Agenda item

Planning Application (11/01844/FL) - The Sands, Burniston Road, Scarborough

To consider:

i)          a planning application for erection of holiday lodges, holiday homes, family restaurant, a water park, parking amenity areas and landscaping for Benchmark Leisure Ltd; and

ii)         a report by the Head of Regeneration and Planning (Reference 12/394) attached.

View Plans and Documents

Minutes:

The Committee considered:

i)          a planning application for erection of holiday lodges, holiday homes, family restaurant, a water park, parking amenity areas and landscaping for Benchmark Leisure Ltd; and

ii)         a report by the Head of Regeneration and Planning (Reference 12/394).

Additional comments were reported from Environmental Services confirming that they had no objections on air quality and requesting an additional condition regarding acoustic mitigation treatment in respect of the holiday homes.  The Head of Tourism and Culture welcomed the development which would make a significant positive contribution with the water park providing a landmark attraction.  This development would regenerate the North Bay, increase the tourism spend and draw visitors on to other attractions in the area.  The Highways Authority (NYCC) had no objections subject to appropriate conditions and the completion of a Section 106 Agreement. They welcomed the introduction of traffic signals with controlled pedestrian facilities; the proposed cycle infrastructure contribution and Park and Ride bus provision from the A64 to the Water Park which would run every 20 minutes, seven days a week during the summer.  The latter two should form part of the Section 106 Agreement.  Additional conditions to be included related to full details of the design for the new Burniston Road/Bay View junction to be agreed prior to the opening of the Water Park; details of road/footway construction; closure of existing accesses; approval of works in the highway and satisfactory completion; implementation of a parking plan including disabled and cycle parking; management arrangements for Water Park parking; management arrangements for the holiday accommodation; acoustic mitigation for the holiday accommodation; signage and/or traffic calming measures to protect stability during and after construction of access drive to Bay View; and landscaping details for the area around the Bay View junction.  Members were asked to delegate authority to officers to agree the detailed wording of the additional conditions.

In accordance with the Council’s Public Speaking Scheme, Chris Calvert, the Applicant’s Agent, spoke in support of the application before the Committee commenced its debate of this item.

Members welcomed this long awaited application and asked about the promised provision of an eight lane competition pool.  The Chair advised that they could only deal with the application received and various options were being considered in relation to the pool.  The Planning Manager confirmed that this matter was being considered in the Leisure Strategy.  A Member asked for clarification regarding the new vehicular access to the Bay View area and had concerns about possible pedestrian/traffic conflict at the entrance due to the proximity to the Open Air Theatre.  He asked where the new footway were to be located and voiced concerns about the existing access to the site.  He also mentioned the height of the tower and felt this would be highly visible from Bay View, The Sands and Burniston Road.  He asked where the family restaurant was to be sited,  its distance from Burniston Road and the impact of the scheme on existing footpaths.  The Planning Officer advised that the restaurant would be 15 metres from Burniston Road and a low building was proposed.  Whilst some trees would be lost but there would be substantial landscaping.  The public access to the beach running parallel to the northern boundary would be retained.  The new access point would be opposite Northstead Manor Drive creating a cross roads and the new footpath would zig-zag up through the trees from this area to Bay View.  The tower height was required in order to accommodate the type and quality of flume rides proposed and the impact had been assessed very carefully.  Officers felt that the tower was in the best possible location away from residential properties and partly obscured by trees.  Whilst it would be visible, the design and height were acceptable and the height was comparable to a four storey building which could be accommodated without significant harm.  The Chair asked where the windows would be in the tower and was informed that these would face Burniston Road but, due to the distances involved, overlooking would not be an issue.  A Member asked whether the Water Park would be built first and this was confirmed.  He also referred to paragraph 3.3 and asked whether Yorkshire Water (YW) had responded and was informed that they had not.  Officers were puzzled by the comment as no building was proposed close to any YW infrastructure.  Both the Applicant and Officers had contacted YW and he was satisfied that this was not a problem.

A Member welcomed the application and advised that he would be looking for the provision of the pool in future.  He noted the comments from the Civic Society regarding the design but felt the scheme was acceptable.  He expressed concerns that if design improvements were requested, the cost could be prohibitive.  He would have preferred separate applications but the Chair advised that a combined application had been requested to provide an overview of the whole development and how they inter-relate.  Another Member felt this was one of the most exciting applications received for some time in terms of the future and tourist trade and agreed that an indoor leisure facility had been needed for some time.  A Member commented on the condition of the access road to the former Mr Marvel site and was assured that an additional condition was to be imposed regarding this issue. 

Another Member had concerns about the traffic which would be generated and felt proper traffic management was essential.  She asked about the ratio of parking spaces to the Forest Holiday Lodges; referred to Parking Services comments about the surface treatment on the overflow parking on Weydale Avenue; asked about coach parking provision at the Water Park; and enquired whether the Park and Ride would provide pick up from the railway station.  The Planning Officer advised that these matters would be dealt with by condition and the Travel Plan would cover a range of issues including cycling, pedestrian and public transport.    A stand-alone Park and Ride scheme was proposed to the site and a stop at the railway station had not been included but he could suggest this to the Applicant.  The Planning Manager commented that this would depend on the bus operator and would need to be viable so no guarantee could be provided.

One Member felt that there was no linkage between the three areas; that the design could be improved by using the topography of the site; and the area deserved a better design.  She also commented on the loss of the play facility and had concerns about YW’s comments (paragraph 3.3) and the Officer response (paragraph 6.63).  The Planning Officer responded advising that an illustrative master plan had included bridges linking some areas but these were not part of the current application and would be an expensive piece of infrastructure; however, conditions had been included to encourage footpath links between the sites.  Design was subjective and he was satisfied that the design was of a suitable quality.  The Section 106 Agreement would include provision for either a replacement playground on site or in the vicinity or payment to provide this off site.  The public consultation had identified Peasholm Park as the preferred location and Members were advised that a replacement play facility of a suitable quality would be provided via the Section 106 Agreement.  On the YW issue he advised that YW had pipes in the vicinity of the site but the overlay showed no building was proposed near their infrastructure.  An Informative could be included to address her concerns but officers had made exhaustive efforts to resolve this issue.

One Member commented on the lack of entertainment facilities on the sites but was reminded that the site was in close proximity to the North Bay Railway, boating lake, water chute, restaurant and a public house and the intention was that these existing facilities would be used.  Other play facilities may be added as the development progressed but Members could only consider the application before them.

A Member asked whether comments had been received regarding trees and ecology and was informed that comments were awaited on ecology but Natural England had been satisfied.  An overall assessment of the trees had been done and there would be some local loss of trees but more would be planted and details would be included in the landscaping strategy.  The Member asked for an assurance that disabled parking would be conditioned for use by Blue Badge Holders only and that a condition be imposed requiring the retention of the freehold.  The Chair replied that the decision on the freehold was a matter for full Council and the Planning Manager advised that parking matters, including disabled parking, would be dealt with in the management plan for parking.

A Member supported the development, having visited the former Mr Marvel site, and felt the Forest Lodges would be well screened.   The Chair mentioned the green space near the family restaurant and suggested a small play area could be included alongside.  She asked whether any progress had been made on the Park and Ride provision for the north side and referred to the need to manage movement of people in and out of the Open Air Theatre.  The Planning Officer advised that a play area near the restaurant did not form part of the proposal but this could be suggested to the Applicant.  He thought this development may assist progress on the north side Park and Ride and the situation would be reviewed including the monitoring of facilities.

RESOLVED that permission be GRANTED, subject to the comments of the Highway Authority, a Section 106 agreement (as previously specified) and  the following conditions:-

1.         The development hereby permitted is to be carried out in accordance with the submitted plans:

            Drwg Nos:

General:

Sands102   Location Plan;

Sands 103 Rev C - Application Plan;

Sands104 – Topographical Survey;

4450-21 A – Water Park and Forest Lodge Access Arrangements

4450-22 C – Bay View Access Arrangements*

Bay View Holiday Homes:

            BV201 Rev D - Bay View Site Plan;*

BV202 Rev A – Bay View Block A Floor Plans;

BV203 – Block A Elevations;

BV204 Rev A – Site Sections;

BV206 – 1/200th Elevations (sheet 1);

BV207 - 1/200th Elevations (sheet 2);

BV208 – Block D Plans & Elevations;

BV209 – Block C Floor Plans;

BV210 – Home Types;

BV211 – Refuse store/cycle store;

BV212 – Perimeter Fencing Details;

BV213 – Circular Shelter Details;

Family Restaurant:

FR301 – Family Restaurant Plans & Elevations;

Forest Lodges:

FL401 Rev B – Forest Lodges Site Plan;

FL402 – Lodges Plans & Elevations;

FL403 – Kiosk Plans & Elevations;

Water Park:

WP501 Rev D – Waterpark Site Plan;

WP502 Rev C – Floor Plans

WP503 Rev B – Elevations;

WP504 Rev A – Site Sections;

WP505 Rev A – Basement & Flume Tower Floor Plans;

P11-215-1-B – Slide Concept General Arrangement.

unless otherwise agreed in writing by the Local Planning Authority.

            Reason: For the avoidance of doubt.

            *NB. these drawings may be amended before the committee meeting

2          Before the development commences a programme for the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority. The Water Park shall be provided towards the start of the development and before the occupation of the first unit of holiday accommodation. The development shall be carried out in accordance with the approved programme unless the Local Planning Authority gives its prior written consent to any variation.

Reason: To ensure that the development is delivered as a whole and that the leisure element of the scheme is provided to support the role of the North Bay as a tourist destination and that the holiday residential accommodation is not provided in isolation. Having regard to the submitted Great Crested Newt Mitigation Strategy.

3          The flat above the family restaurant shall be occupied by a member(s) of staff of the restaurant only and by no other person.

Reason:To prevent the accommodation being used as a separate marketdwelling having regard to the particular circumstances relating to the proposed development.

4          The development hereby permitted shall be used for holiday accommodation only and none of the dwellings shall become any person's sole or main residence.

Reason: The use of this site for permanent residential accommodation would potentially conflict with planning principles relating to the protection of residential amenity and highway safety in the case of Bay View. Furthermore, such use would generate the need for additional contributions towards social infrastructure which do not form part of this planning permission.

Informative:- If any of the buildings to which this planning permission relates are occupied by any individual for more than 6 months in total in any 12 month period, the Local Planning Authority would regard it as amounting to that person's main residence and a clear breach of this planning permission.

5          Vehicle delivery to and from and servicing of the restaurant and Water Park shall not take place during the hours of 10.00pm and 7.00am.

Reason: In the interests of the residential amenity of the area in accordance with Policy H10 of the Scarborough Borough Local Plan.

6          During the construction period, no machinery shall be operated, no processes shall be carried out and no deliveries shall be taken at or dispatched from the site outside the hours of 7:00am and 7:00pm on Monday to Friday and outside the hours of 8:00am and 1:00pm on Saturdays nor at any time on Sundays, Bank or Public Holidays without the express written consent of the Local Planning Authority.

Reason: In the interests of the amenity of the neighbouring residents in accordance with Policy H10 of the Scarborough Borough Local Plan.

7          Prior to any works commencing on site, a method statement detailing the arrangements for the demolition and construction phases shall be submitted to and be approved in writing by the Local Planning Authority. The construction works shall be carried out in strict accordance with the written method statement, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the construction works are carried out in an appropriate manner to minimise the impact on residential amenity landscaped areas and habitat and in the interests of the convenience of highway users.

Note: The method statement shall, inter alia, detail the arrangements for deliveries of materials and the removal of spoil from the site, measures to minimise noise and dust nuisance to neighbours from plant and machinery and the siting of compounds, construction site buildings and material and plant storage areas.

8          Prior to the commencement of any development above foundation level a Landscape Strategy Document shall be submitted to and approved in writing by the Local Planning Authority. This document shall relate to the wider Sands site as identified in red on Plan A forming part of this consent and shall address the following matters:

·                    The broad location, density and mix of species forming a strategy for the landscaping and tree planting proposals for the site;

·                    Future management regimes for the landscaped areas* during and after construction;

·                    Integration with measures to maintain and enhance the biodiversity of the site, including those referred to in the application relating to protected species (most notably the Great Crested Newt);

·                    Indicative details of the design and the palette of materials for hard landscaping, including ground surface materials/treatment, boundary treatment and any mitigation measures relating to slope stability;

·                    Measures to improve pedestrian connectivity and visual linkages into and across the site;

·                    The proposed location and design of external lighting;

·                    Potential measures for enhanced children’s play provision on or in the vicinity of the site; and

·                    A phasing strategy for the implementation of the details as referred to above and relative to the construction of new buildings on the Sands site.

Where conditions elsewhere on the Decision Notice require specific details relating to matters referred to above (in respect of the area edged red on approved drawing 103/C) these shall be in full accordance with the Landscape Strategy Document as specified by this condition. Likewise, development shall be implemented fully in accordance with this document within the said application site area.

Measures/proposals approved as part of the Landscape Strategy Document outside the area edged red on drawing 103/C may be indicative, but will nonetheless act as a guide to future development proposals, with which the Local Planning Authority would expect general compliance.

* For the purposes of this condition ‘landscaped areas’ includes all the area covered by the Landscape Strategy Document, including existing wooded areas, but excludes existing and proposed permanent buildings or structures to be retained and the public highway.

Reason: To ensure an appropriate holistic approach on this strategically and visually important, but physically diverse site, which in functional terms integrates with land outside the submitted application site, and with respect to landscaping and other matters referred to in the condition.

9          Before any development is commenced in each phase of the development (as first agreed in the Landscape Strategy Document approved by virtue of condition 8), details of the proposed boundary treatments to that phase, including a schedule of materials, and details, sizes and species of any hedging or other landscaping shall be submitted to and approved in writing by the Local Planning Authority, and the details so approved shall be implemented in full before the phase is first brought into use, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that appropriately designed and detailed boundary treatments are provided, in the interests of the appearance of the development and the visual amenity of the area.

10        Before any development is commenced in each phase of the development (as first agreed in the Landscape Strategy Document approved by virtue of condition 8), the approval of the Local Planning Authority is required to a scheme of landscaping and tree planting for the site of that phase indicating, inter alia, the number, species, planting densities, heights on planting and positions of all the trees, together with details of post-planting maintenance. Such scheme as is approved by the Local Planning Authority shall be carried out in its entirety within a period of 12 months beginning with the date on which development is commenced, or within such longer period as may be agreed in writing with the Local Planning Authority. All trees, shrubs and bushes shall be maintained by the owner or owners of the land on which they are situated for the period of ten years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure that the site is adequately landscaped in the interests of the amenity of the area.

11        Where trees are to be retained as part of the Landscape Strategy for the site they shall be protected during construction work as follows :-

(a)       Chestnut pale or similar fencing 1.5 metres in height shall be provided around the trees to be retained before development is commenced at a minimum distance from the trunks equal to the spread of the crowns of the trees. No materials, equipment, site huts, fuels or other items shall be placed or stored within the areas enclosed by the fencing so erected and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

(b)       No burning of materials or other items shall take place within 3 metres of the crown spread of any of the trees to be retained.

(c)        No services shall be routed under the spread of the crowns of the trees to be retained without the prior written consent of the Local Planning Authority.

(d)       No retained tree shall be cut down, up-rooted, destroyed, topped or lopped without the prior written consent of the Local Planning Authority and if any tree which is to be retained dies within five years beginning with the date on which the development is commenced it shall be replaced with a tree of such size and species as may be specified in writing by the Local Planning Authority.

Reason: In the interests of amenity in accordance with Scarborough Borough Local Plan policy E39.

12        The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by Alan Wood & Partners reference 32230 and dated September 2011 and mitigation measures as detailed within the FRA.

Reason:To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants.

13        Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include:

·              Details of whether the surface water will discharge direct to sea or to the existing Combined Sewer Overflow.

·              Surface water runoff rates from the site are to be reduced by 30% in line with the submitted FRA.

·              Attenuation storage is to be provided that will contain the 1 in 30 year storm and not flood any dwelling or adjacent site during a 1 in 100 year storm.

·              All associated detailed calculations.

·              Details of how the scheme shall be maintained and managed after completion.

Reason:To prevent the increased risk of flooding, and ensure future maintenance of the surface water drainage system.

14        Before the commencement of the development hereby granted, details of the means of foul water disposal shall be submitted to and approved in writing by the Local Planning Authority.  The details so approved shall be implemented in full before that part of the development it serves hereby permitted is first brought into use.

Reason:In order to ensure that the development can be properly drained in accordance with Policy C7 of the adopted Scarborough Borough Local Plan.

15        Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 6m either side of the centre line of any sewer with a pipe diameter greater than 400mm or 3m either side of a pipe with a diameter less than 400mm, which crosses the site.

Reason: In order to allow sufficient access for maintenance and repair work at all times

16        A site investigation report/Detailed Quantitative Risk Assessment with particular emphasis on the Forest and Water Park sites shall be carried out to assess the nature and extent of any contamination, including gases and asbestos, in the ground, an assessment of the potential risks to sensitive receptors, an appraisal of remediation options and a proposal of the preferred option. The report shall be conducted in accordance with current guidance, e.g. DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination CLR11, and shall be approved by the Local Planning Authority before any development commences.

Reason:To safeguard the health and safety of contractors, final users of the development and the environment.

17        Remedial measures undertaken on the site shall be independently verified upon completion to ensure that all potential pollution linkages have been eliminated. An appropriate verification certificate shall be forwarded to and agreed by the local planning authority before this condition is discharged.

Reason: To safeguard the health and safety of contractors, final users of the development and the environment.

18        If any contamination not previously identified is encountered during the course of the development the local planning authority shall be notified immediately and action taken as appropriate to minimise risks to sensitive receptors.

Reason: To safeguard the health and safety of contractors, final users of the development and the environment.

19        Prior to the commencement of the development hereby permitted details of Crime Prevention Measures shall be submitted in writing to the Local Planning Authority for prior approval in consultation with North Yorkshire Police. The details shall include:-

            Lighting of the car parks and pedestrian routes;

Security of the service yard;

Details of the height, design and security measures of the new gates and fences;

General lighting; and

Intruder alarms in the holiday accommodation.

Reason: In order that the development accords with ‘Secured by Design’ principles and the guidance set out in Safer Places – the Planning System and Crime Prevention 2003.

20        Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority:

(i)         tactile paving

(ii)        vehicular, cycle, and pedestrian accesses

(iii)       vehicular and cycle parking

(iv)       vehicular turning arrangements

(v)        manoeuvring arrangements

(vi)       loading and unloading arrangements.

Reason: To ensure appropriate public highway and on-site facilities in the interests of highway safety and the general amenity of the development.

21        Notwithstanding the provision of any Town and Country Planning General Permitted or Special Development Order for the time being in force, the areas shown on the approved drawings for parking spaces, turning areas and access shall be kept available for their intended purposes at all times.

Reason: To ensure these areas are kept available for their intended use in the interests of highway safety and the general amenity of the development.

22        There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Local Highway Authority. These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Local Highway Authority agrees in writing to their withdrawal.

Reason: To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

23        Unless approved otherwise in writing by the Local Planning Authority there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of:

(i)         on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway

(ii)        on-site materials storage area capable of accommodating all materials required for the operation of the site.

The approved areas shall be kept available for their intended use at all times that construction works are in operation. No vehicles associated with on-site construction works shall be parked on the public highway or outside the application site.

Reason: To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

24        Before the commencement of the development hereby permitted in each of the 4 sub-areas identified in Chapter 3 of the Environmental Statement submitted with the application, details of access points and routes for construction traffic for that phase shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the amenity of local residents and the safety and convenience of users of the highway and the facilities on the site and adjoin sites.

25        Prior to the development being brought into use, a Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. This shall include:

(i)         the appointment of a travel co-ordinator;

(ii)        a partnership approach to influence travel behaviour;

(iii)       measures to encourage the use of alternative modes of transport other than the private car by persons to the site;

(iv)       provision of up-to-date details of public transport services;

(v)        continual appraisal of travel patterns and measures provided through the travel plan;

(vi)       improved safety for vulnerable road users;

(vii)      a reduction in all vehicle trips and mileage;

(viii)     a programme for the implementation of such measures; and

(ix)       procedures for monitoring the uptake of such modes of transport and for providing evidence of compliance.

The Travel Plan shall be implemented and the development shall thereafter be carried out and operated in accordance with the Travel Plan.

Reason: To ensure the continued safe operation of the Strategic Road Network through the promotion of sustainable transport choice within the area.

26        No development shall take place until a report identifying how the development will secure at least 10% of its energy from renewable sources, has been submitted to and approved by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, the development shall then be constructed in accordance with the approved report. Before the waterpark building or any holiday home is brought into use renewable energy equipment serving that building identified in the approved report shall have been installed and available for use.

Reason: In the interests of sustainability and to minimise the impact of the development upon climate change in accordance with Policy ENV5 of the Regional Spatial Strategy.

27        No part of the development to which this permission relates shall be brought into use until the carriageway and any footway/footpath from which it gains access shall be constructed to at least base course level and kerbed and connected to the existing highway network with street lighting installed and in operation.

The completion of all road works, including any phasing, shall be in accordance with a programme approved in writing with the Local Planning Authority in consultation with the Local Highway Authority before any part of the development is brought into use.

Reason: To ensure safe and appropriate access and egress to the premises, in the interests of public and private highway safety and the convenience of prospective users of the access roads and footpaths.

28        Before any development commences above foundation level a detailed scheme for the external lighting of the site during the construction and operational phases of the development, together with an assessment of its impact on neighbouring properties roads and habitats shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented in full before for each phase before the buildings on that phase are occupied. All lighting shall be arranged so as not to shine directly towards any properties or roads and shall be shielded to prevent light spillage beyond the part of the site the light is intended to illuminate.

Reason: In the interests of highway safety, residential and visual amenity.

29        No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. Where deemed appropriate, the developer shall:-

(a)       give not less than ten working days notice in writing of commencement of works to a professional archaeologist to be nominated by the developer and agreed with the Local Planning Authority and no works shall commence on site until the ten working day notice period has expired; and

(b)       afford safe access within the site to the nominated Archaeologist to observe any excavations and record finds and features of archaeological interest.

Reason: The site is of archaeological interest and to comply with Policy E28 of the adopted Scarborough Borough Local Plan.

30        Before the commencement of the development above foundation level, a schedule of external materials of construction of buildings and hard surfaced areas shall be submitted to and be approved in writing by the Local Planning Authority.  Samples shall be provided as may be required by the Local Planning Authority of the materials in the schedule and the use of such materials shall be approved in writing by the Local Planning Authority, and the development shall be carried out in these unless otherwise agreed in writing by the Local Planning Authority. Notwithstanding the details shown on the approved plans, the colour of the external faces of the buildings hereby approved shall only be agreed as part of the approval of this condition

Reason:In the interest of visual amenity to accord with Policy E12 of the adopted Scarborough Borough Local Plan.

31        No customer shall be permitted to be on the family restaurant premises after 2300 hours and before 0900 hours:

Reason: In the interests of residential amenity and to comply with policy H10 of the adopted Scarborough Borough Local Plan.

32        No customer shall be permitted to be on the waterpark premises after 2200 hours and before 0900 hours and the water rides shall close 15mins before the last customer leaves.

Reason: In the interests of residential amenity and to comply with policy H10 of the adopted Scarborough Borough Local Plan.

33        Before the commencement of the development hereby granted, full details of the position, materials of construction and design of the acoustic barriers on the waterpark development site and the northern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved barriers shall be erected prior to the Waterpark being opened to the public and thereafter so maintained.

Reason: To ensure that the residential amenity of the neighbours is protected in accordance with Policy H10 of the Scarborough Borough Local Plan.

34        Details of a sound attenuation scheme for the waterpark and family restaurant premises shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development above foundation level on these buildings. The scheme shall ensure that there will not be more than 1dBA above background noise level for the outdoor public leisure areas and not more than 36dBA during the day and 30dBA for any plant, as specified in the Environmental Statement submitted with the application. The scheme shall be carried out as approved before the buildings are brought into use and shall thereafter be retained.

Reason: In the interests of amenity and to comply with policy H10 of the Scarborough Borough Local Plan.

35        Details of any air conditioning plant and equipment to control the emission of fumes from the family restaurant and Water Park buildings, including the location and design of any external pipe or flue, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development above foundation level on these buildings.. The approved equipment shall be installed before the use commences and thereafter retained and operated in accordance with the manufacturer's specifications/instructions.

Reason: In the interests of visual and residential amenity and to comply with policy H10 of the Scarborough Borough Local Plan.

36        Prior to the commencement of the use of the family restaurant and the waterpark buildings, provision shall be made for the storage of refuse, the details of which shall be submitted to and approved in writing by the local planning authority beforehand. The approved storage facility shall be retained as approved. There shall be no storage of refuse, bottles, barrels or bins in the open.

Reason: In the interests of amenity and to comply with policy H10 of the Scarborough Borough Local Plan.

37        Prior to the commencement of any work on site, details of the type, method, location and extent of remediation measures to improve factors of safety for slope failure, maintain long term equilibrium and mitigate the risk of localised slope failures shall be submitted to and be approved in writing by the Local Planning Authority and the remediation shall be carried out in strict accordance with the details so approved.

Reason: The existing site investigations and slope stability analysis results highlight areas of the site which are likely to require remediation measures. This condition is to safeguard the Local Authority's rights of control over these details in the interests of public safety and to minimise impact on visual amenity.

38        Before development commences on site drawings showing proposed site levels and ground floor levels of buildings shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the agreed levels.

Reason: In the interests of the residential amenity and visual amenity of the area in accordance with Policy H10 of the Scarborough Borough Local Plan.

39        Notwithstanding the provisions of Parts 1 and 2 of Schedule 2 of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending or re-enacting that Order) there shall be no extensions or alterations to any unit of holiday accommodation within the site, provision of any curtilage structures or the erection of any means of enclosure without the prior written approval of Local Planning Authority.

Reason: It would be inappropriate for individual units of holiday accommodation to benefit from the permitted development rights afforded to permanent residential dwellings if the character of the development is to be protected.

40        Notwithstanding the provisions of Part 3 of Schedule 2 of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending or re-enacting that Order) the family restaurant building (excluding the associated residential flat) shall not be used for any other purpose other than as a restaurant without the prior written approval of the Local Planning Authority.

Reason: To ensure the local Planning Authority retains control over future uses as it would be inappropriate for the building to be used for an A1 or A2 use without assessment in accordance with the National Planning Policy Framework.

41        The development shall be carried out in accordance with a detailed Ecological Management Plan, the detail of which shall be submitted to and approved in writing before any development commences on site. The plan shall include proposals for the protection of wildlife and its habitat within the site appropriate mitigation measures, a programme for implementation, proposals for longer term arrangement and supervision by a qualified ecologist. This shall be in general accordance made as part of the planning application.

Reason: In the interests of nature conservation within the site and protected species in particular.

42        Before the commencement of the development hereby granted, a schedule of external materials of construction of buildings and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. Samples shall be provided as may be required by the Local Planning Authority of the materials in the schedule and the use of such samples shall be approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to secure a satisfactory standard of development.

43        The layout of the Waterpark and Overspill car parks as shown on drawings nos. WP501 Rev D and 103 Rev C is not approved and a revised layout for each of the car parks shall be submitted and approved in writing by the Local Planning Authority. The revised layout shall include suitably increased  planting of trees and shrubs. The approved car park layouts shall thereafter be implemented before the buildings the car parks serve are first brought into use.

            Reason: In the interests of visual amenity.

44        Unless otherwise approved in writing by the Local Planning Authority, the holiday accommodation shall comply with the Code for Sustainable Homes at minimum level of Code 3 as set out in the document Sustainable Building (Guidance for Developers) and the Water Park building shall be constructed to obtain a BREAAM rating of ‘very good’ or ‘excellent’ at the design stage and post construction.

Reason: To encourage energy efficiency, having regard to the principles set out in the NPPF and the document Sustainable Building (Guidance for Developers).

45        Before each phase of development commences detailed drawings at no less than 1:50 scale showing the detailed design and specification of the following features shall be submitted and approved in writing by the Local Planning Authority:

·        windows,

·        doors,

·        glazed walls/screens (submission of partial elevation would be acceptable),

·        canopies,

·        dormers,

·        balcony railings,

·        turrets and finials on the turret of the Bay View holiday homes,

·        barge boards and chimneys of the family restaurant building,

·        roof details on Water Park flume tower,

·        Water Park Rides/flumes and supporting apparatus.

The development shall be implemented in accordance with the approved details.

Reason:To ensure a high standard of design in accordance with Scarborough Borough Local Plan policy E12.

46        Before work on the Water Park building commences a fully detailed specification of the dimensions, external appearance, materials, colour of the water rides/flumes shall be submitted to and approved in writing by the Local Planning Authority. The rides shall then be installed to this specification and any proposed future changes to any of these details shall first be agreed in writing by the Local Planning Authority and implemented in accordance with the approved plans.

Reason:To ensure a high standard of design in accordance with Scarborough Borough Local Plan policy E12.

Informative:  For the avoidance of doubt, approval of replacement flumes under the remit of this condition is only likely to be acceptable where there is no significant deviation from the maximum height of the flumes or the projection from the flume tower in a southerly or westerly direction as shown on drawing 505B hereby approved.

47        Before the development commences drawings depicting the construction details of the full length of the access road serving the Bay View holiday homes from Burniston Road to the gated entrance to the homes shall be submitted to and approved in writing by the Local Planning Authority. These shall include details of levels and gradients, surface materials and traffic management measures. The approved details shall then be implemented in full before the first occupation of the holiday homes.

            Reason: In the interests of public safety.

48        Detailed arrangements for the operation of the security gates/barrier to the Bay View and Forest sites shall be submitted to and approved in writing before they are brought into use.

            Reason: In the interests of highway and public safety.

49        Before development commences on site a Management Plan for vehicular/pedestrian movements and parking when the Open Air Theatre is in operation, shall be submitted and approved by the Local Planning Authority. The Plan shall include provision for monitoring and subsequent review and the approved Plan shall be implemented.

            Reason: In the interests of highway and pedestrian safety

50        Full details of the pedestrian routes to the north and south west of the Bay View development as shown on drawing 103D shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any of the Bay View holiday apartments. The submitted details shall include drawings at a scale of 1:100 or 1:200 and shall show proposed surface materials, gradients, the location of any steps and the details of any railings and lighting. Where appropriate, reference shall also be made to details approved under conditions on this Notice relating to slope stability and tree protection. The footpaths shall be implemented in accordance with the approved details and be available for use before occupation of the 20 Bay View holiday apartments.

Reason:To maximise safe pedestrian access across the site, having regard to other material planning considerations.

51        Submission and approval of suitable cycle parking to be retained thereafter.

            Reason: In the interests of sustainable transport

52        The screen wall on the northern side of the roof terrace of the Water Park building shall be permanently retained.

            Reason: In the interests of residential amenity.

            INFORMATIVES

            The Environment Agency recommends that developers should:

1)         Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.

2)         Refer to our ‘Guiding Principles for Land Contamination’ for the type of information required in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, e.g. human health.

3)         Refer to our website at www.environment-agency.gov.uk for more information.

AND Officers were delegated authority to agree detailed wording of additional conditions, in consultation with the Chair and Vice Chair, relating to:

full details of the design for the new junction on Burniston Road to be agreed prior to the opening of the Water Park;

details of road/footway construction;

closure of the existing accesses;

approval of all works in the highway and satisfactory completion;

implementation of parking plan including disabled and cycle parking;

management arrangements for Water Park parking;

management arrangements for the holiday accommodation;

acoustic mitigation for the holiday accommodation;

signage and/or traffic calming measures to protect stability during and after construction on access drive to Bay View; and

landscaping details for area around Bay View junction.

 

Supporting documents: