| 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 13 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 13 is 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 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/Planning Boundary P3.00.00 P3
• Proposed Finished Earthworks Contours Plan P3.06.01 Rev P5
• Proposed Finished Earthworks Isopach Cut and Fill P3.06.02 Rev P5
• Proposed Earthworks Depth Contours P3.06.03 Rev P3
• Proposed Earthworks Sections Index Sheet P3.06.04 Rev P5
• Proposed Earthworks Sections Sheet 1 P3.06.05 Rev P4
• Proposed Earthworks Sections Sheet 2 P3.06.06 Rev P4
• Proposed Earthworks Sections Sheet 3 P3.06.07 Rev P4
• Proposed Earthworks Sections Sheet 4 P3.06.08 Rev P2
• Proposed Earthworks Sections Sheet 5 P3.06.09 Rev P2
• Drainage GA Plan P101 Rev P2
• Surface Water Drainage Catchments P102 Rev P2
• Foul Water Drainage Catchments P103 Rev P2
• Pump Station Layout WG.S104.D305 Rev A3
• Landscape Proposals Sub Station Planting 9019-010/102
• Landscape Proposals General Arrangement 9019-010/101
Reason
To define the permission and for the avoidance of doubt.
LANDSCAPE AND ECOLOGY
03
Within 1 month of the commencement of development a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
-The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
-The extent of any changes to existing ground levels, where these are proposed.
-Any constraints in the form of existing or proposed site services, or visibility requirements.
-Areas of structural and ornamental planting that are to be carried out.
-The positions, design, materials and type of any boundary treatment to be erected.
-A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
-A written specification for ground preparation and soft landscape works.
-The programme for implementation.
-Written details of the responsibility for maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme 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 the Local Plan.
04
Prior to the erection of the pumping station, a detailed landscaping scheme based on the principles set out in plan reference ‘Landscaping Proposals Sub Station Planting’ Ref: 9019-010/102 shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be implemented as advanced structure planting within a timescale to be approved in writing.
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
05
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 and in accordance with the Local Plan
06
The development hereby approved shall be carried out in accordance with the following recommendations
• paragraphs 4.4 – 4.6 of the Bat Monitoring Survey 2020
• paragraphs 5.5 – 5.8 of the Reptile Monitoring Report 2020
• paragraphs 5.6 – 5.8 of the Bird Breeding Report 2020
Reason
To ensure the development is carried out in an appropriate manner and to protect local nature conservation in accordance with Policy CS20 ‘Biodiversity and Geodiversity’ and relevant guidance contained within the NPPF.
FLOOD RISK
07
All subsequent Reserved Matters applications shall be carried out in accordance with the submitted flood risk assessment from WYG (a042756-50) dated March 2020 and the following mitigation measures it details:
• Finished floor levels shall be set no lower than 31.3metres above Ordnance Datum (AOD) to form development platforms for phase 3A and 3B of the proposed development.
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason
To reduce the risk of flooding to the proposed development and future occupants.
GENERAL AMENITY/GEOTECHNICAL
08
Throughout the construction phases of development and except in cases of emergency, no operation that is likely to give rise to noise nuisance or loss of amenity shall take place on site other than between the hours of 0730 to 1800 Monday to Friday and between 0800 to 1300 on Saturdays. Operations which give rise to noise nuisance shall not be carried out on Sundays, Public Holidays or outside normal weekday working hours. 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 shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided
Reason
In the interests of the amenity of the locality and in accordance with policies Policy CS27 ‘Community Health and Safety’ and SP52 Pollution Control.
09
Throughout the development all vehicles reversing warning alarm systems shall not exceed the ambient noise level in the working location by more than 5dBA.
Reason
In the interests of the amenity of the locality and in accordance with policies Policy CS27 ‘Community Health and Safety’ and SP52 Pollution Control.
10
At all times during the development authorised or required under this permission, effective means shall be employed to minimise dust. Such measures shall include water bowsers, sprayers whether mobile or fixed, or similar equipment, upward pointing exhausts, wind fences, landscaping bunds, stockpile dampening, aerodynamic shaping of stockpiles to prevent dust lift off, regulating the speed of vehicles, hard covering of roadways and other steps as are appropriate.
Reason
In the interests of the amenity of the locality and in accordance with policies Policy CS27 ‘Community Health and Safety’ and SP52 Pollution Control.
11
At such times during the exportation of the stockpiled material when due to site conditions the prevention of dust nuisance by these means is considered by the Local Planning to be impracticable, then movements of soils, overburden and other dust raising materials shall be temporarily curtailed until such time as the site/weather conditions improve such as to permit a resumption of the operations.
Reason
In the interests of the amenity of the locality and in accordance with policies Policy CS27 ‘Community Health and Safety’ and SP52 Pollution Control.
12
On receiving any dust complaints the operator shall provide and install all necessary monitoring equipment to carry out dust incidence measurements in accordance with arrangements and at location(s) to be agreed with the Local Planning Authority. The Local Planning Authority shall have freedom of access to all dust monitoring records and results from the site on request.
Reason
In the interests of the amenity of the locality and in accordance with policies Policy CS27 ‘Community Health and Safety’ and SP52 Pollution Control.
13
Prior to development works commencing a detailed earthworks strategy/specification will need to be submitted for approval. All works will need to be undertaken in accordance with the earthwork strategy to ensure that any geotechnical and contamination risks will be managed appropriately.
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.
14
Cut and fill earthworks are required at the site so that a development platform can be achieved. These earth works shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall 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.
15
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. Works thereafter shall be carried out in accordance with an approved Method Statement. This is to ensure the development will be suitable for use and that identified contamination will not present significant risks to human health or the environment.
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.
16
Following completion of any remedial/ground preparation works on Phase 3A or Phase 3B, a Validation Report shall be submitted to and approved in writing by the Local Planning Authority for that Phase. The validation report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved earthworks specification. Details of any necessary post-remedial sampling and analysis to show the approved specification has been adhered to shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the Local Planning 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
Informative(s)
N/A
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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