| Conditions / Reason for Refusal: |
Conditions
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.
Condition numbered 10 of this permission require matters to be approved before development works begin; however, in this instance the condition is 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 number 10 are fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.
01
The development hereby approved must be begun no later than 26th November
2025 (5 years from the original outline approval).
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990 and to comply with the conditions of the outline application RB2021/1506
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 as shown on the approved plans (as set out below)
Location Plan 21137 P0001 Rev A
Site Master Plan 21137 P0002 Rev P
Site Constraints Plan 21137 P0003 Rev A
External Hard surface Finishes Plan 21137 P0004 Rev D
Proposed Site Sections (1 of 3) 21137 P0006 Rev G
Proposed Site Sections (2 of 3) 21137 P0007 Rev F
Proposed Site Sections (3 of 3) 21137 P00011 Rev D
Fencing Details 21137 P0008 Rev G
Access Plan 21137 P0010 Rev A
Electric Vehicle Duct Provision Plan 21137 P0012 Rev C
Unit A Site Plan 21137 P0100 Rev E
Unit A Building Plan 21137 P0101 Rev C
Unit A Office Plans 21137 P0102 Rev C
Unit A Roof Plan 21137 P0103 Rev C
Unit A Elevations 21137 P0104 Rev C
Unit A Cycle Shelter Details 21137 P0110 Rev A
Unit A Bin Store Details 21137 P0111 Rev A
Unit B Site Plan 21137 P0200 Rev E
Unit B Building Plan 21137 P0201 Rev C
Unit B Office Plans 21137 P0202 Rev B
Unit B Pod Office Plans 21137P0203 Rev B
Unit B Roof Plan 21137 P0204 Rev B
Unit B Elevations 21137 P0205 Rev D
Unit B Cycle Shelter Details 21137 P0210 Rev B
Unit B Bin Store Details 21137 P0211 Rev B
Unit B Gatehouse Details 21137 P0212 Rev C
Preliminary Levels and Retaining Walls 7395-MJM-00-00-SK-C-1252 Rev P13
External Retaining Walls 7395-MJM-00-ZZ-DR-S-9050 Rev P4
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 shown on the approved proposed elevation plans for each unit/structure listed in Condition 02. The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
04
Prior to the erection of any retaining walls details of their location, appearance and materials to be used in their construction shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable
HIGHWAYS
05
Before the development is brought into use, that part of the site to be used by
vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
In the interests of Highway Safety
06
Before the development is brought into use the car parking area shown on the
proposed site plan shall be provided, marked out and thereafter maintained
for car parking.
Reason
In the interests of Highway Safety
07
The Framework Parking Design and Management Plan dated 8th April 2022 shall be implemented at the site for the lifetime of the development.
Reason
In the interest of highway safety.
LANDSCAPE
08
Landscaping of each unit as shown on the approved plans, listed below, shall be carried out during the first available planting season after commencement of each unit.
Landscape Concept Plan 2160/21-02 Rev L
Landscape Cross Section (Sheet 1 0f 2) 2160/21-21 Rev D
Landscape Cross Section (Sheet 2 0f 2) 2160/21-22 Rev C
Detailed Planting Plan (Sheet 1 of 3) 2160/21-03 Rev C
Detailed Planting Plan (Sheet 2 of 3) 2160/21-04 Rev C
Detailed Planting Plan (Sheet 3 of 3) 2160/21-05 Rev D
Tree Pit Details Double stake 2160/21-11 Rev A
Tree Pit Details Multi-stemmed 2160/21-12 Rev A
Tree Pit Details Coniferous 2160/21-13 Rev B
Tree Pit Details 2160/21-15 Rev A
Soft Landscape Specification 2160-21-SP02A
Soft Landscape Works Maintenance & Management Proposals 2160/21-RP01A
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 Local Plan Policies.
09
Prior to the commencement of soft landscape works details of any required stabilization, methodology for planting on the newly created bund, ground preparation details, planting and maintenance for the bund area shall be submitted to and approved by the Local Planning Authority. Any plants or trees which within a period of 5 years from completion of the bunding areas 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. The site shall not be occupied until the approved works have been completed.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs on bunded areas in the interests of amenity and in accordance with Local Plan Policies.
10
No operations (including initial site clearance) shall commence on site in connection with development until a Tree Protection Plan** in accordance with BS5837* has been submitted and approved by the local planning Authority. This should detail all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
A schedule of tree works for all the retained trees specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
Protection/retention of levels within the root protection areas.
Details of the arboricultural supervision schedule.
Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
Timing and phasing of works
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Reason
To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees in the interests of the visual amenities of the area and in accordance with relevant Local Plan Policies
AMENITY
11
Prior to each unit first being brought into use the section of Acoustic Barrier to be provided at each unit shall be provided in accordance with the details contained in the Noise & Vibration Assessment dated 7th April 2022, and indicated on the Fencing Details Plan Ref. 22137 P0008 Rev G. The acoustic barrier shall be retained, maintained and fit for purpose through the lifetime of the development hereby approved.
Reason
In the interest of residential amenity in accordance with relevant Local Plan policies.
12
The Vibration Management Plan included as Appendix B of the Noise & Vibration Assessment dated 7th April 2022 shall be implemented and complied with throughout the construction phase of the development hereby approved, and the operational phase of the development for the lifetime of the development, as indicated below -
1. Prior to the commencement of the development details of the following shall be submitted to and approved by the Local Planning Authority and provided on site before the development is commenced
Public liaison committee and helpline
A display Board to be erected with contact details for key personnel etc
2. Prior to the occupation of the site details of baseline monitoring as outlined in the Vibration Management Plan shall be submitted and approved by the Local planning Authority.
3. Six months after each unit is brought into use a post-occupation vibration monitoring report shall be submitted to and approved by the Local Planning Authority as outlined in the Vibration Management Plan and any recommendations/mitigation implemented.
4. If any further mitigation is required a post mitigation report demonstrating compliance shall be submitted and approved by the Local Planning Authority
The Vibration Management Plan shall be reviewed bi-annually, or as often as required which is to be agreed with the Local Planning Authority.
Reason
To ensure that that any vibration remains within acceptable limits in the interest of residential amenity in accordance with relevant Local Plan policies.
ENVIRONMENT
13
The fast charging electric vehicle charging points and passive ductwork infrastructure for future electric vehicle charging points shown on plan Ref. 21137 P0012 Rev Cand in the submitted Charger Details shall be provided for each unit prior to that unit being brought into use, and shall be retained on site throughout the lifetime of the development
Reason
In the interest of sustainable development.
14
Within 3 months of practical completion of each unit a post construction BREEAM Assessment shall be submitted to demonstrate that each unit has achieved BREEAM Very Good rating as identified in the submitted pre-assessment reports.
Reason
To achieve a sustainable form of development in accordance with the NPPF.
COMMUNICATIONS
15
Within six months of each unit being occupied Fibre to the Premises (FTTP) to provide gigabit-capable full fibre broadband shall be installed in each unit.
Reason
In accordance with Local Plan Policy SP61 Telecommunications and Chapter 10 of the NPPF
16
Prior to the commencement of soft landscape works, details of how the stone salvaged from demolition of the stone boundary wall on the Cumwell Lane frontage will be re-used within the development along with a timetable for its provision shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented on site in accordance with the approved timetable and shall be retained on site for the lifetime of the development.
Reason
In the interest of visual amenity of the locality and in accordance with Local Plan policy.
Informatives
01
Wildlife Legislation
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.
02
Environment Agency Fuel Storage
General principles of pollutant storage and transmission
You must design and maintain storage and transmission facilities, such as tanks, lagoons and pipework, in such a way that hazardous substances are prevented from being released to the environment and the input of non-hazardous pollutants to groundwater is limited so as to not cause pollution. The Environment Agency expects operators to adopt appropriate engineering standards, taking into account the nature and volume of materials stored and the sensitivity of the groundwater.
For petrol filling stations, systems should meet the specifications within the accepted industry standards in design, construction and operation (Blue Book). Where the Environment Agency judges there to be an unacceptable risk to groundwater from the storage of pollutants or their transmission through associated pipework, it will normally oppose such storage or transmission. If other material planning considerations determine that the development should proceed, the Environment Agency expects best available techniques (BAT) to be applied. Where storage already exists the Environment Agency will work with operators to assess and if necessary mitigate the risks to groundwater, with an aim to meet the objective set by this position statement. Re-use of existing facilities for new applications must be accompanied by a thorough assessment to demonstrate that the facilities are adequately designed and fit for purpose for the proposed new use, and that there will be no unacceptable input of pollutants to groundwater.
Environment Agency - Site- reprofiling
We would expect the developer to refer to the CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2). This provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works is waste or has ceased to be waste.
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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