| 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 05, 06 & 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 05,06 & 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) (Proposed Site Layout 31-003-Rev 6.0)
(Sungrow MV Unit Details Rev 1.0)
(Sungrow Battery Container Details Rev 1.0)
(66KV Transfomer Rev 1.0)
(MV Unit Details Rev 1.0)
(Standalone Control Room Rev 1.0)
(Battery Container Details Rev 1.0)
(Amended Fencing Design 001)
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 provided in the submitted application form and approved drawings. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity
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
No work or storage on the site shall commence until all the trees/hedges to be retained (As shown on drawing No.1487-002) have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations. This shall be positioned in accordance with details to be submitted to and approved by the Local Planning Authority. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
In order to protect adjoining trees.
06
Prior to the commencement of development, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include:
• Details of the proposed access to the site for all vehicles associated with the development on the application site;
• Traffic management measures during the construction work;
• The location of the site compound and staff parking;
• Measures to deal with dust;
• Measures to deal with mud in the highway;
• All loaded lorries leaving the site shall be securely and effectively sheeted.
• Details of proposed hours of construction on/deliveries to the site; and such further matters as the Local Planning Authority may consider necessary.
• Details of any generators on site.
• Details of site manager in relation to potential complaints.
• The location of any soils and / or other materials required throughout the construction phase.
Reason
In the interest of highway safety and neighbouring amenity.
07
The development hereby granted shall not be begun (except for demolition and clearance) until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems.
08
An absorptive acoustic barrier of 3.0m height and a minimum mass of 15kg/m2 shall be erected at the location shown on the approved plans prior to the battery storage facility being brought into use. The barrier shall be solid with no holes or gaps, continuous and sealed at all interfaces as specified in section 4.10 of the amended noise report. The acoustic barrier shall be maintained in good order throughout the duration of the development.
Reason
In the interest of neighbouring amenity.
09
The proposed battery storage facility shall not be brought into use until a noise assessment has been carried out, in accordance with details to be submitted
to and approved by the Local Planning Authority, demonstrating that the noise mitigation strategy described in the Hepworth Acoustics Report dated April 2023 (Report No: P22-411-R01v3) has been successful and the parameters of the report have been met. Should the mitigation measures prove unsuccessful, the application shall propose new mitigation measures to reduce the noise inline with the original Hepworth Acoustics Report.
Reason
In the interest of neighbouring amenity.
10
Before the development is brought into use, a Landscape scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented by the next available planting season (following completion of development) 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 the Local Plan.
11
Notwithstanding the submitted details, before any works commence a biodiversity management and monitoring plan, which outlines how the project will be monitored in respect of biodiversity, shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include:
• A detailed adaptive management plan that sets out how habitats will be created or enhanced and describing the proposed ongoing management for a minimum of 30 years.
• A detailed monitoring plan that will be used to inform ongoing management and assess the progress towards achieving target condition. This should outline surveys that will be used to inform the condition monitoring reports.
• The roles, professional competencies and responsibilities of the people involved in implementing and monitoring the biodiversity net gain delivery.
• Evidence that the necessary resources are available to deliver the proposed biodiversity net gain plan and the ongoing management.
The approved details thereafter shall be implemented prior to the development is brought into use and thereafter retained and maintained for their designed purpose in accordance with the approved scheme.
12
No tree or hedgerow shall be cut down, uprooted or destroyed nor shall any tree or hedgerow be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree or hedgerow is removed, uprooted or destroyed or dies, another tree or hedgerow shall be planted in the immediate area and that tree or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.
Reason
In the interests of the visual amenities of the area.
Drainage Informative:
In order to discharge (drainage details), the applicant is advised that they would be expected to submit information including but not limited to the following:
1. Written evidence is required from the LLFA / sewerage undertaker to confirm any adoption agreements and discharge rates.
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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