| 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 06 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 06 is 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.
GENERAL
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act
1990.
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 and as shown on the approved plans (as set out below)
Site Location Plan WMC-RCA-00-XX-DR-A-0100 Rev P2
Proposed Site plan OLIV-RCA-00-XX-DR-A-0101 Rev P8
Proposed Ground and First Floor Plan WMC-RCA-00-XX-DR-A-0102 Rev P3
Proposed Elevation WMC-RCA-00-ZZ-DR-A-0103 Rev P5
Finished Floor Levels OLIV-BED-ST-00-DR-C-1605 Rev P03
Reason
To define the permission and for the avoidance of doubt.
AMENITY
03
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The detail shall include laminated glazing to be installed to all ground floor curtain walling. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity safety and in accordance with Local Plan Policies
04
Prior to any decorative metal panels being erected on the building full details shall be submitted and approved by the Local Planning Authority. 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 Local Plan Policies
05
Prior to the commencement of above ground development, and notwithstanding the details already submitted, updated details of materials to be used in the bin and cycle storage area shall be submitted to and approved in writing by the Local Planning Authority. Materials should seek to echo those used in the building facades in order to provide a high-quality appearance. Development thereafter shall be in
accordance with the approved 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 Local Plan Policies.
06
Prior to any 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.
Measures to deal with mud on the road
Details of storage on site
and such further matters as the Local Planning Authority may consider necessary. The approved measures shall be implemented throughout the construction period.
Reason
On the interests of residential amenity of existing residents and in accordance with Local Plan policies.
TRANSPORT
07
Before the development is brought into use, that part of the site 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.
08
Before the development is brought into use the car parking area shown on the proposed site layout shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interest of Highway Safety
09
Construction of roads shall not begin until road sections, constructional and drainage details have been submitted to and approved by the Local Planning Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
10
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the programme of implementation.
Reason
In order to promote sustainable transport choices.
11
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: OLIV RCA 00 XX DR A 0101 Rev P8 and retained in perpetuity. The building shall not be brought into use until the charging points are provided.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
LANDSCAPING AND ECOLOGY
12
Prior to any above ground development taking place details of the soft landscaping to the Stephenson Way roadside site boundary shall be submitted to, and approved in writing by, the Local Planning Authority.
The landscape schemes shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
- The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
- The extent of any changes to existing ground levels, where these are proposed.
- Any constraints in the form of existing or proposed site services, or visibility requirements.
- Areas of structural and ornamental planting that are to be carried out.
- A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
- A written specification for ground preparation and soft landscape works.
- The programme for implementation.
- Written details of the responsibility for ongoing maintenance and a schedule of operations for the lifetime of the development.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in within a timescale agreed, in writing, by the Local Planning Authority.
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 Local Plan policies.
13
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 Local Plan policies.
14
Before any above ground development details of 2 integrated sparrow terraces on the northern or eastern elevations of the building shall be submitted to an approved by the Local planning Authority. The approved details shall be implemented before the development is brought into use.
Reason
In the interests of biodiversity and in accordance with Local Plan policies.
DRAINAGE
15
The foul and surface water drainage shall be constructed in accordance with the Flood Risk Assessment (OLIV-BED-ST-00-RP-C-0001, Rev: P04, dated: March 2021), Flood Risk Assessment Addendum Medical Centre (OLIV-BED-ST-00-RP-C-0004, Rev: P01, dated: June 2021) and Mixed-use Drainage Design Philosophy Statement (OLIV-BED-ST-00-RP-C-0003, Rev: P03, dated: August 2021)
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF
16
The development should not be brought into use until the enabling works, as outlined in the following drawings, is fully completed:
Enabling Works Drainage Layout OLIV BED ST 00 DR - C1301
Drainage Development Strategy OLIV BED ST 00 DR C 1303
Surface Water Drainage Overland Exceedance Flow Strategy OLIV-BED-ST-00-DR-C -1304
Surface Water Drainage Wider Site Overland Flow Routing OLIV-Bed-ST-00-DR-C-1305
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF
ENVIROMENTAL
17
Prior to above ground works commencing, a Detailed Design Report for Gas Mitigation Measures in accordance with section 6.4.4 (recommended ground gas protection measures), pages 27 and 28 of the report entitled Phase 2 Geo- Environmental Site Assessment Olive Lane, Waverley - prepared by RSK Environment Ltd, dated May 2021, reference 350396-R02 (00) shall be submitted to and approved by the Local Planning Authority. The approved details 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.
18
Installation of the gas protection measures are to be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification report shall be submitted to and approved by the Local Planning Authority. The approved details 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.
19
If during development works unexpected significant contamination is encountered, 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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
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.
20
Due to elevated sulphate concentrations being detected, buried concrete for the site shall be designed to a design sulphate classification of DS-2 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used will be evidenced within a Verification Report for the site, and the approved detail 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.
21
Prior to above ground works commencing, details of suitable water supply pipes shall be submitted and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from residual contaminants remaining within the made ground. The use of the approved water supply pipe will need evidencing within a Verification Report for the site, and the approved detail 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.
22
If subsoil/topsoil is required to be imported to site for remedial works or areas of soft
landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Planning Authority to ensure they are free from contamination.
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.
23
Following completion of any required remedial/ground preparation works, a Verification Report shall be submitted to the Local Planning Authority for approval. The Verification 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 verification 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 verification data has been approved by the Local Planning 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
01
Broadband Gigabit capability
Please see the Informative note
02
Environment Agency
We recommend that developers should:
Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination. Refer to the Environment Agency Guiding principles for land contamination for the type of information that we required in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health. Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed.
Refer to the contaminated land also Land contamination: risk management pages on GOV.UK for more information.
Waste on Site
The CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste.
Under the Code of Practice:
Excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they fit for purpose and unlikely to cause pollution Treated materials can be transferred between sites as part of a hub and cluster project. Some naturally occurring clean material can be transferred directly between sites.
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
The Environment Agency recommends that developers should refer to:
The position statement on the Definition of Waste: Development Industry Code of Practice and; The Environmental regulations page on GOV.UK.
Waste to Be Taken Off Site
Contaminated soil that is, or must be, disposed of is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes:
Duty of Care Regulations 1991
Hazardous Waste (England and Wales) Regulations 2005
Environmental Permitting (England and Wales) Regulations 2010
The Waste (England and Wales) Regulations 2011
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer. Refer to the Hazardous Waste pages on GOV.UK for more information.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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