| 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 05, 06, 09 and 10 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 05, 06, 09 and 10 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.
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)
Proposed Block Plan (Drawing No.0302.07) Received 06/03/2026
Layout & Grading Plan (Drawing No.0302.02) Received 06/03/2026
Drainage Plan (Drawing No.0302.15) Received 06/03/2026
Cross Section Plans (Drawing No.0302.03) Received 06/03/2026
Amended Landscape Plan (Drawing No.0302.04 Rev A) Received 07/05/2026
Amended Tree Survey and Arboricultural Impact (Version 3) Received 07/05/2026
Amended Tree Protection Plan 1,2 & 3 Received 07/05/2026
Reason
To define the permission and for the avoidance of doubt.
03
No tree shall be cut down, uprooted or destroyed nor shall any tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree is removed, uprooted or destroyed or dies, another tree shall be planted in the immediate area and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority
Reason
In the interests of the visual amenities of the area.
04
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with details as shown on the approved plans. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
In the interests of the visual amenities of the area
05
Prior to the commencement of development details of the measures to be employed
to prevent the egress of mud, water and other detritus onto the highway and details
of the measures to be employed to remove any such substance from the highway
shall be submitted to and approved in writing by the Local Planning Authority. Such
measures shall be used for the duration of the works.
Reason
In order to ensure the development does not give rise to problems of mud/material
deposit on the adjoining public highway in the interests of road safety.
06
Prior to commencement of development details of the temporary access road
required to transport materials to the site, including constructional and drainage
details shall be submitted to and approved in writing by the Local Planning Authority.
The access road shall be completed in accordance with the approved details before
any material is brought to site and after the works are completed the temporary road
shall be removed and the site restored in a manner to be agreed with the Local Planning Authority.
07
All soils/materials imported to site for shall be tested at a rate and frequency to be
agreed with the Local Authority to ensure they are free from contamination. The
details of the proposed sampling regime shall be submitted to and approved in
writing by the Local Planning Authority prior to the commencement of the works and
the development shall be carried out in full compliance with the approved details.
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
08
Landscaping of the site as shown on the approved plan (Landscape plan drawing no. 0302.04RevA) shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime 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 and in accordance
09
No development shall commence on site until:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The details shall be implemented in accordance with the timescales set out in the approved Biodiversity Gain Plan.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted
and agreed by the Council prior to the commencement of the consented
development please see the link: Submit a biodiversity gain plan - GOV.UK
(www.gov.uk)
Reason
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act
1990 is that planning permission granted for the development of land in England is
deemed to have been granted subject to the condition (the biodiversity gain
condition), to ensure Biodiversity Net Gain.
10
The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority and including:
a) a non-technical summary;
b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;
c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority.
Notice in writing shall be given to the Council when the HMMP works have started.
Reason
To ensure no net loss in biodiversity across the site.
Informatives
01
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.
Public Right of Way
02
The developer should ensure the TransPennine Trail will be protected at all times during construction and the Trail will not be used for storage of materials or parking of construction vehicles.
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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