| Conditions / Reason for Refusal: |
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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
• Red Line Boundary Plan A042756-51 TTE 00 ZZ DR C SK0621 Rev P03
• Proposed Finish Contour Design A042756-51 TTE 00 3Ba DR C 0110 Rev P02
• North Cross Sections Sheet 1 of 3 A042756-51 TTE 00 GL XS C SK0602 Rev P02
• North Cross Sections Sheet 2 0f 3 A042756-51 TTE 00 ZZ SE C SK0603 Rev P02
• North Cross Sections Sheet 3 of 3 A042756-51 TTE 00 ZE SE C SK0604 Rev P02
• Proposed Drainage Design A042756-51 TTE 00 3Ba DR C 0512 Rev P0
Reason
To define the permission and for the avoidance of doubt.
GROUND CONDITIONS/CONTAMINATED LAND
03
The site has been identified to be at risk from potential coal mining legacy issues due the presence of opencast backfill and the associated ground gas risks. The development operations and subsequent designs must address the issues raised in the recommendations of the submitted RSK Contamination and Risk Assessment reports and should be in compliance with Construction Industry Research and Information association publication C758D “Abandoned mine workings manual” where applicable. A report detailing the implementation of such recommended mitigation shall be submitted for approval in writing by the Local Planning Authority, the development thereafter shall be carried out in accordance with the approved details. In the case of further works being required, then the condition will not be discharged until details of such works have also been submitted. Responsibility for securing a safe development rests with the developer and/or landowner.
Reason
In accordance with the NPPF paragraph 178 a,b,c. 179 and 170 e & f, based around Land Stability
04
Cut and fill earthworks are required at the site so that a development platform can be achieved. These earth works shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented on site.
Reasons
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.
05
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.
Reasons
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.
06
Due to elevated sulphate concentrations being detected, any buried concrete to be used on 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.
Reasons
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.
07
If subsoil/topsoil is required to be imported to site for soft landscaping works, 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.
Reasons
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.
08
Following completion of any remedial/ground preparation works a Verification Report shall be submitted and approved by the Local Planning Authority. 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. The site shall not be brought into use until such time as all verification data has been approved by the Local Planning Authority.
Reasons
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.
ENVIRONMENTAL
09
Prior to any works 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 infrastructure works related activities. This should also include suitable restrictions on the hours of working on the site including times of deliveries.
• Dust arising from all earthwork activities.
• Artificial lighting used in connection with all infrastructure work related activities and security of the site.
• How all earthwork and excavation waste will be dealt with.
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 Local Plan policies.
10
The measures outlined in Paragraphs 6.6 to 6.13 of the Preliminary Ecological Appraisal, dated December 2021 shall be implemented in full throughout the construction phase.
Reason
To ensure the development is carried out in an appropriate manner and to protect local nature conservation in accordance with Policy CS20 ‘Biodiversity and Geodiversity’ and relevant guidance contained within the NPPF
Informatives
01 – Coal Authority
The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity at the surface or shallow depth. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of new development taking place.
It is recommended that information outlining how former mining activities may affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), is submitted alongside any subsequent application for Building Regulations approval (if relevant).
Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.
If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
02
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.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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