Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning
authorities provide written reasons in the decision notice for imposing planning
conditions that require particular matters to be approved before development can start. Condition number 14 of this permission requires matters to be approved before development works begin; however, in this instance the condition is justified because:
i. In the interests of the expedient determination of the application it was considered
to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition number 14 are fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.
01
The development hereby approved must be begun not later than two years from the date of this reserved matters permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990 and to comply with the conditions of the outline application RB2018/1988
02
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 as shown on the approved plans (as set out below)
Site Location Plan 20124-C4P-AV-XX-DR-A-0100-P5
Site Plan as Proposed 20124-C4P-AV-ZZ-DR-A-0513-P7 submitted Oct 2021
Indicative Site Sections - 20124-C4P-AV-ZZ-DR-A-0700-P9 submitted November 2021
Site Fencing Plan as Proposed 20124-C4P-AV-ZZ-DR-A-0508-P5 submitted Oct 2021
Cycle Shelter and Bin Store Details 20124-C4P-AV-ZZ-DR-A-0512-P5 submitted Oct 2021
Proposed Finished Levels 136-XOS-XX-XX-DR-C-5550-T2 - submitted November 2021
Proposed Finished Levels 136-XOS-XX-XX-DR-C-5551-T2 Sheet 1 of 2 updated November 2021
Lighting scheme and EV Charge Plan 5537 KGA XX DR E 900-R2 submitted Oct 2021;
External Lighting Plots D42854/RD/F submitted Oct 2021
Unit 1
? Ground Floor GA Plan - 20124-C4P-V1-ZZ-DR-A-2001-P7 submitted Oct 2021
? Office Core Layout 20124-C4P-V1-ZZ-DR-A-2002-P5 submitted Oct 2021
? Proposed Elevations 20124-C4P-V1-ZZ-DR-A-2101 -P9 submitted Oct 2021
? Roof Plan as Proposed 20124-C4P-V1-ZZ-DR-A-3301 - P4 submitted Oct 2021
Unit 2
? Ground Floor GA Plan as proposed 0124-C4P-V2-ZZ-DR-A-2001-P4
? Office Core GA Layout 20124-C4P-V2-ZZ-DR-A-2002-P2
? Proposed Elevations 20124-C4P-V2-ZZ-DR-A-2101-P10 submitted Oct 2021
? Roof Plans as Proposed 20124-C4P-V2-ZZ-DR-A-3301-P2
Unit 3
? Ground Floor GA Plan as proposed 20124-C4P-V3-XX-DR-A-2001 -P3
? Office Core GA Layout 20124-C4P-V3-ZZ-DR-A-2002-P2
? Proposed Elevations 20124-C4P-V3-ZZ-DR-A-2101 -P7 submitted October 2021
? Roof Plan as Proposed -20124-C4P-V3-ZZ-DR-A-3301-P1
Unit 4
? Ground Floor GA Plan as Proposed 20124-C4P-V4-XX-DR-A-2001-P2
? Office Core GA Layout 20124-C4P-V4-ZZ-DR-A-2002-P1
? Proposed Elevations 20124-C4P-V4-ZZ-DR-A-2101-P6 submitted October 2021
? Roof Plan as Proposed 20124-C4P-V4-ZZ-DR-A-3301-P1
Unit 5
? Ground Floor GA Plan as Proposed 20124-C4P-V5-XX-DR-A-2001-P2
? Office Core GA Layout 20124-C4P-V5-ZZ-DR-A-2002-P1
? Proposed Elevations 20124-C4P-V5-ZZ-DR-A-2101-P7 submitted October 2021
? Roof Plan as Proposed 0124-C4P-V5-XX-DR-A-3301 -P1
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details shown on the approved proposed elevation plans for each unit listed in Condition 02. The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
04
Prior to the erection of any retaining walls details of their appearance and materials to be used shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented on site.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
05
Prior to the submission of the first application for Advertisement Consent a Signage Strategy for the whole site shall be submitted to and approved by the Local Planning Authority. All subsequent applications for Advertisement Consent shall be in accordance with the approved Signage Strategy.
Reason
To ensure that signs at the development are provided in a comprehensive high quality manner in the interests of visual amenity and in accordance with Local Plan policies.
HIGHWAYS
06
Before each unit is brought into use the car parking area shown on the approved plan for that unit shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
LANDSCAPE
07
Landscaping of the site as shown on the approved plans )drawing nos -
Unit 1 SF3173 LL01 Rev E Updated Oct 2021
Unit 2 SF 3173 LL02 Rev D Updated Oct 2021
Units 3-4 SF 3173 LL03 Rev C Updated Oct 2021
Unit 5 SF 3173 LL04 Rev D Updated Oct 2021
Landscape Masterplan SF 3173 LM01 Rev A Updated Oct 2021)
shall be carried out during the first available planting season after commencement of the development and maintained for the lifetime of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
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 and SP32 Green Infrastructure and Landscape.
08
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development.
Reason
To ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features of communal, public and biodiversity significance
09
Before the development is brought into use details of the position of the proposed knee rails in relation to the proposed hedgerow planning shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site for each unit prior to that unit being brought into use.
Reason
To ensure there is no conflict with the positioning of the knee rails and the hedgerows 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 and SP32 Green Infrastructure and Landscape.
ENVIRONMENTAL
10
Before the development is brought into use details of the locations of 12 Fulbourn Sparrow Terraces and 2 Bee Hotels shall be submitted and approved by the Local Planning Authority. The approved details shall be implemented at each unit prior to that unit being brought into use.
Reason
In the interest of promoting biodiversity and in accordance with Local Plan Polices.
11
The Electric vehicle Charging points shown on the approved site plan 20124-C4P-AV-ZZ-DR-A-0513 Rev P7 shall be provided for each unit prior to that unit being brought into use.
Reason
In the interest of sustainable development.
12
Prior to each unit being brought into use a post construction BREEAM Assessment shall be submitted to demonstrate that each unit has achieved BREEAM Very Good rating as identified in the submitted pre-assessment reports.
Reason
To achieve a sustainable form of development in accordance with the NPPF.
13
Once the operators of Unit 1 or 5 have been confirmed, and if it has been confirmed that the respective unit will operate with vehicles fitted with chiller units, an additional noise assessment shall be undertaken for that unit, to assess the impact on nearby noise sensitive receptors and shall be submitted to and approved in writing by the Local Planning Authority prior to occupation.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with relevant Local Plan policies and the NPPF
14
Prior to the development commencing a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
Noise & vibration arising from all construction related activities. This should also include suitable restrictions on the hours of working on the site including times of deliveries.
Dust arising from all construction related activities.
Artificial lighting used in connection with all construction related activities and security of the construction site.
The agreed plan shall be adhered to throughout the construction of the development
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with part 15 of the NPPF and Supplementary Planning Document No.2 Air Quality & Emissions.
DRAINAGE
15
The foul and surface water drainage shall be constructed in accordance with the following drawing:
Drainage General Arrangement (136-XOS-XX-XX-DR-C-5030 Rev T3)
During construction, if the approved scheme has not been implemented, temporary arrangements shall be put in place to limit surface water runoff to the agreed discharge rate.
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
Informatives
01
Wildlife Legislation
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out
within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
02
Cadent Gas
Cadent own and operation gas assets of Intermediate-Pressure to the North & South West of the application boundary which may require plant protection measures putting into place to protect their integrity before any works commence.
03
Fire and Rescue Services Act 2004
Further to your consultation in respect of the above, the proposal should comply with the Building Regulations 2010, Approved Document B5 Access and Facilities for the Fire Service. Your attention is drawn to Section 16: Fire Mains and Hydrants, please confirm compliance.
South Yorkshire Fire and Rescue is keen to promote the benefits of sprinkler systems to protect lives, property and the environment. As such it is recommended that this is allowed for when determining the water supply requirements for the site.
04
Broadband Provision
Please see the attached note regarding the provision of gigabit-capable full fibre broadband
05
The Coal Authority
Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission will result in trespass, with the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authoritys website at: https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
05
Landscaping
A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
06
Transportation
It should be noted that as vehicular access is to be derived from Britannia Way which is unadopted and therefore the proposed internal road layout shall be maintained by a management company.
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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