the ground floor (mix of use classes A1 (retail), A3 (restaurant and cafe), A4 (drinking establishment), A5 (hot food take-away) and 6 no. first floor units comprising of dwelling houses (use class C3) and offices (use class B1) with associated parking area and bin store to ground floor and raised decking to north elevation. (amended description) Location Former Jobes Cafe Marine Walk Sunderland SR6 OPL Date App. Valid 07.02.2013 Date of Site Visit 04.03 .2013 Photos Taken 04.03.2013 Paragraph of Delegation Scheme Relied Upon:- 2 10

IS THIS A CONFIDENT IAL MATTER AS REFERRED TO IN PARAGRAPH 7 OF THE GUIDANCE YES/NO

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Leonard Lowther� 10/11/13 21:12Comment [1]: Whether or not a planning application is reported to Committee for determination is set out within the Council Constitution. Part 3 ‘Responsibility for Functions’ of the Constitution sets out the functions of the Planning and Highways Committee and the three Development Control Sub Committees (North Sunderland, Sunderland South & City Centre and Hetton, Houghton and Washington). It specifies the types of applications that the Sub Committees will be responsible for determining, namely: “the following applications under the Town and Country Planning Act 1990 the Planning and Listed Buildings and Conservation Areas Act 1990,and any related secondary legislation: 1) Applications (other than those for approval of reserved matters) comprising residential development of ten or more dwellings or the site area is 0.5 acres or more; or other developments where the floor space is 500 sq. meters (gross) or more or the site areas is 1 hectare or more. The floor area within this planning application is greater than 500 sq. meters and under legislation should have been decided by committee. I believe this to be maladministration.

Leonard Lowther� 10/11/13 21:12Comment [2]: First floor offices with associated parking but then on page 11 the only 5 car parking spaces available are designated to the residential units? The 5 car parking spaces can not be designated to the first floor office use on page 1 then on page 11 the same 5 car parking spaces designated to the residential units. I believe this to be maladministration.

Planning History

02/01498/FULErection of single storey cafe with pitched roof with patio area. (As amended plan received the10.10.2002.) 03/02413/FULErection of a two storey building to provide bar with family area, restaurant and two staff apartments. 13/00249/FULErection of two storey terrace of buildings to provide flexible mixed use development of up to 5 no. commercial units on the ground floor (mix of use classes A1 (retail), A3 (restaurant and cafe), A4 (drinking establishment) , A5 (hot food take-away) and a total of up to 6 no. residential units (use class C3 (dwelling houses) and/ or offices (use class B1 (business) on the upper floor with associated parking area and bin store to ground floor and raised decking to north elevation. (amended description) (D1 use removed from proposal 20.05.2013) 85/1459USE OF AMUSEMENT ARCADE AS A WATER SPORTS CENTRE

Constraints:-

Coal Authority Standing Advice Conservation Area Defence Estates Safeguarding M Gentoo Housing Renewal Areas Archived Landfill Non Active Landfill Previous Industrial Use Polygo Seaburn and Roker Consultation Sea Front Base Smoke Control Area Unitary Development Plan - Pol

Policies

EN_ 10_ Proposals for unallocated sites to be compatible with the neighbourhood B_2_Scale, massing layout and setting of new developments B_3_Protection of public/ private open space (urban green space) B_4_Development within conservation areas B_6_Measures to preserve and enhance conservation areas B_ 10_Development affecting the setting of listed buildings L_7_Protection of recreational and amenity land NA_6_Encouragement to improvement of commercial and social structures in the Coastal zone NA_26_Development I enhancement of Coastal & Seafront Zone for leisure and tourism ; retention of open space. NA_30_Protection and enhancement of important views EC_8_Support for tourist and visitor attractions. T_ 14_Accessibility of new developments , need to avoid congestion and safety problems arising

Type of publicity: Site Notice Neighbour Notifications

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Leonard Lowther� 10/11/13 21:12Comment [3]: 6 Residential Units but still 5 car parking spaces? A deliberate declaration leaving open the opportunity to develop the first floor into all residential (and/ or) all offices. I believe this to be maladministration.

Consultees: Planning Implementation Cllr Stephen Bonallie Cllr Barry Curran Cllr Julia Jackson Network Management Northumbrian Water Environmental Health Design Services Planning Policy Port Manager Planning Implementation Cllr Stephen Bonallie Cllr Barry Curran Cllr Julia Jackson Network Management Northumbrian Water Environmental Health Design Services Planning Policy Port Manager

Neighbour Consultations: The Licensee The Smugglers Marine Walk Sunderland SR6 OPL Flat E Victoria House 2 South Cliff Sunderland SR6 OPH Flat D Victoria House 2 South Cliff Sunderland SR6 OPH Flat 15 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 14 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 13 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 12 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 11 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 10 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 9 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 8 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 7 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 6 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 5 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 4 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 3 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 2 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Flat 1 South Lodge 12 - 13 South Cliff Sunderland SR6 OPH Apartment 8 Third Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 7 Third Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 6 Second Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 5 Second Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 4 First Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 3 First Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 2 Ground Floor The Park Avenue South Cliff Sunderland SR6 OPH Apartment 1 Ground Floor The Park Avenue South Cliff Sunderland SR6 OPH Upper Floor The Nook South Cliff Sunderland SR6 OPH Middle Floor The Nook South Cliff Sunderland SR6 OPH

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Lower Floor The Nook South Cliff Sunderland SR6 OPH Flat 2 Roker House South Cliff Sunderland SR6 OPH Flat 3 Roker House South Cliff Sunderland SR6 OPH Flat 5 Roker House South Cliff Sunderland SR6 OPH Flat 4 Roker House South Cliff Sunderland SR6 OPH Flat 1 Roker House South Cliff Sunderland SR6 OPH Adventure Sunderland Watersports Centre Marine Walk Sunderland SR6 OPL Flat 6 11 South Cliff Sunderland SR6 OPH Flat 2 9 South Cliff Sunderland SR6 OPH Northeast Diving Academy 1 Roker Pier Cottages Marine Walk Sunderland SR6 OPL 2 Roker Pier Cottages Marine Walk Sunderland SR6 OPL Flat 1 11 South Cliff Sunderland SR6 OPH Flat 2 10 South Cliff Sunderland SR6 OPH Flat 7 11 South Cliff Sunderland SR6 OPH 4C South Cliff Sunderland SR6 OPH 7B South Cliff Sunderland SR6 OPH 6C South Cliff Sunderland SR6 OPH 4D South Cliff Sunderland SR6 OPH

3D South Cliff Sunderland SR6 OPH First Floor Victoria House 2 South Cliff Sunderland SR6 OPH 1E South Cliff Sunderland SR6 OPH 1A South Cliff Sunderland SR6 OPH 1F South Cliff Sunderland SR6 OPH Flat C Victoria House 2 South Cliff Sunderland SR6 OPH The Bungalow Cafe Harbour View Pier View Sunderland SR6 OPR Flat 4 11 South Cliff Sunderland SR6 OPH Flat 3 11 South Cliff Sunderland SR6 OPH Flat 3 10 South Cliff Sunderland SR6 OPH 1D South Cliff Sunderland SR6 OPH Alan Gender The Bungalow Pier View Sunderland SR6 OPR 4B South Cliff Sunderland SR6 OPH 6A South Cliff Sunderland SR6 OPH 1B South Cliff Sunderland SR6 OPH Flat 2 11 South Cliff Sunderland SR6 OPH Flat 6 10 South Cliff Sunderland SR6 OPH Flat 5 10 South Cliff Sunderland SR6 OPH Andover South Cliff Sunderland SR6 OPH 7D South Cliff Sunderland SR6 OPH 7C South Cliff Sunderland SR6 OPH 7A South Cliff Sunderland SR6 OPH 6D South Cliff Sunderland SR6 OPH 6B South Cliff Sunderland SR6 OPH Flat 5 11 South Cliff Sunderland SR6 OPH 4A South Cliff Sunderland SR6 OPH 3C South Cliff Sunderland SR6 OPH 3B South Cliff Sunderland SR6 OPH 3A South Cliff Sunderland SR6 OPH Volunteer Life Brigade Watch House Pier View Sunderland SR6 OPR Flat B Victoria House 2 South Cliff Sunderland SR6 OPH Flat A Victoria House 2 South Cliff Sunderland SR6 OPH 1C South Cliff Sunderland SR6 OPH 8 South Cliff Sunderland SR6 OPH 5 South Cliff Sunderland SR6 OPH Flat 3 9 South Cliff Sunderland SR6 OPH

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9 South Cliff Sunderland SR6 OPH Flat 8 11 South Cliff Sunderland SR6 OPH Marine Activities Centre Marine Walk Sunderland SR6 OPL Flat B The Smugglers Marine Walk Sunderland SR6 OPL Roker Amusements Marine Walk Sunderland SR6 OPL Adams And Bellerby W Bellerby Amusement Arcade Marine Walk Sunderland SR6 OPL Flat A The Smugglers Marine Walk Sunderland SR6 OPL W Bellerby Shop Marine Walk Sunderland SR6 OPL Final Date for Receipt of Representations: 26.03.2013

Reason for decision

Site The host site is situated on Marine Walk within the Roker area of Sunderland. The land subject to the development overlooks the North Sea and is largely utilised as an informal car park. Outside the confines of the immediate site, the land is bound to the north and west by amenity open space which steeply rises on an east to west axis whilst to the east sits the properties of 1 and 2 Roker Pier Cottages beyond which lies the Grade II listed pier and lighthouse. Below the site to the south is the Adventure Sunderland building and a large public car park. The site has previously been subject to an unimplemented planning approval in 2004 (Plan ref: 03/02413/FUL) for the erection of a two storey building providing a bar, restaurant and staff accommodation .

Proposal The development proposal is to create 5no flexible ground floor premises all with internal floor areas of 67sqm. In creating a flexible ground floor use this would provide the opportunity for utilising the units for the purposes of A1 (retail), A3 (restaurants and cafes), A4 (drinking establishments) and A5 hot food takeaways. At the request of the agent (e-mail dated 20.05.2013) the consideration of D1 uses as part of the scheme has been removed. The ground floor units would provide a glazed frontage onto Marine Walk whilst doors to the rear of the units will offer access to the refuse area and provide fire escapes.

At first floor it is proposed to create a maximum of 6no residential units, 5no with internal floor areas of 67sqm and 1no with a floor area of 100sqm. The first floor plans provide an indicative layout which shows 4no residential units and 2no offices. The apartments would have two bedrooms, a bathroom and a kitchen/living/dining area which would provide outlook on to the North Sea via floor to ceiling glazing and Juliette balconies. The first floor dwellings and offices would be accessed via a rear walkway whilst rear open terraces are also proposed for each unit.

The linked detached building to the south of the 5no units would provide five allocated parking bays and a refuse area at ground floor. To the north of the mixed development site it is proposed to provide an external customer seating area which would be utilised in conjunction with the ground floor commercial units.

The design principles behind the scheme including the high pitched roofs and the use of pastel coloured timber cladding has been heavily influenced by beach huts which have enjoyed a

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Leonard Lowther� 10/11/13 21:12Comment [4]: A condition placed upon 03/02413/FUL was Quote: The occupation of the two flats shall be limited to employees associated with the bar/restaurant only and at no time shall there be occupied as separate private dwelling units, in order to achieve a satisfactory form of development and to comply with policy B2 of the UDP. Leonard Lowther� 10/11/13 21:12Comment [5]: Sunderland City Council UDP Main Strategic Aims 1.24 A strategy for the future of Sunderland ought therefore to aim to:-‐ ensure that any special needs of those residents of the City who experience social, economic, racial or physical disadvantages are taken into account in all development and regeneration proposals. Equality Act 2010 149 Public sector equality duty (1) A public authority must, in the exercise of its functions, have due regard to the need to— (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; This delegated report decision is contrary with Sunderland City Council UDP Main Strategic Aims and is not compliant to the Equality Act 2010.

Leonard Lowther� 10/11/13 21:13Comment [6]: Proposal of 6 residential units no offices.

Leonard Lowther� 10/11/13 21:13Comment [7]: Now it is suggested the first floor will be 4 residential units plus TWO offices?

traditional presence on sea fronts up and down the country. Grey tiles and grey aluminium framed windows are also to be utilised.

Representations 4no objections have been received in relation to the application. The concerns relate to;

o The plans did not form part of the seafront consultation exercise. o It is not clear how disabled access will be met as the plans show stairs leading to the living accommodation above. o Whilst investment in the Sea front is welcomed there is concern over the scale of the development which could lead to an oversubscription of commercial units. o The blanket (flexible) nature of the use may lead to uses such as off-licences/mini marts occupying a unit in order to make the scheme economically viable resulting in the potential for anti social behaviour. o The proposed development is inappropriate for the area and would not enhance the experience of visitors or increase footfall as required by the Marine Walk Master Plan. o There is not enough allocated parking for the use and retailers will therefore park in front of their businesses or use the car park next to the lifeboat house. o The public car parks in Marine Walk are oversubscribed in the summer resulting in a loss of spaces available to the people whom the development is intended to attract. o Consultation exercises have never mentioned the need for housing on Marine Walk . o The development is not an attractive proposal and would block the beautiful sight lines both up and down Marine Walk . o The development would be detrimental to highway safety due to vans making deliveries, the coming and going of residents/visitors to residents and occupiers of the commercial premises.

External consultee responses

Northumbrian Water No observations received

Internal consultee responses Network management. The proposals are generally acceptable in terms of parking/servicing arrangements .The proposed residents' bays will require the provision of footway crossings for vehicular access and the removal of the adjacent traffic calming pinch point.

Public Health No desk study is available for the site and although logs from the tree boreholes have been provided from Solmek, there is no interpretation, conceptual model of potential pollutant linkages or risk assessment. The road-side development facing Roker Pier comprises commercial buildings with first-floor residential flats and some landscaping . This is a relatively insensitive land use to soil contamination since there are no private gardens evident and therefore limited potential for

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Leonard Lowther� 10/11/13 21:13Comment [8]: The ground floor area is 335 sq meters with approval for classes A3/A4/ A5. This planning application should have been checked using the Tyne & Wear Validation Checklist. Transport Assessments & Statements, Travel Plans, Parking & Highways. I believe this to be Maladministration. A3 -‐ Restaurants and Cafés ... [1]

Leonard Lowther� 10/11/13 21:13Comment [9]: Comment 1 above highlights the fact that the 5 proposed parking bays have on page 1 been allocated for the planned office facilities not residents parking bays. The plans indicate 5 parking spaces for the whole development. Sunderland Council UDP Chapter 20 -‐ Sunderland North 20.86 Marine Walk: General seafront related development of the existing two main groups of structures to consolidate/improve existing facilities will be acceptable provided they are of a high standard of design, servicing arrangements are acceptable and proposals will not result in a significant increase in traffic generation. Marine Walk Masterplan 3.2 Movement, arrivals and connections Integration between vehicular, cycle and pedestrian traffic has proved unsuccessful resulting in a number of points across the masterplan area where significant conflicts between users occur. This delegated report decision did not follow the requirements of the UDP or consider the concerns raised in the Marine Walk Masterplan regarding road safety. This decision report gives/provides inaccurate information which I believe is maladministration.

direct contact by residents with contaminated soils . Similarly the risk to residents from toxic vapours is mitigated by the commercial properties . However, whilst there is no indication of a risk from ground gases, an explosion on the ground floor would obviously be a hazard to residents. One of three borehole proved "natural ground" at a depth of 1.2mbgl, however this comprised 0.1m of Limestone over "Loose SAND" . The other two boreholes were completed in Made Ground to a maximum depth of 3.2mbgl. Made Ground comprised "Loose dark brown sand" with varying amounts of gravel or sometimes "Firm dark brown sandy clay". Variable quantities of "brick rubble" and "ash" are also present in Made Ground. There is no gross contamination evident however demolition rubble may contain asbestos. The Made Ground may not be suitable as subsoil or in particular topsoil for landscaping.

Soils are loose and therefore there are geotechnical issues for foundations to be resolved . Foundations may create arisings from Made Ground, which could possibly be a risk to site workers and members of the public, as well as being a consideration for waste disposal.

In light of the above, it is recommended that Planning Conditions for a Desk Study and Site Investigation are warranted for the following reasons: 1. The application is a commercial development including several residences 2. Geo-environmenta l hazards of landfill gas and mining need to be addressed . 3. Risk to construction workers from contaminants including Asbestos in demolition rubble. 4. Risk from chemical attack on construction materials. 5. Ground stability issues.

Heritage Protection Team The proposal has been subject to detailed discussions and is considered to be acceptable. The proposed development supports the aims and objectives of the Council's adopted Seafront Regeneration Strategy and the Marine Walk Masterplan Supplementary Planning Document. It is also considered to be consistent with the management objectives and proposals of the Roker Park Conservation Area Character Appraisal and Management Strategy (CAMS)

The design of the proposed buildings is considered to be particularly appropriate for their beach front setting and character of the Conservation Area.The form, styling and materials, in particular the timber elevations ,take inspiration from the traditiona l timber buildings that historically lined the lower promenade.The siting, scale and orientation of the buildings also respond sympathetically and positively to the listed Pier and the opposing Roker Pier Cottages. The green break provided by the embankment between the upper and lower promenades will importantly be retained.

In summary the proposed development will introduce onto a largely derelict site much needed activity and a built form that will enhance the essential character and appearance of this part of the Roker Park Conservation Area , in accordance with Management Objective 6 and Proposal Sa of the CAMS which seek to enhance the lower promenade as an area of activity and distinctive character through high quality and innovatively designed new buildings.

Issues

The main issues to be considered in determining this application are:

the principle of the proposed development ; the impact on visual amenity , character of conservation area and setting of listed

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Leonard Lowther� 10/11/13 21:13Comment [10]: Marine Walk Masterplan page 64 5.8 Development Principals and Parameters The scale and massing must respond to the surrounding development and landscape. Building heights should be no higher than the existing build form. This development is higher than Adventure Sunderland the tallest building on Marine Walk. I believe this to be maladministration.

Leonard Lowther� 10/11/13 21:13Comment [11]: Roker Park Conservation Area Character Appraisal and Management Strategy Page 40 Objective 6 The relationship of new buildings to the surrounding landscape and townscape will be an important factor in the promenade's redevelopment. One such site has recently been developed with the construction of the Sunderland Marine Adventure Centre. The general scale, height (at 2 storeys) and building line of this development should set a pattern for future developments along Marine Walk, although a range of distinctive building forms and styles will be appropriate. This development has not been required to adopt the build line of Adventure Sunderland. I believe this to be maladministration.

structures the impact of the proposal on the amenity of nearby residents; and accessibility and the impact of the development on highway and pedestrian safety.

Principle of Proposed Development The majority of the land subject to the development is not allocated for any specific land use within the Council's Unitary Development Plan (UDP) and, as such, is subject to policy EN10. This policy dictates that, where the UDP does not indicate any proposals for change , the existing pattern of land use is intended to remain.

It is also evident that the proposal would also incur slightly into areas of amenity open space covered by UDP policies B3 and L7, to the north and south of the existing temporary car park. The former states that 'public and private open space will be protected from development which would have a serious adverse effect on its amenity, recreational or nature conservation value ; proposals will be considered in the light of their contribution to urban regeneration and to the importance of such space to the established character of the area' whilst the latter advises that 'the undeveloped part of the site is classified as part of an area of existing open space over one hectare and, as such, policy L7 of the UDP applies , which aims to protect land allocated for open space or outdoor recreation. In respect of this application, conformity with policy L7 will only be met if; (ii) There would be no significant effect on the amenity , recreational and wildlife habitat value of the site. With specific reference to the seafront , policy NA6 of the UDP states that the City Council will encourage improvements to the existing commercial and social structures in the coastal zone to help ensure their viability and maximise their potential contribution to the environment of the seafront. In addition,UDP policy NA26 dictates that the seafront zone between the river mouth and the city boundary with South Tyneside will be developed and enhanced to accommodate a range of facilities providing a focus for leisure activity and tourism serving the region whilst any development should , by the quality of its design, retain and if possible enhance the underlying character of the zone and existing open spaces and associated areas will be retained for passive recreation use. Furthermore , UDP Policy NA30 seeks to preserve sea views along the Roker, Seaburn and Whitburn Bents frontage . More generally, UDP policy EC8 specifies that the Council will support the expansion of activities catering for tourists and other visitors by: (i) identifying , consolidating and safeguarding attractions; (ii) refusing proposals which would have an adverse impact on tourist attractions (as identified in the area chapters); (iii) actively encouraging opportunities for new tourist initiatives, especially where they are near existing areas of visitor interest; (iv) providing cycle and car parking for visitors , and footpaths and interpretative facilities at tourist attractions. In order to support UDP policies NA6, NA26 and NA30, the City Council has produced the Seafront Regeneration Strategy and the Marine Walk Master Plan the contents of which are material in determining planning applications. These documents outline the aims and objectives

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of future seafront regeneration with particular emphasis attached to the role the seafront has to play in promoting Sunderland as a liveable city and nurturing the seafront to create an attractive , accessible and desirable destination for the purposes of attracting visitors and residents to the city. The Marine Walk Master Plan sets out the parameters for the principle of development, focusing on providing a mix of uses which complement adopted planning and design policy, with a desire to achieve a range of cultural and tourism uses in order to provide a safe and pleasant environment for all. In this respect, the focus is to offer a range of facilities which help to activate Marine Walk and the surrounding locality. The proposed development would offer the potential for a variety of uses including A3 (cafes and restaurants) which are specifically identified within the Master Plan as being acceptable whilst uses such as A1 (retail), A4 (drinking establishments) and A5 (hot food takeaways) are also considered to support the tourist driven regeneration of the seafront by proving a range of services. Similarly, whilst the introduction of residential accommodation and offices has not been specifically outlined within the Master Plan, it is considered that the introduction of such uses would only help to enhance the overall vibrancy of the area. Furthermore, the residential occupancy of some or part of the upper floor would assist in offering a degree of natural surveillance and security to the area. Indeed, in order to help maintain and increase vibrancy within the area it is considered that the upper floors of the building should be predominantly occupied by residential and that the proposed office floor space should be restricted via an appropriately worded condition.

In addition, whilst it is acknowledged that the intention of the development is to provide a flexible mixed use development , it is considered to be inappropriate , given the unique positioning and nature of the development opportunity , to see a single A5 (hot food use) potentially dictate the full extent of the lower level commercial floor space . In its own right, it is not considered that a single AS use would assist in achieving the aims and objectives of UDP polices NA6 and NA26 as outlined above. As such and subject to the development being approved, it would be necessary to restrict the levels of floor space that could be occupied by an A5 use.

The proposal has been the subject of extensive pre-application discussions and proposes a mixed use development which is considered to support the aims and objectives of the above policies by making a positive contribution to Marine Walk through the enhancement of its character and vitality. The development is therefore considered to accord with policy EN10 and whilst it is acknowledged that the development would incur in to small areas of the open amenity space to the north and south of the site,such incursions would have no serious adverse effect on the lands amenity, recreational or nature conservation value in this instance thereby according with policies B3 and L7.

In light of the above, it is considered that the proposed development constitutes an appropriate use of the land.

Visual Amenity, Character of Conservation Area and Setting of Listed Structures

Policy B2 of the adopted UDP relates to new developments and extensions to existing buildings and states that their scale, massing, layout or setting should, 'respect and enhance the best qualities of nearby properties and the locality and retain acceptable levels of privacy' whilst policies 84 and 86 require all development within conservation areas to preserve or enhance their character or appearance and encouraging the retention of existing buildings and the

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Leonard Lowther� 10/11/13 21:13Comment [12]: A condition placed upon 03/02413/FUL was Quote: The occupation of the two flats shall be limited to employees associated with the bar/restaurant only and at no time shall there be occupied as separate private dwelling units, in order to achieve a satisfactory form of development and to comply with policy B2 of the UDP. Leonard Lowther� 10/11/13 21:14Comment [13]: As stated on Page 14. (5) Notwithstanding the submitted plans, no more than 240 square metres of the available 450 square metres of internal floor space at first floor level shall be used for the purposes of use class B1… Which contradicts this recommendation. I believe this to be maladministration.

improvement of features. In addition, UDP policy B10 advises that proposals in the vicinity of listed structures do not adversely affect their character or setting

The Roker Park Conservation Area Character Appraisal and Management Strategy (CAMS) provides more area-specific guidance. Management Objective 6 seeks to secure the appropriate enhancement of the lower promenade as an area of activity and distinctive character whilst Proposal 6a seeks to secure high quality and innovative building designs and high quality, coordinated environmental improvements in all development proposals for Marine Walk. The design principles contained within the Marine Walk Master Plan stipulate that proposals should;

o Take an innovative approach to the design of new buildings that reflects and reinforces the areas distinctive character, conservation areas status and beach front location

o Take influence from the best elements of the surroundings and built form/incorporate contemporary architecture that responds to the locality.

o Respond to Marine Walks landscape context and take advantage of its coastal location.

Maximise Coastal Views;

o Respond to the setting of the Listed Building in and around the area including the pier and lighthouse.

o Form a high quality and active edge to the coast, animating the promenade through windows and other features.

It is clear that the developments design principles have been thoroughly considered ,with the form, styling and materials taking inspiration from the traditional timber buildings that historically lined the lower promenade. The 'beach hut' appearance of the proposed buildings would present a distinct and innovative form of development that would compliment the character of Marine Walk. Due to the sharp fall in gradient to the west, the development would be positioned substantially below the upper promenade of Roker Terrace thereby substantially reducing it's prominence within this context. Further, the Heritage Team have confirmed that the siting, scale and orientation of the buildings would also respond sympathetically and positively to the listed Pier and the opposing Roker Pier Cottages.

Having regard to the above policies and guidance, and following consultation with the Council's Built Heritage team, it is considered that the proposal accords with the requirements of policy B2, B4, B6, B10, The Roker Park Conservation Area Character Appraisal and Management Strategy (CAMS) and the Marine Walk Master Plan.

The impact of the proposal on the amenity of nearby residents As the proposed uses are considered to be appropriate to the seafront setting and given that the nearest residential properties are located a notable distance away, it is not considered that the development would have any significant adverse impact on the living conditions of surrounding residents in this instance

The opposing cottages are partially commercial in nature with No's 1 and 2 obtaining planning permission in 2013 to operate as a cafe/hot food takeaway whilst further afield the nearest residential dwellings on Roker Terrace are situated over 60m away and are separated from the

Leonard Lowther� 10/11/13 21:14Comment [14]: 2 Pier Cottages (my home) is directly opposite the proposed elevated outdoor seating area 11 meters distance. I believe this to be maladministration.

Leonard Lowther� 10/11/13 21:14Comment [15]: No 2 Pier Cottages has never applied for planning permission it has always been and still is solely residential in use. I believe this to be maladministration.

Leonard Lowther� 10/11/13 21:14Comment [16]: 2 Pier Cottages is residential and 11 meters from the proposed site. I believe this to be maladministration.

host site by a steeply rising green verge and vehicular highway.

Nonetheless, as the scheme would see the introduction of residential units above what could be potentially A1, A3, A4 and A5 uses, the future protection of the occupant's amenity must be considered through the imposition of appropriately worded conditions . Such conditions would need to address the future extraction of odours and gases created by cooking whilst a restriction of opening hours and the submission of a noise assessment which includes any measures/recommendations required to ensure that future residents experience reasonable levels of peace and quiet would also be necessary.

Subject to the imposition of these conditions, the development is considered to comply with the provisions of UDP policy B2.

Accessibility and Highway and Pedestrian Safety

UDP Policy T14 aims to ensure that new developments are easily accessible to both vehicles and pedestrians, should not cause traffic problems, should make appropriate provision for safe access by vehicles and pedestrians and indicate how parking requirements will be met.

It is noted that objections have referenced a perceived lack of allocated parking to serve the new units whilst there are also concerns that the development would be detrimental to highway safety due to vans making deliveries and the comings and goings of residents/visitors/occupiers to the commercial premises.

The City Council's Transportation Engineers have considered the proposal and have raised no objection to it. It has been confirmed that the proposed 5no parking bays are adequate to serve the upper floor residential uses whilst there is also considered to be ample public car parking to the south and a further area of parking on Roker Terrace to the west.

Furthermore, as Marine Walk is a designated No parking Zone, the concerns raised over parking to the front of the new units is likely to be unfounded. Nonetheless, should instances of illegal parking occur they can be dealt with through parking enforcement measures.

In terms of highway safety, it is noted that concerns have been raised over the potential comings and goings of cars and delivery vehicles. In respect of the above , it is noted that the site is currently utilised as in informal parking area and cars already use this designated stretch of highway on Marine Walk, furthermore it is evident that an existing loading bay is already in situ directly opposite the site.

It is therefore considered that there is sufficient parking on-site and within the area to accommodate the proposed uses whilst it is considered that the development would have no detrimental impact on the safety of pedestrians in this instance

Other issues raised by objectors

Q. The plans did not form part of the seafront consultation exercise.

A . The host site is clearly identified within the Marine Walk Master Plan as a future development site.

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Leonard Lowther� 10/11/13 21:14Comment [17]: A previous planning application (03/02413/FUL) was used as a precedent document to assist approval of this planning application. Yet conditions imposed on (03/02413/FUL) were not imposed on this planning approval. 14. No deliveries shall be taken at or dispatched from the site between 10.00hrs and 22.00hrs to ensure that highway safety is not compromised and to comply with policy T14 of the UDP.

Leonard Lowther� 10/11/13 21:14Comment [18]: Sunderland North UDP states: development at Marine Walk requires, servicing arrangements are acceptable and proposals will not result in a significant increase in traffic generation. If this application had been properly decided by a committee of local councilors they would have considered the present and ongoing traffic / pedestrian / cyclist problems on Marine Walk. Only 4 parking bays for the full development is ridiculous and will have major impact on the already over prescribe parking facilities on Marine Walk.

Leonard Lowther� 10/11/13 21:15Comment [19]: The City Council's Transportation Engineers only comment was: NOTE -‐ VEHICLE ACCESS Marine Walk is currently subject to alterations and improvements as part of the Councils Public Realm Master Plan. The proposals are generally acceptable in terms of parking/servicing arrangements. The proposed residents parking bays will require provision for footway crossing (vehicle access). This will also require removal of the adjacent traffic calming pinch point. The applicant should contact the Councils Planning Implementation Section No mention of servicing arrangements or parking for offices or retail units. No risk assessment.

Leonard Lowther� 10/11/13 20:33Comment [20]: T14 PROPOSALS FOR NEW DEVELOPMENT, SHOULD:-‐ (ii) NOT CAUSE TRAFFIC CONGESTION OR HIGHWAYS SAFETY PROBLEMS ON EXISTING ROADS. WHERE THIS CRITERION CANNOT BE MET MODIFICATIONS TO THE HIGHWAYS CONCERNED MUST BE PROPOSED TO THE SATISFACTION OF THE RELEVANT HIGHWAY AUTHORITY AND THE COST OF THESE MUST BE MET BY THE DEVELOPER; (iii) MAKE APPROPRIATE SAFE PROVISION FOR ACCESS AND EGRESS BY VEHICLES (INCLUDING BUSES), PEDESTRIANS, CYCLISTS AND OTHER ... [2]

Leonard Lowther� 10/11/13 21:15Comment [21]: Unbelievable statement given the real situation and all the documented problems highlighting traffic problems on Marine Walk.

Leonard Lowther� 10/11/13 21:15Comment [22]: As Above

Q. It is not clear how disabled access will be met as the plans show stairs leading to the living accommodation above.

A. The proposal has been subject of detailed discussions with Building Control Officers and the provisions for disabled access as required by The Building Regulations 2010, Approved Document M (incorporating the recent 2013 amendments) is relevant to the scheme.

In respect of access to the first floor accommodation , there is no legal requirement to provide a lift I lifting platform to residential units at this level (App Doc M, Section 6.1 -6.3).There is a specific legal requirement , to provide level access to ground floor residential properties only.

Nonetheless,the development must incorporate an ambulant disabled staircase giving access to the first floor units, which must be fully in accordance with App Doc M, Section 7. This requirement for the ambulant disabled staircase has been incorporated within the proposed scheme.

In general, there are provisions to incorporate a lift I lifting platform to non- residential properties. However, in this instance it is not required. LABC Services have national agreements , that non- residential units under 100m sq & incorporate no unique facilities, do not require the provision of a lift I lifting platform. Such small commercial units, as in this instance cannot justify the cost I maintenance costs for such a small facility.

In light of the above, as the proposed scheme fully complies with the requirements of App Doc M, there are no access related issues that would prevent Building Regulation approval being granted. As the scheme raises no concerns from a Building Regulation perspective, there is no material planning justification to refuse the application based on the provision of disabled access.

Q. Whilst investment in the Sea front is welcomed there is concern over the scale of the development which could lead to an oversubscription of commercial units.

A. The addition of mixed commercial uses are laid out within the Seafront Regeneration Strategy and Marine Walk Master Plan as a means of regenerating the area through improving the vitality and increasing the number of visitors to the seafront. There is currently a limited range of such facilities within Marine Walk and it is considered that the addition of this mixed use development would serve to increase footfall within Marine Walk .

Q. The blanket (flexible) nature of the use may lead to uses such as off-licences/m ini marts occupying a unit in order to make the scheme economically viable resulting in the potential for anti social behaviour. A. Whilst the expectation is that the units will be occupied by operations which are traditional to seafront localities, it is acknowledged that the purpose of the scheme is to be able to provide a level of flexibility within the development. It is understood that market forces may inevitably dictate the types of operations that are conducted from within the units and whilst the proposed uses are considered to be in accordance with the Marine Walk Master Plan, the LPA would not wish to see a single hot food use dominate the entire ground floor . In this respect it is proposed to restrict the amount of floor space occupied by this use. In terms of anti social behaviour the LPA cannot be responsible for the individual actions of others and the fear of what individuals may or may not do as this would be a matter for the police.

Leonard Lowther� 10/11/13 21:15Comment [23]: There is a specific legal requirement to provide level access to new build shop fronts which this proposed development does not provide.

Leonard Lowther� 10/11/13 21:15Comment [24]: Incorrect, please read report. Access & Inclusion by Design Ltd.

Leonard Lowther� 10/11/13 21:15Comment [25]: This is Maladministration, look at Page 14. (5) Notwithstanding the submitted plans, no more than 240 square metres of the available 450 square metres of internal floor space at first floor level shall be used for the purposes of use class B1… I believe this to be Maladministration and does not meet the requirements of the Equality Act 2010.

Leonard Lowther� 10/11/13 21:15Comment [26]: In light of above may have fooled you but, as above Page 14. (5) Clearly opposes this statement. A report by an expert (Access & Inclusion by Design Ltd) found this statement to be false. (Conclusion) It is our view that the approved development is not inclusive and • that the lack of access will significantly disadvantage many disabled people • make it very difficult for service providers and employers to meet their obligations under the Single Equalities Act and defend any claims made against them. • does not provide equality of access to employment and services. • restricts employment opportunities for people with ambulatory disabilities. • does not meet the council policies regarding access for disabled people and the Design and Access statement does not describe how the proposal meets the councils policies or any justification for not doing so . • is not compliant with the Building Regulations Approved Document M and associated guidance documents.

Conclusion

In conclusion it is considered that the proposed development will introduce onto a largely derelict site much needed commercial activity and a built form that will enhance the essential character and appearance of this part of Marine Walk and Roker Park Conservation Area. For the reasoning provided above, the development is considered to accord with UDP policies EN10, NA6, NA26, NA30, B2, B3, B 4, B 6, B10, L7, T14 and the supplementary policies contained within the Seafront Regeneration Strategy, the Marine Walk Master Plan and Management Objective 6 and Proposal 5a of the Roker Park CAMS. The application is therefore considered to be acceptable subject to the imposition of the following conditions. Nature of Decision Made Approved

Conditions/Reasons for Refusal Conditions :

1 The development to which this permission relates must be begun not later than three years beginning with the date on which permission is granted, as required by section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 to ensure that the development is carried out within a reasonable period of time

2 Unless otherwise first agreed in writing with the Local Planning Authority , the development

hereby granted permission shall be carried out in full accordance with the following approved plans:

The existing site plan received 01.02.2013 (Drawing No. AL(90) 0100) The proposed site plan as amended received 05.04.2013 (Drawing No. AL(90) 0200 REVA) The proposed elevations as amended received 05.04.2013 (Drawing No. AL(O) 0010 REVA) The proposed elevations as amended received 05.04.2013 (Drawing No. AL(O) 0011 REVA) The proposed raised decking/seating elevations received 01.03.2013 (Drawing No. AL(O) 0020) The proposed floor plan level 00 received 01.02.2013 (Drawing No. AL(O) 0100) The proposed floor plan level 01 as amended received 05.04.2013 (Drawing No. AL (0) 0200 REVA) The location plan received 01.02.2013 (Drawing No. AL(90) 1000.

In order to ensure that the completed development accords with the scheme approved and to comply with policy B2 of the adopted Unitary Development Plan.

3 Notwithstanding any indication of materials which may have been given in the application, no

development shall take place until a schedule and samples of the materials and finishes to be used for the external surfaces, including walls, roofs, doors and windows has been submitted to and approved in writing by the Local Planning Authority .Thereafter, the development shall not be carried out other than in accordance with the approved details unless otherwise first agreed in writing by the Local Planning Authority ; in the interests of visual amenity and to comply with policy B2 of the Unitary Development Plan.

4 Notwithstanding the submitted plans, no more than 140 square metres of the internal floor

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space at ground floor level shall be used for the purposes of use class A5 as defined by the Town and Country Planning (Use Classes) Order or the equivalent of any of these classes set out in any subsequent Statutory Instrument revoking or amending that order either in whole or in part.

Reason: In order to achieve a satisfactory form of development and to accord with policy B2 of the Unitary Development Plan and the provisions of the adopted Marine Walk Master Plan.

5 Notwithstanding the submitted plans, no more than 240 square metres of the available 450

square metres of internal floor space at first floor level shall be used for the purposes of use class B1 as defined by the Town and Country Planning (Use Classes) Order or the equivalent of any of these classes set out in any subsequent Statutory Instrument revoking or amending that order either in whole or in part.

Reason: In order to achieve a satisfactory form of development and to accord with policy B2 of the Unitary Development Plan and the provisions of the Marine Walk Master Plan.

6 Adequate facilities shall be provided for the treatment and extraction of odours, fumes and

gases created by cooking in association with any A1, A3, A4 or A5 use implemented, such that there is no adverse impact on the amenities of the first floor residents by reason of fumes , odour or noise. Details of the extraction plant or machinery and any filtration system required shall be submitted to the local planning authority for approval in writing prior to installation; once approved it shall be installed and fully operational before the proposed use first opens and shall be appropriately maintained thereafter.

Reason: In the interests of protecting the amenity of the first floor occupants and to comply with Unitary Development Plan policies B2 and S12

7 In the event that any of the ground floor commercial units are proposed to operate within

either Use Class A3 (Restaurants and Cafes), A4 (Drinking Establishments) or A5 (Hot Food Takeaways) as defined by the Town and Country Planning (Use Classes) Order or the equivalent of any of these classes set out in any subsequent Statutory Instrument revoking or amending that order either in whole or in part, the relevant unit(s) shall not be open to the public except between the following hours: 08:00 and 23:00 Mondays to Sundays.

Reason: In the interests of protecting the amenity of future occupants and to comply with Unitary Development Plan policies B2 and S12

8 No amplified music shall be played in any of the ground floor premises until the applicant has

appointed a suitably qualified and experienced noise control consultant to undertake a noise assessment.

The assessment shall be undertaken to ensure that at the nearest facade of the nearest noise sensitive property, the noise generated from the property to be licensed (the LAeqS min) should not exceed 10 dB below the minimum external background noise during the operating period.The background noise level should be expressed in terms of the lowest LA90, 15 min and where noise from the property to be licensed will contain tones or will be intermittent sufficient to attract attention:

At the nearest facade of the nearest noise sensitive property, the noise generated within each octave band level (LAeq 5 min) should not exceed 5 dB below the minimum external background noise level expressed in any of the individual octave band levels. The background noise level should be expressed as the lowest LA90, 15 min for each of the octave bands during the operating period.

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Leonard Lowther� 10/11/13 21:16Comment [27]: Having attempted on page 12 to justify why this proposed development does not require a lift to the first floor offices by stating that non-‐ residential units under 100m sq & incorporate no unique facilities, do not require the provision of a lift I lifting platform. The report now consents to 240sq. meters of first floor for the purposes of use class B1 office use I believe this to be maladministration. Is not compliant with the Building Regulations Approved Document M and associated guidance documents and does not meet the requirements of the Equality Act 2010. Sunderland City Council LPA did not follow guidance provide by: Public Service Equality Duty

On completion of the assessment outlined above, a report shall be submitted to and be approved in writing by the Local Planning Authority detailing the measures that are to be adopted to ensure that noise as a result of the public entertainment does not cause a nuisance to residents on the first floor or other noise sensitive premises. Thereafter , the use shall not be carried out other than in accordance with the approved details unless first agreed in writing with the Local Planning Authority .

Reason: In the interests of limiting noise pollution and to comply with policy EN5 of the Unitary Development Plan.

9 Prior to the occupation of the development hereby approved a detailed hard and soft

landscaping scheme illustrating the number, species, height and position of any trees and shrubs to be planted shall be submitted to and approved in writing by the Local Planning Authority. Thereafter , the approved scheme shall be implemented within a period of six months of the completion of development.

Any trees or plants which within a period of five 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 a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority .

Reason: In the interests of visual amenity and to comply with Unitary Development Plan policy B2.

10Unless otherwise agreed by the Local Planning Authority , development other than that

required to be carried out as part of an approved scheme of remediation must not commence until conditions number 11 to number 12 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition number 14 has been complied with in relation to that contamination. To ensure that risks from land contamination to future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems , and to ensure that the development can be carried out safely without unacceptable risks to workers , neighbours and other offsite receptors in accordance with policy EN14 of the Unitary Development Plan.

11Site Characterisation

Unless otherwise agreed in writing by the Local Planning Authority development must not commence until a desk top study, site investigation and risk assessment , in addition to any assessment provided with the planning application, has been completed in accordance with a scheme to assess the nature and extent of any contamination on the site (site characterisation), whether or not it originates on the site.The contents of the scheme are subject to the approval in writing of the Local Planning Authority . The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority . The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination ; (ii) an assessment of the potential risks to: human health property (existing or proposed) including building, crops, livestock, pets, woodland and service line pipes,

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adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments. (iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR11.' To ensure that risks from land contamination to future users of the land and neighbouring land are minimised, together with those to controlled waters , property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy EN14 of the Unitary Development Plan.

12Unless otherwise agreed by the Local Planning Authority , development must not commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority . The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. To ensure that the risks from land contaminated to the future users of the land and neighbouring land are minimised , together with those to controlled waters , property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers , neighbours and other offsite receptors in accordance with policy EN14 of the Unitary Development Plan.

13The remediation scheme approved under Condition number 12 (Submission of Remediation Scheme) must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority . The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme , a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimise, together with those to controlled waters , property and ecological systems, and to ensure that the development can be carried out safely without unacceptab le risks to workers , neighbours and other offsite receptors in accordance with policy EN14 of the Unitary Development Plan.

141n the event that contamination is found at any time when carrying out the approved

development that was not previously identified it must be reported in writing immediately to the Local Planning Authority . An investigation and risk assessment must be undertaken in accordance with the requirements of condition number 11 (Site Characterisation) , and when remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition number 12 (Submission of Remediation Scheme), which is subject to the approval in writing of the Local Planning Author ity.

Following completion of measures identified in the approved remediation scheme a

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verification report must be prepared which is subject to the approval in writing of the Local Planning Authority in accordance with condition number 13 (Implementation of Approved Remediation Scheme).

If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until this condition has been complied with in relation to that contamination.

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems , and to ensure that the development can be carried out safely without unacceptable risks and in accordance with policy EN14 of the Unitary Development Plan.

lnformatives NOTE 1: The condition requiring the development to be carried out in accordance with the approved plans has been imposed so that minor material amendments and non -material amendments can be made to the scheme, after the issue of this permission, by application under s73 or s96A of the Town and Country Planning Act 1990 (as amended) respectively . Where proposed amendments to the approved development are substantial and fundamentally change the scheme a new full application will need to be submitted to the Local Planning Authority .

NOTE 2: The Unitary Development Plan policies taken into account in considering this application were EN10, B2, B3, B4, B6, B10, L7, NA26, NA30, EC8 and T14. In addition, the following adopted Supplementary Planning Documents were also considered ; The Seafront Regeneration Strategy and the Marine Walk Master Plan. The Council has granted planning permission for the following reasons: The proposed development, by virtue of its design and siting are considered to have an acceptable impact upon the visual and residential amenities of the area and the uses proposed to be incorporated into the proposed building are considered to be acceptable subject to the imposition of conditions (in accordance with UDP policies EN10, B2, B3, B4, B6, B10, L7, NA26, NA30, EC8). The proposed development does not impact adversely upon highway safety (in accordance with UDP policy T14)

NOTE 3: COMPLIANCE WITH CONDITIONS PRECEDENT This planning permission is subject to conditions which, in order to discharge them, require the submission of additional details and written approval of those details before the commencement of the development. This type of condition is called a condition precedent and failure to discharge such a condition prior to commencement of the development on site will make the development unlawful and liable to enforcement action.

NOTE 4: As of the 6th April 2008 the Local Planning Authority can only provide you with a formal written response to your request to discharge your condition(s) once a fee of £97.00 (commercial applications) or £28.00 (householder applications) (current rate subject to increase) per request has been paid to the Council as Local Planning Authority , together with any supporting information.

A single request may cover the discharge of one or more conditions but each subsequent request attracts its own fee . Subject to the required details or actions being satisfactory , a written confirmation of the discharge of conditions(s) will be issued.

The Council endeavours to discharge simple conditions within 21 days of the receipt of the request and complex ones within 8 weeks.

NOTE 5: DEVELOPMENT LOW RISK AREA STANDING ADVICE

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762 6848.

Further information is also available on The CoalAuthority website at www .coal.decc.gov.uk

Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority 's Property Search Service on 0845 762 6848 or at www.groundstability .com

NOTE 6: It should be noted that the above site will require a postal address and the applicant should contact the Council's Building Control Section which liaises with developers , the postal authority and fire service in respect of the naming and numbering of development s within the City of Sunderland . Please contact: Building Control Service , P.O. Box 102, Civic Centre, Sunderland, SR2 7DN, tel no. (0191) 561 1550 for further information.

NOTE 7: Consideration should be given to the selection of machinery and methods of operation in relation to noise generat ion. In instances where noise cannot be controlled at source by the appropriate selection of plant, equipment and work methods British Standard 5228-1 and British Standard 5228-2, which address noise on construction (including demolition) sites, should be followed .

Regard should be had to the following to minimise noise emissions : -the condition of the machinery to be used, e.g. efficient engines, silencers and covers and compliance with manufacturer's maintenance requirements -siting of the machinery e.g. the use of available shielding such as walls or buildings, the judicial placing of materials stores and distance from noise sensitive premises -substitution of machinery, e.g. the use of valve compressors in place of reciprocating compressors , electric power instead of internal combustion power -substitution of methodology , e.g. pressured bursting instead of percussion methods and the use of an enclosed chute to lower materials instead of dropping or throwing . Vibration from demolition and construction operations should not be experienced at nearby residential properties and the provisions of British Standard 6472:1992, Evaluation of Human Exposure to Vibration in Buildings, must be taken into account. Additionally the Council may require that vibration levels be monitored in sensitive locations should neighbouring premises be affected. Provision should be made for the reasonable prevention of dust generation, and where this is not possible adequate dust suppression management should be applied. As such a suitable and constant supply of water (mains supply or water bowsers in sufficient numbers) adequate for dust suppression purposes should be provided to the site. Dust suppression by water should use a dispersal point close to the position of dust generation in order to be more effective in both dust suppression and minimising the volume of water used, and thus run-off. Where dust is likely to occur, e.g. during deliberate collapse , means of removing the dust that

arises should be planned and provided, such as water hoses, road sweepers and window cleaners, as appropriate . In any case, buildings and other structures undergoing demolition shall be so far as is practicable dampened down prior to and during the demolition. Stockpiles of waste materials arising from the or in connection with the demolition process shall be dampened down to reduce fugitive dust emissions from the site. The emission of dark smoke from the burning of combustible material on site shall be prohibited . All other burning shall be prohibited unless it is inappropriate to dispose of the material in any other manner. In this instance provision should be made for the control of smoke through the effective control of burning materials on site.

Detailed consideration must be given to British Standard 6187:2000 , Code of Practice for Demolition and British Standard 5228-1 and 5228-2.

NOTE 8: A footpath crossing and the removal of the adjacent traffic calming pinch point will be required. The applicant should contact the Councils Planning Implementation Section tel: 0191 5611714 (Dan Hattie I Ben Winter) regarding co-ordination of these works.

Equality statement

It should be noted that the personal circumstances (i.e gender, age, race, religion, sexuality and disability) of the applicant are not material considerations in the determination of an application for planning permission and consequently have played no part in formulating the following recommendation/decision .

END OF DOCUMENT