| 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 03 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 03 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans.
Reason
To define the permission and for the avoidance of doubt.
03
The development hereby granted shall not be started 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 and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan
Informative
01
This development is not subject to the statutory Biodiversity Gain Plan condition because of the declaration on the application form that the development was exempt (because the impact on habitat is de-minimis).
02
Drainage Informatives:
a) Records indicate site to be in Environment Agency Flood Warning Area Zone 1
b) Flood resilience should be duly considered in the design of the new building/s or
renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE
Good Building Guide 84.
c) Developments should have floor levels set higher than the recorded flood level or a
minimum of 300mm above proposed ground level.
d) Surface Water Discharge From Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will
be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
e) On Site Surface Water Management:
The site is required to accommodate rainfall volumes up to 1 in 100 year return period
(plus climate change) whilst ensuring no flooding to buildings or adjacent land.
The applicant will need to provide details and calculations including any below ground
storage, overflow paths (flood routes), surface detention and infiltration areas etc. to
demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and
accommodated.
Where cellular storage is proposed and is within areas where it may be susceptible to
damage by excavation by other utility contractors, warning signage should be provided
to inform of its presence. Cellular storage and infiltration systems should not be
positioned within highway.
Guidance on flood pathways can be found in BS EN 752.
f) No part of the proposed development shall be constructed within 5-8m of an ordinary
watercourse and a minimum 3 m for a culverted watercourse (increases with size of
culvert)
g) The applicant may require written consent from the Environment Agency, for any
proposed discharge to “controlled waters” (main river/watercourse)
h) If the development is proposing to make a new highway drainage connection to an
existing highway drainage system, detailed CCTV surveys and modelling of the existing highway drainage system will be required to determine the capability to accept additional flow. Discharge will be limited to greenfield run-off rates.
i) Whereby a private maintenance arrangement is proposed and the development is
unlikely to remain under single ownership or within a single curtilage over its lifetime a condition will require a satisfactory legal agreement to be drawn up to provide for
inspection and maintenance of the proposed surface water drainage scheme. This legal agreement is required BEFORE the first occupation of any dwelling or building on the site. Over the lifetime of the development an agreement must include the following:
i) A detailed operational maintenance plan;
ii) Physical access arrangements for maintenance, and establishment of legal
rights of access in perpetuity, prior to the commencement of any phase of the
development;
iii) A financial revenue plan clearly setting out how funding for maintenance is to
be raised over the lifetime of the development;
iv) A whole life cost analysis for capital maintenance over the lifetime of the
development. Any values should be based on the current HM Treasury Present
Value (PV) Discount Rate. Assumptions about the expected useful life of
materials should be included in any such analysis; and
v) Details of financial surety to ensure long-term maintenance and capital
maintenance costs of apparatus. It is for the developer to demonstrate that a
suitable financial underwriting arrangement is in place.
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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