| 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. Conditions numbered 9 & 10 of this permission require matters to be approved before development works begin; however, in this instance the conditions are 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 numbers 9 & 10 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
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)
(Amended Site Plan P1 Rev D) (Received 08/09/2022)
(Amended GF Plans P2 Rev G) (Received 08/09/2022)
(Proposed Elevations P5 Rev A) (Received 25/07/2022)
(Proposed Elevations P4 Rev B) (Received 25/07/2022)
Reason
To define the permission and for the avoidance of doubt.
03
Notwithstanding the provisions of Schedule 2, Part 1, Class A, AA, B, C, D and E of the Town and Country Planning (General Permitted Development) Order 2015, as amended, no further extensions to the existing farmhouse or to the two additional dwellings to be formed and hereby approved, and no further outbuildings within their curtilages, shall be carried out without the prior permission of the local planning authority.
Reason
In order to restrict the potential for the dwellings to be considerably increased in volume that would result in disproportionate additions that would represent inappropriate development in the Green Belt, and to protect the character of the barn style dwellings.
04
Before the development is brought into use, that part of the site to be used by vehicles shall be 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.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
05
Details of the ecological enhancement recommended in part 6.4.1 of the submitted Middleton Bell Ecological Impact Assessment report shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented prior to the occupation of the dwellings.
Reason
In order to provide ecological enhancement.
06
The ecological mitigation measures listed in part 6.3 of the submitted Middleton Bell Ecological Impact Assessment report shall be adhered to during the construction process.
Reason
In order to prevent harm to local wildlife and ecology.
07
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 development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Local Plan policy
08
Prior to the occupation of units 2 & 3, details of one vehicle charging point per dwelling shall be submitted to and approved by the Local Planning Authority. The dwellings shall not be occupied until the charging points have been provided, and they shall thereafter be retained.
Reason
In the interests of sustainable development and air quality
09
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for an archaeological building record and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason:
To ensure that the historic buildings are investigated and a proper understanding of their nature, date and significance gained, before those they are damaged or destroyed and that knowledge gained is then disseminated.
10
Prior to work commencing, a targeted Phase II Intrusive Site Investigation should be undertaken to assess the geotechnical and geo-environmental conditions at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
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
Subject to the findings of Condition 10, a Remediation Method Statement shall be provided and approved by this Local Planning Authority. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
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 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 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.
13
If subsoil/topsoil is required to be imported to site for gardens and 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.
14
Following completion of any remedial/mitigation works a Validation Report should be forwarded to the Local Planning 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.
15
Landscaping of the site as shown on the approved plan (drawing no. Amended Site Plan P1 Rev D) shall be carried out during the first available planting season after commencement 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.
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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