| 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 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)
• (Drawing number AL0002 Rev D – Site Plan)(received 04 March 2026)
Reason
To define the permission and for the avoidance of doubt.
03
Detailed hard & soft landscape scheme
Prior to first occupation, a detailed hard and soft landscape scheme for the Community Garden within the development shall be submitted to, and approved in writing by, the Local Planning Authority. These details shall be prepared to a minimum scale of 1:200. The scheme shall clearly identify the following as appropriate:
Hard Landscape elements:
• Existing and proposed finished levels or contours
• Means of enclosure including its finished colour
• Other vehicle and pedestrian access and circulation areas
• Hard surfacing materials
• Minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting)
• Proposed and existing functional services above and below ground (e.g. drainage, power, communication cables, pipelines, inspection chambers, etc)
• Highway visibility requirements • Retained existing site features and proposals for restoration, where relevant.
Soft landscape details shall include:
• Planting plans
• Written specifications (including ground preparation, cultivation and other operations associated with plant and grass establishment)
• Schedules of plants, noting species, planting sizes and proposed numbers / densities or planting distances
• An implementation programme.
• 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 SP32 ‘Green Infrastructure and Landscape’ and SP33 ‘Conserving and Enhancing the Natural Environment’.
04
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 SP32 ‘Green Infrastructure and Landscape’ and SP33 ‘Conserving and Enhancing the Natural Environment’.
05
Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
06
All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
07
At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
08
Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
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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