| 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. Condition number 17 of this permission requires 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 predetermination.
ii. The details required under condition numbers 17 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.’
General
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 as shown on the approved plans (as
set out below)
• Site Location Plan 43508/111 Rev A
• Proposed Site Layout 43508/112 Rev B
• Building 10 Floor Plans & Elevation 43508/113 Rev A
• Building 11 Floor Plan & Elevations 43508/114 Rev A
• Site Sections 43508/115 Rev A
• Bin & Cycle Stores 43508/117 Rev A
• Fencing Details – Eclipse-60 Profile Panel System
• Boundary Treatment details 43508/116 Rev A
• Building 10 & 11 Landscape Masterplan TRD10 Rev A
• Building 10 & 11 Planting Plan TRD11
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/shown on the approved drawings. 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.
04
The development shall not be brought into use until the 2.4m high black weld mesh
fencing and gates have been erected in accordance with their position shown on the approved drawings. The boundary treatment shall thereafter be retained and maintained.
Reason
In the interests of the visual amenity of the area.
05
Prior to the first occupation of the building details of an Armco or similar barrier to be located in positions where vehicles may be in a position to drive into or roll onto the railway or damage the lineside fencing shall be submitted and approved in writing by the Local Planning Authority. Provision should be made at each turning area/roadway/car parking area adjacent to the railway. This is in accord with the new guidance for road/rail vehicle incursion NR/LV/CIV/00012 following on from DfT advice issued in 2003, now updated to include risk of incursion from private land/roadways.
Reason
To protect the railway infrastructure
06
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.
07
Before the development is brought into use the car parking area shown on the
submitted plan shall be provided, marked out and thereafter maintained for car
parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the
necessity for the parking of vehicles on the highway in the interests of road safety.
08
Before each building hereby approved has been brought into use a protocol for
implementing, monitoring and reviewing the submitted Framework Travel Plan in
conjunction with the Local Planning Authority, and a timetable for the
implementation of the protocol and the Travel Plan, shall be submitted to and
approved in writing by the Local Planning Authority. The Travel Plan shall be
implemented in full and in accordance with the approved timetable and protocol
unless otherwise agreed in writing by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
Drainage
09
Construction of roads or buildings shall not begin until a foul and surface water
drainage scheme for the site, based on sustainable drainage principles and an
assessment of the hydrological and hydro geological context of the development,
has been submitted to and approved in writing by the Local Planning Authority.
The scheme shall include the construction details and shall subsequently be
implemented in accordance with the approved details before the development is
completed. During construction, if the approved scheme has not been
implemented, temporary arrangements shall be put in place to limit surface water
runoff to the agreed discharge rate. The scheme to be submitted shall
demonstrate:
• The utilisation of holding sustainable drainage techniques;
• The limitation of surface water run-off to equivalent greenfield rates (i.e.
maximum of 5 litres/second/Ha) or at a rate to be agree with Lead Local
Flood Authority;
• The limitation of surface water run-off to equivalent brownfield rates (i.e.
minimum of 30% reduction in flows based on existing flows and a 1 in 1
year return period);
• The ability to accommodate surface water run-off on-site up to the critical 1
in 100 year event plus a 30% allowance for climate change, based upon the
submission of drainage calculations; and
• A maintenance plan including responsibility for the future maintenance of
drainage features and how this is to be guaranteed for the lifetime of the
development
• All Surface water shall be collected and diverted away from Network Rail Property.
• All Soakaways shall be located so as to discharge away from the railway infrastructure
• There should be no increase to average or peak flows of surface water run off leading towards Network Rail assets, including earthworks, bridges and culverts.
• All surface water run off and sewage effluent shall be handled in accordance with Local Council and Water Company regulations
• Attenuation shall be included as necessary to protect the existing surface water drainage systems from any increase in average or peak loadings due to normal and extreme rainfall events.
• Attenuation should be included as necessary to protect the existing surface water drainage systems from any increase in average or peak loadings due to normal and extreme rainfall events.
Reason
To ensure that the development can be properly drained in accordance with the
Local plan and the NPPF, and to protect the railway infrastructure.
10
Surface water from areas likely to receive petrol/oil contamination (e.g. vehicle
parking areas) shall be passed through effective oil/grit interceptors prior to
discharge to any sewer or watercourse.
Reason
To prevent pollution of any watercourse in accordance with the Local plan and the
NPPF.
11
Construction of roads or buildings shall not begin until a flood route drawing has
been submitted to and approved in writing by the Local Planning Authority. The
drawing shall show how exceptional flows generated within or from outside the site
will be managed, including overland flow routes, internal and external levels and
design of buildings to prevent entry of water. The development shall not be brought
into use until such approved details are implemented.
Reason
To ensure that the development can be properly drained and will be safe from
flooding in accordance with the Local plan and the NPPF.
Landscape
12
Landscaping of the site as shown on the approved plans Building 10 & 11 Landscape Masterplan TRD 10 Rev A and Building 10 & 11 Planting Plan
TRD 10 and additional details email dated 22 January 2021 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.
13
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. 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.
Ecology
14
The development shall be carried out in accordance with the ecological
enhancements set out in the submitted Ecological Impact Assessment dated July
2019. These include:
• Provision of bat roosting and bird nesting boxes ideally integrated within
proposed buildings
• Tree and shrub planting to include native species of local provenance,
native cultivars of wildlife value, and/or non- or near- native species of
wildlife value in accordance with recognised good practice
• Any proposed new external lighting for the development should be designed
to ensure that lights are angled downward and that night light levels remain
relatively low. A ‘dark corridor’ should be retained to the tree belt on the
southern boundary to Bluebell Wood Children's Hospice.
• Provision of 1no. ACO Wildlife Refuge and 1 no. woodpile habitat.
• A buffer strip should remain in place/be planted to protect the ditch that runs near the south western boundary of the site (‘Green Space’ policy area).
• The pond on the western boundary should be retained and protected or a
replacement pond should be provided as part of the development.
Thereafter such approved measures shall be retained and maintained unless
otherwise agreed with the Local Planning Authority.
Reasons
In the interests of ecological enhancement and biodiversity.
Sustainability
15
Prior to each building being brought into use EV charging points shall be provided in accordance with the details on the approved Proposed Site Layout 43508/112 Rev B, and they shall be thereafter retained.
Reason
In the interests of sustainable development and air quality.
16
The buildings hereby approved shall be designed and constructed to achieve
BREEAM Very Good rating as a minimum unless it can be demonstrated that it
would not be technically feasible or financially viable.
Reason
To achieve a sustainable form of development in accordance with the Local Plan.
General Amenity
17
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;
• details of the quality of soil and its movement and temporary storage during
construction; and
• details of proposed hours of construction on/deliveries to the site;
• an outline of the proposed method of construction, risk assessment in relation to the railway and construction traffic management.
• if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement shall be submitted for approval; and such
further matters as the Local Planning Authority may consider necessary.
The approved measures shall be implemented throughout the construction period.
Reason
In the interests of highway and railway safety and residential amenity.
18
During the hours of 07.00 to 23.00, the BS4142:2014 rating level, measured over 1
hour, shall not exceed the background sound level by more than 3dB above the
background (LA90) at the nearest noise sensitive properties. During the hours of
23.00 to 07.00 the BS4142:2014 rating level, measured over 5 minutes shall not
exceed the background sound level by more than 3dB above the background
(LA90) at the nearest noise sensitive properties.
Nearest noise sensitive receptors are as identified in the Acoustic Design
Technology – Environmental Noise Impact Assessment 25th February 2020, point
2.6 (Page 6).
Reason
To protect the amenity of nearby residents in accordance with relevant policies
within the Local Plan.
19
No noise generating plant including mechanical ventilation or refrigeration/air
conditioning extraction plant /chillers and free chillers, shall be installed in any part
of the development until full and precise details to include their locations have been
submitted to and approved in writing by the Local Planning Authority. The details
shall include a BS4142:2014 noise assessment and 1/3 octave frequency analysis
with appropriate corrections for acoustic features and shall detail any mitigation
measures, physical or operational to achieve the following –
The source sound level (expressed as rating level) shall not exceed 3dB
above the measured background level at the nearest noise sensitive
receptor as specified in the noise report, Acoustic Design Technology –
Environmental Noise Impact Assessment 25th February 2020, point 2.6
(Page 6).
Any approved mitigation measures identified in the report shall thereafter be
implemented in their entirety and retained for the lifetime of the development.
Reason
To protect the amenity of nearby residents.
20
Details of any external lighting shall be submitted to and approved in writing by the
Local Planning Authority. The details shall show
• how the lighting meets the guidance provided by The Institute of Lighting engineers in their document ‘Guidance Notes for the Reduction of Light Pollution’, and
• that where new lighting is to be erected adjacent to the operational railway the potential for train drivers to be dazzled shall be eliminated. In addition the location and colour of lights shall not give rise to the potential for confusion with the signalling arrangements on the railway.
The approved lighting details shall be implemented throughout the lifetime of the development.
Reason
To protect the amenity of the local residents and the railway infrastructure from any unwanted light.
21
Once the buildings hereby approved are in use, HGV deliveries shall only be
between the hours of 08.00-17.00 Monday to Saturday and at no time on Sundays
and Bank Holidays.
Reason
To protect the amenity of nearby residents.
Contaminated Land
22
In the event that during development works unexpected significant contamination
is encountered at any stage, 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.
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.
23
Buried concrete for the site should be designed to a design sulphate classification
of DS-1 for natural ground and DS2 for made ground, due to elevated sulphate
levels being detected. A corresponding ACEC class of AC-2 should be considered
for made ground across Zones 2.
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.
24
If topsoils are required to be imported to site for areas of soft landscaping, then
these soils will need to be tested at a rate and frequency to be agreed with the
Local Authority to ensure they are free from contamination. The details of such
testing will need to be presented in the format of a Validation Report and will be
forwarded to the Local Authority for review and comment.
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.
25
Prior to installation of any water pipes details of suitable water supply (barrier) pipes will need to be submitted and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from residual contaminants remaining in the made ground. The approved details shall be implemented on site.
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.
Telecommunication
26
Details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.’
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF
Informative(s)
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty
to investigate any complaints about noise or dust which may arise during the
construction phase. If a statutory nuisance is found to exist, they must serve an
Abatement Notice under the Environmental Protection Act 1990. Failure to comply
with the requirements of an Abatement Notice may result in a fine of up to £20,000
upon conviction in the Magistrates' Court. It is therefore recommended that you
give serious consideration to reducing general disturbance by minimising dust and
preventing mud, dust and other materials being deposited on the highway. This
would include:
i. Except in case of emergency, operations should not take place on site other
than between the hours of 08:00 - 18:00 Monday to Friday and between
09:00 - 13:00 on Saturdays. There should be no working on Sundays or
Public Holidays. At times when operations are not permitted work shall be
limited to maintenance and servicing of plant or other work of an essential
or emergency nature. The Local Planning Authority should be notified at the
earliest opportunity of the occurrence of any such emergency and a
schedule of essential work shall be provided.
ii. Heavy goods vehicles should only enter or leave the site between the hours
of 08:00 - 18:00 on weekdays and 09:00 - 13:00 Saturdays and no such
movements should take place on or off the site on Sundays or Public
Holidays (this excludes the movement of private vehicles for personal
transport).
iii. 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 Local 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.
iv. Effective steps should 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.
02
The granting of this planning permission does not authorise any signage to be
erected related to the development. Such signage is controlled by the Town and
Country Planning (Control of Advertisements) (England) Regulations 2007 and a
separate application for advertisement consent may be required.
03
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.
It is also advised that to ensure foraging reptiles and amphibians are protected a
precautionary working method should be prepared. This would include details of:
• Toolbox talk for construction personnel
• Walkover with hand searches of vegetation, spoil and brash
• Staged vegetation clearance
• Supervision by and Ecologist as necessary
04
Broadband provision
Please see the attached note from Superfast South Yorkshire regarding the Broadband provision
05
Network Rail have made the following comments –
Fail Safe Use of Crane and Plant
All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail’s property, must at all times be carried out in a ‘fail safe’ manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.
Excavations/Earthworks
All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted. Where development may affect the railway, consultation with the Asset Protection Project Manager should be undertaken. Network Rail will not accept any liability for any settlement, disturbance or damage caused to any development by failure of the railway infrastructure nor for any noise or vibration arising from the normal use and/or maintenance of the operational railway. No right of support is given or can be claimed from Network Rails infrastructure or railway land.
Security of Mutual Boundary
Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Project Manager.
Fencing
Because of the nature of the proposed developments we consider that there will be an increased risk of trespass onto the railway. The Developer must provide a suitable trespass proof fence adjacent to Network Rail’s boundary (minimum approx. 1.8m high) and make provision for its future maintenance and renewal. Network Rail’s existing fencing / wall must not be removed or damaged. It appears that the boundary already consists of palisade fencing, however, the developer should ensure that this is the case for the entirety of the boundary with the railway and that access to the railway infrastructure is not possible.
Method Statements/Fail Safe/Possessions
Method statements may require to be submitted to Network Rail’s Asset Protection Project Manager at the below address for approval prior to works commencing on site. This should include an outline of the proposed method of construction, risk assessment in relation to the railway and construction traffic management plan. Where appropriate an asset protection agreement will have to be entered into. Where any works cannot be carried out in a ‘fail-safe’ manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. ‘possession’ which must be booked via Network Rail’s Asset Protection Project Manager and are subject to a minimum prior notice period for booking of 20 weeks. Generally if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement should be submitted for NR approval.
Please note we will be unable to agree to discharge of a method statement condition without direct discussion and agreement with our Asset Protection Team and the developer entering into a Basic Asset Protection Agreement (where appropriate). We would advise that the developer discuss the proposals with Asset Protection prior to applying for the discharge of condition.
Vibro-impact Machinery
Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement
Scaffolding
Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed.
Cranes
With a development of a certain height that may/will require use of a crane, the developer must bear in mind the following. Crane usage adjacent to railway infrastructure is subject to stipulations on size, capacity etc. which needs to be agreed by the Asset Protection Project Manager prior to implementation.
Two Metre Boundary
Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail’s adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail’s boundary. This will allow construction and future maintenance to be carried out from the applicant’s land, thus reducing the probability of provision and costs of railway look-out protection, supervision and other facilities necessary when working from or on railway land.
ENCROACHMENT
The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.
Trees/Shrubs/Landscaping
Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions:
Acceptable:
Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorn (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat ‘Zebrina’
Not Acceptable:
Acer (Acer pseudoplantanus), Aspen – Poplar (Populus), Small-leaved Lime (Tilia Cordata), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), Ash (Fraxinus excelsior), Black poplar (Populus nigra var, betulifolia), Lombardy Poplar (Populus nigra var, italica), Large-leaved lime (Tilia platyphyllos), Common lime (Tilia x europea)
A comprehensive list of permitted tree species is available upon request.
Access to Railway
All roads, paths or ways providing access to any part of the railway undertaker's land shall be kept open at all times during and after the development. In particular, access to the adjacent railway bridge is required on a 24/7 basis for inspection and maintenance purposes and should not be obstructed by the development.
Network Rail is required to recover all reasonable costs associated with facilitating these works.
The method statement will need to be agreed with:
Asset Protection Project Manager
Network Rail (London North Eastern)
Floor 3B
George Stephenson House
Toft Green
York
Y01 6JT
Email: assetprotectioneastern@networkrail.co.uk
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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