| Conditions / Reason for Refusal: |
General
01
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):
General
2015.20 rev A – Location Plan
2015.01 rev X – Site Layout Plan
2015.04 rev B – Streetscenes
2015.05 rev A – Cross Sections
192-BT-01 rev N – Boundary Treatment Plan
House Types
2015.BAX.01
2015.BOW.01
2015.BUN.01
2015.CUT.01
2015.FAR.01
2015.LOR.01
2015.SHO.01
2015.TAI.01
2015.THE.01
2015.THE.02
Garages
2015.G.01
Reason
To define the permission and for the avoidance of doubt.
Materials
02
The materials used in the construction of the development shall be in accordance with the details approved under RB2022/0449.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
03
The approved boundary treatments detailed on drawing numbers 192-BT-01 rev N shall be completed for each dwelling prior to first occupation and on the boundary to Park Hill Farm and the adjacent Football Club prior to the first dwelling being occupied, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interests of the visual amenity of the area and security of the site and land adjacent, in accordance with the Local Plan.
Amenity
04
The construction phase shall be carried out in accordance with the Construction Management Plan approved under RB2021/1966.
Reason
In the interests of highway safety and residential amenity.
05
Prior to each dwelling being occupied the noise mitigation measures set out in section 5.0 of the submitted and approved Noise Impact Assessment dated 3rd March 2021 by Sharps Redmore shall be implemented unless otherwise agreed in writing with the Local Planning Authority. The approved details shall thereafter be retained and maintained.
Reason
In the interests of residential amenity.
Air Quality
06
Prior to the occupation of any dwelling, the Electric Vehicle Charging connection detailed on the drawings approved under RB2022/0449 shall be implemented and shall thereafter be maintained and retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Drainage
07
The site shall be developed with separate systems of drainage for foul and surface water on and off site.
Reason
In the interest of satisfactory and sustainable drainage.
08
The surface water drainage works shall be carried out in accordance with the details approved under RB2022/0001.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
09
The development shall be carried out in accordance with the foul and surface water drainage scheme approved under RB2022/0001.
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
10
The development shall be carried out in accordance with the flood route drawings submitted and approved under RB2022/0001 and the development shall not be brought into use until the approved details have been 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.
Landscapes
11
The structure planting scheme to the site’s western boundary with Park Hill Farm shall be carried out in accordance with the details approved under RB2022/0449. The approved details shall be implemented prior to the first occupation of the part or phase of development to which the screen relates.
This planting shall be maintained for the lifetime of the development following contractual practical completion of the part or phase of development to which it relates, and any failures replaced for a period of 5 years.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
12
The development shall be carried out in accordance with the following detailed landscape plans:
• 1159-004 rev B
• 1159-005 rev A
• 1159-006 rev B
• 1159-007
• 1159-008 rev A
• 1159-009 rev B
• 1159-010
• 1159-011 rev A
1159-012
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice 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.
13
The detailed hard and soft landscape scheme for the Public Open Space / Play Area shall be carried out in accordance with the details submitted and approved by RB2022/0449. The scheme shall thereafter be implemented in accordance with the approved landscape scheme before the open space / play area is brought into use.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
14
The Landscape Management Plan submitted and approved under RB2022/0449 shall be complied with for the lifetime of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
15
Any plants or trees which within a period of 5 years from completion of the part or phase 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.
Ecology
16
The development shall be carried out in accordance with the Biodiversity Management Plan submitted and approved under RB2022/0524 and shall thereafter be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Green Spaces
17
The Local Area Play (LAP) shall be implemented in accordance with the plans submitted and approved under RB2022/0526 prior to the occupation of the 35th dwelling. The area shall thereafter be maintained and retained.
Reason
To ensure the scheme provides an appropriate level of play provision.
Highways
18
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
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.
19
The access and new internal road shall be constructed in accordance with the details submitted and approved under RB2021/1966 before the development is completed.
Reason
No details having been submitted they are reserved for approval.
Waste Management Plan
20
The Waste Management Plan submitted and approved under RB2022/0524 shall be implemented and thereafter maintained for the life of the development.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Communication
21
The details of measures to facilitate the provision of gigabit-capable full fibre broadband shall be carried out in accordance with the details submitted and approved under RB2022/0449.
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF.
Archaeology
22
The development shall be carried out in accordance with the Written Scheme of Investigation (WSI) submitted and approved under RB2022/0301.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Land Contamination
23
All earthworks shall be carried out in accordance with the details submitted and approved under RB2021/1966.
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
In the event that during development works unexpected significant contamination is encountered, 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.
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
Post construction, a Verification Report shall be provided for each plot to confirm that the measures constructed/installed meet the required standards. Inspection reports for each plot will be forwarded to the Local Authority for review and comment and shall be undertaken by a CL:AIRE approved Specialist In Gas Protection Verification.
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.
26
If subsoil/topsoil is required to be imported to site for remedial works/earthworks/garden areas 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 results of which will need to be presented in the format of a validation report.
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.
Trees
27
The tree protection measures detailed on drawing number SWN 04C shall be installed and retained on site throughout the construction phase.
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 trees/shrubs are protected during the construction of the development in the interests of amenity.
28
All tree works shall be carried out in accordance with B.S.3998: 2010. The schedule of all tree works shall not exceed that set out in the submitted Tree Works Schedule (ref: SWN 05B) unless otherwise approved in writing by the Local Planning Authority. No tree work shall commence until the applicant or his contractor has given at least seven days notice of the intended starting date to the Local Planning Authority. The authorised works should be completed within 2 years of the decision notice otherwise a new application for consent to carry out any tree work will be required.
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.
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 restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
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.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
03
It is recommended that the development is designed and built to Secured by Design standards (www.securedbydesign.com).
04
Access for appliances should be in accordance with Approved Document B, Volume 1, part B5, Section 13.
05
Where necessary water supplies should be in accordance with Approved Document B, Volume 1 part, B5 section 14.
06
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
07
Any works carried out in the future once the dwellings are occupied in respect of permitted development, consideration will need to be given in respect of the need for additional protection of extensions or activities that could result in blockage of vent bricks from works associated with raising garden levels, creation of patios etc.
08
Consideration should be given to including some passive venting stacks within street furniture (street lamps, bollards etc) to provide an unrestricted pathway for ground gas to vent.
09
A detail design and stage 2 Road Safety Audit should be submitted to the Council’s Highways department and a S278 legal agreement entered into prior to the commencement on site.
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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