| 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. Conditions numbered 04, 05, 09, 10, 12 and 13 of this permission require matters to be approved before development works begin; however, in this instance the conditions are 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 numbers 04, 05, 09, 10, 12 and 13 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
Location Plan dated 6 Jul 2023
23024-LE-00-ZZ-DR-D-0060 P04 – Phase 1 Proposed External Works
23024-LE-00-ZZ-DR-D-0010 P04 – Phase 2 Proposed External Works
23024-LE-00-ZZ-DR-D-0070 P06 – Enabling Works Proposed External Works
23024-LE-00-ZZ-DR-D-0011 P04 – Phase 2 Proposed Levels GA
23024-LE-00-ZZ-DR-D-0071 P02 – Proposed Footway Cut & Fill
23024-LE-00-ZZ-DR-D-0100 P03 – Proposed Drainage Strategy GA
23024-LE-00-ZZ-DR-D-0150 P02 – Enabling Works Proposed Drainage Strategy GA
B034571 TTE XX XX SE C 430005 P03 – River Wall Cross Section (Sheet 1 of 2)
B034571 TTE XX XX SE C 430006 P03 – River Wall Cross Section (Sheet 2 of 2)
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 / submitted drawings. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Before the development is brought into use the sight lines indicated on the attached plan shall be rendered effective.
04
Prior to works commencing above ground level a plan indicating the positions, design, materials and type of boundary treatment and wall capping to be erected shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the site is brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Highways
05
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
06
Prior to the commencement of works a Construction Traffic Management Plan shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Storage / loading / unloading of materials / plant; and car parking facilities for the construction staff.
Reason
In the interests of highway safety and amenity.
Ecology
07
Notwithstanding the submitted details, before above ground works commence details of external / internal lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites.
Reason
To minimise light pollution and reduce the impact on wildlife.
08
No removal of hedgerows, trees or shrubs, buildings or structure shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to 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.
09
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In the interests of biodiversity enhancement.
10
No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of ‘biodiversity protection zones’.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason
In the interests of biodiversity and ecology.
11
Prior to the commencement of the enabling works hereby approved a Biodiversity Net Gain Watercourse Credit equivalent to 0.05 of a credit shall be paid to the Local Planning Authority. The payment shall be used by the Council to directly fund mitigation for the loss of watercourse habitat in the Borough.
Reason
In the interests of Biodiversity Net Gain.
12
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) for each site have been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a:
i. Description and evaluation of features to be managed and enhanced; including:
a) Description of new landscape planting incorporating native plant species.
b) Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
c) To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes.
d) The location and number of bat roosting features should be included within the new residential properties.
e) The location and number of bird nest boxes should be integrated into the new residential properties.
ii. Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
iii. Aims and Objectives of management;
iv. Appropriate Management Actions for achieving Aims and Objectives;
v. An annual work programme (to cover an initial 5 year period).
For each of the first 5 years of the Plans, 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 Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To ensure no net loss in biodiversity across the sites.
Drainage and Flood Risk
13
The development shall be carried out in accordance with the submitted flood risk assessment (ref STM Environmental / 17/11/2023 / FRA-2023-000097) and the following mitigation measures it details:
• The development shall be completed as per the design drawings and topographical plans shown in Section 17.2 (Appendix 2 - Development Plans).
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 and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided.
14
No development shall take place until a scheme for the provision and management of a 7-metre-wide buffer zone alongside the watercourse has been submitted to and approved in writing by, the local planning authority. Thereafter, the development shall be carried out in accordance with the approved scheme. Any subsequent variations shall be agreed in writing by the local planning authority, in which case the development shall be carried out in accordance with the amended scheme. The buffer zone shall be free from built development including lighting, domestic gardens, and formal landscaping. The scheme should include:
• plans showing the extent and layout of buffer zone.
• details of any proposed planting schemes
• details demonstrating how the buffer zone will be protected during development and managed over the longer term including adequate financial provisions and named body responsible for management plus the production of detailed management plan.
• details of any proposed footpaths and fencing
• details of wildlife sensitive lighting scheme (refer to the Institution of Lighting Professionals (ILP) Guidance Note GN08/23 “Bats and Artificial Lighting at Night”, updated 2023).
Reason
Land alongside waterbodies is particularly valuable for wildlife and it is essential this is protected.
Canal and River Trust
15
Prior to the commencement of piling works on site, a detailed methodology for piling operations on site shall first be submitted to and approved in writing by the Local Planning Authority. Information within the methodology report shall contain:
• Details of vibration control and monitoring
• Details of permanent loading from the new piled structure and its impact on the existing retaining wall (including the provision of loading calculations from a competent person)
• Measures to protect the existing retaining wall next to the River Don during piling works
Thereafter, works will be carried out in accordance with the approved details.
Reason
In the interests of securing land stability on site.
Land Contamination
16
Cut and fill earthworks may be required at the site. If applicable 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 the safe occupation of the site.
17
Prior to above ground works commencing, a Remediation Method Statement for the removal of any unsuitable material in proposed areas of soft landscaping and asbestos affected soils shall be provided and approved by this Local Authority prior to any remediation works commencing on site. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
18
If 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. 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 the safe occupation of the site.
19
Post construction, if subsoil/topsoil is required to be imported to site for remedial works/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.
Reason
To ensure the safe occupation of the site.
20
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. The Verification 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 methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the Verification 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 verification data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site.
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.
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
The Temporary Traffic Regulation Order procedure can take up to 12 weeks and I would recommend that the applicant contact the Council’s Streetpride Service at the earliest opportunity. Once the enabling works have been completed the realigned Water Lane will require formal adoption which can be controlled by the applicant entering into a Memorandum of Understanding with the Council’s Highways Development Management Service.
04
In relation to condition 11, the payment of 0.05 of a credit would be £11,500. A full watercourse unit costs £230,000, therefore 0.05 of a credit is £11,500.
05
The applicant/developer is advised to contact the Trust’s Works Engineering Team via email at Enquiries.TPWNorth@canalrivertrust.org.uk or via switchboard on 0303 040 4040 in order to ensure that any necessary consents are obtained and that the works comply with the Canal & River Trust’s ‘Code of Practice for Works Affecting the Canal & River Trust’.
06
Environmental permit - advice to applicant
The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:
• on or within 8 metres of a main river (16 metres if tidal)
• on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)
• on or within 16 metres of a sea defence
• involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• in the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
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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