| Conditions / Reason for Refusal: |
01
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below)
• Proposed Site Plan SD04 1 Rev A received 28th June 2021
• House Type A – Dwg No. 2 dated Feb 19
• House Type B – Dwg No. 3 dated Feb 19
• House Type C – Dwg No. 4 dated Feb 19
• House Type D – Dwg No. 5 dated Feb 19
• Garages – Dwg No 6 dated Feb 19
• Site Sections – Dwg No. 8 dated Mar 19
Reason
To define the permission and for the avoidance of doubt.
02
The materials approved in discharge of condition application RB2020/1949 shall be used in the development hereby approved.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policies CS21 and SP55.
03
The boundary treatment approved in discharge of condition application RB2020/1949 shall be used in the development hereby approved and shall be provided on site before the first dwelling is occupied.
Reason
In the interests of the visual amenity of the area and in accordance with local plan policies
04
The road sections, constructional and drainage details approved in discharge of condition application RB2020/1949 shall be implemented before the development is complete.
Reason
To ensure a satisfactory standard of development in accordance Local Plan policies.
05
Before each plot is occupied that part of the plot to be used by vehicles shall be properly constructed with either a/ a permeable surface and associated water retention/collection drainage, or b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site. All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety
06
The approved details of how the use of sustainable/public transport will be encouraged approved in discharge of condition application RB2020/1949 shall be implemented in accordance with the agreed timetable.
Reason
In order to promote sustainable transport choices.
07
The Landscaping Scheme approved in discharge of condition application RB2020/1949 shall be implemented in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance with policies CS19 “Green Infrastructure”, CS21 ‘Landscapes’ and SP32 ‘Green Infrastructure and Landscape’
08
The details included within the Phase I Site Assessment Report approved in discharge of condition application RB2020/1949 shall be implemented on site.
Reason
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 to workers, neighbours and other offsite receptors.
09
The details included within the Phase II Intrusive Site Investigation Report approved in discharge of condition application RB2020/1949 shall be implemented on site.
Reason
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 to workers, neighbours and other offsite receptors.
10
The details included within the Remediation Method Statement and Environmental Report approved in discharge of condition application RB2020/1949 shall be implemented on site.
Reason
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 to workers, neighbours and other offsite receptors.
11
In the event that during development works unexpected significant contamination (including asbestos containing materials) is encountered at any stage of the process, the local planning authority shall be notified in writing immediately. Any requirements for remedial works shall be submitted to and approved in writing by the Local Authority. Works thereafter shall be carried out in accordance with an approved Method Statement. This is to ensure the development will be suitable for use and that identified contamination will not present significant risks to human health or the environment.
Reason
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 to workers, neighbours and other offsite receptors
12
If subsoil’s / topsoil’s are required to be imported to site for remedial works, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. The results of testing will need to be presented in the format of a Validation Report.
Reason
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 to workers, neighbours and other offsite receptors.
13
Following completion of any remedial/ground preparation works a Validation Report
should be forwarded to the Local Authority for review and comment. The validation
report shall include details of the remediation works and quality assurance
certificates to show that the works have been carried out in full accordance with the
approved methodology. Details of any post-remedial sampling and analysis to show
the site has reached the required clean-up criteria shall be included in the validation
report together with the necessary documentation detailing what waste materials
have been removed from the site. The site shall not be brought into use until such
time as all validation data has been approved by the Local Authority.
Reason
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 to workers, neighbours and other offsite receptors
Informatives
Please note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to the below recommendations and to the steps that may be required to prevent a noise nuisance from being created.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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