| 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
3491-FBA-XX-XX-DR-A-90050_P1
3491-FBA-XX-XX-DR-A-90051_P1
0519-RFM-XX-00-DR-L-0006_P11
0519-RFM-XX-00-DR-L-0011_P02
0519-RFM-XX-00-DR-L-0012_P01
Reason
To define the permission and for the avoidance of doubt.
03
Prior to the commencement of above ground development, details of external materials to be used in the hard landscaping to the public realm areas including lighting, street furniture, sample boards, unit sizes and laying bond shall be submitted to and approved in writing by the Local Planning Authority. Development shall proceed in accordance with the approved details.
Reason
In the interests of the visual amenities of the area.
04
Prior to any above ground development on each phase taking place, 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, including details of any balustrades etc. on existing walls adjacent the River or Canal.
• 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 for the lifetime of the development, 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.
05
Any plants or trees which within a period of 5 years from completion of each phase 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.
06
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Reason
To ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features of communal, public and biodiversity significance.
07
No development shall commence until a Biodiversity Enhancement & Management Plan (BEMP), based on the Biodiversity Management Plan dated May 2023, has been submitted to and approved in writing by the Local Planning Authority. The Plan shall provide a:
• Description and evaluation of features to be managed and enhanced;
• Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
• Aims and Objectives of management;
• Appropriate management Actions for achieving Aims and Objectives; and
• An annual work programme (to cover an initial 5 year period)
For each of the first 5 years of the Plan, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period. The plan shall be reviewed and updated every 5 years to ensure the aims and objectives of the plan are being met. The approved plan will be implemented in accordance with the approved details.
Reason
In the interests of biodiversity.
Informatives
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.
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.
03
It is recommended that the development is built to Secured by Design standards. www.securedbydesign.com
• Lighting – The public realm space created should be lit to BS 5489.
• Security of Public Realm – Any Benches or other furniture fitted into the new public realm be sufficiently grounded as to prevent their easy removal or destruction.
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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