| 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 and/or carried out before development can start. Conditions numbered 5, 17, 22, 23 and 24 of this permission requires matters to be approved and/or carried out 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 conditions numbered 5, 17, 22, 23 and 24 is 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, or matters carried out.’
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 at scale 1:1250
Site Plan at scale 1:500
MS/84/24 – 04 – Floor Plans
MS/84/24 – 05 – Elevation Plans
MS/84/24 – 06 – Site Sections
MS/84/24 – 07 – Maintenance Store
Reason
To define the permission and for the avoidance of doubt.
03
Prior to construction works commencing above ground level details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
The materials used in the external surfaces of the dormer window extension hereby approved shall be of a similar appearance to those used in the construction of the existing roof.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Construction Environment Management Plan
05
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading of materials / plant areas
o Car Parking facilities for construction staff
o Delivery times of materials and plant
o Reference to how the development will legally take access from the adjacent highway i.e. s278 or s184 agreement
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
06
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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
07
Before the development is brought into use the car parking area shown on the submitted plan (Site Plan at scale 1:500) shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
08
Prior to the building first being occupied, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority
Reason
In the interests of promoting sustainable transport.
EV Charging Points
09
Prior to the occupation of the dwellings, details of one vehicle charging point per dwelling shall be submitted to and approved by the local planning authority. The dwellings shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality
General Amenity
10
No noise generating fixed plant including mechanical ventilation, air conditioning/refrigeration compressor units or extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014 +A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a maximum cumulative plant noise Rating Level of no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Restrictions
11
The retail floorspace hereby approved shall be limited in terms of individual retail unit size so that no single unit shall exceed 50 square metres in gross internal floor area unless otherwise agreed in writing by the Local Planning Authority.
Reason
To ensure the retail space remains appropriate for the local area and to ensure no impact on nearby centres or impact on amenity and highway matters.
12
The ground floor shall be used for activities falling within Use Class E(a) – ‘Display or retail sale of goods, other than hot food’ only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, (or any Order revoking and re-enacting that Order with or without modification).
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 ‘Pollution Control’ and the National Planning Policy Framework.
13
The ground floor shall be open for customers and deliveries between the hours of 08:00-18:00hrs Mondays to Saturdays and 10:00-16:00hrs on Sundays.
Reason
To safeguard the amenities of the occupiers of nearby residential properties in accordance with Local Plan Policy SP52 ‘Pollution Control’ and the National Planning Policy Framework.
14
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (or any Order revoking and re-enacting that Order with or without modification), no windows or openings shall be inserted into the southern side elevation of the extension hereby approved.
Reason
In the interests of the amenities of the occupiers of neighbouring properties.
Drainage
15
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed.
Reason
In the interest of satisfactory and sustainable drainage.
16
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network)
17
The development hereby granted shall not be begin until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin
Ecology and BNG
18
Notwithstanding the submitted details, before above ground works commence details of external 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. The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and height of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All external/internal lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details. Under no circumstances shall any other external
lighting be installed.
Reason
To ensure that there is no light pollution that could impact on local wildlife and local wildlife sites.
19
No removal of hedgerows, trees, shrubs, brambles, ivy and other climbing or works to or demolition of buildings or structures that may be used by breeding birds 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.
20
All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Estrada Ecology June 2026) already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason
To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended, and s40 of the NERC Act 2006.
21
No development above slab level shall commence until a Biodiversity Enhancement Scheme (BES) for protected and Priority species shall be submitted to and approved in writing by Local Planning Authority. The content of the Biodiversity Enhancement Strategy shall include the following:
a) Purpose and conservation objectives for the proposed enhancement measures;
b) detailed designs or product descriptions to achieve stated objectives;
c) locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans;
d) persons responsible for implementing the enhancement measures;
e) details of initial aftercare and long-term maintenance (where relevant).
The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.
Reason
To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the NPPF 2025 and s40 of the NERC Act 2006 (Priority habitats & species).
22
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.
23
The development shall not commence until a Habitat Management and Monitoring Plan (HMMP) has been submitted prepared in accordance with the approved Biodiversity Gain Plan 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.
Reason
To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the NPPF 2025 and s40 of the NERC Act 2006 (Priority habitats & species).
Trees and Landscapes
24
No operations (including initial site clearance, vegetation clearance, demolition, groundworks or delivery of materials) shall commence on site until an ArboriculturaL Method Statement and Tree Protection Plan, prepared in accordance with BS5837:2012, have been submitted to and approved in writing by the Local Planning Authority.
The submitted details shall include:
• Tree protection fencing locations and specification;
• Ground protection measures where required;
• Details of construction activities within the vicinity of retained trees;
• Details of any excavation, service installation, surfacing works or level changes occurring adjacent to retained trees;
• Arboricultural supervision requirements;
• A schedule of monitoring visits and reporting procedures;
No development shall commence until photographic evidence has been submitted to and approved in writing by the Local Planning Authority demonstrating that all approved tree protection fencing and ground protection measures have been installed in accordance with the approved Tree Protection Plan.
The approved tree protection measures shall remain in situ for the duration of the development and shall not be removed, repositioned, breached or altered without the prior written approval of the Local Planning Authority.
Reason
To ensure appropriate protection of retained trees and vegetation in the interests of visual amenity, biodiversity, green infrastructure and the character of the area.
Land Contamination
25
Prior to any ground works commencing, a Phase 2 Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site complete with ground gas monitoring. A detailed scope of works including the methodology for investigation shall be submitted to and approved in writing by the Local Authority prior to any site investigation works commencing. The site investigation shall thereafter be undertaken in accordance with the approved details. The investigation and subsequent risk assessment must be undertaken by competent persons, and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
The above should be conducted in accordance with the new guidance document ‘Land Contamination Risk Management’ (June 2025) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017)
Reason
To ensure the safe occupation of the site.
26
Subject to the findings of condition 24 above and prior to above ground works commencing, a Remediation Method Statement shall be provided for the approval of this Local Authority prior to any remediation/ground improvement works commencing on site. The works shall be of such a nature as to render harmless any possible identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. 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.
27
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.
28
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site.
29
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.
Broadband / Digital
30
Upon commencement of development above ground level, details of measures to facilitate the provision of gigabit-capable full-fibre broadband for the development hereby permitted, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In the interests of digital connectivity.
Network Rail
31
Prior to any drainage works within 30m of the boundary with Network Rail’s land, a surface water drainage strategy shall be submitted to and approved in writing by the Local Planning Authority. The details must ensure that surface water flows away from the railway, there must be no ponding of water adjacent to the boundary with the railway, any attenuation scheme within 30m of the railway boundary must be approved by Network Rail in advance and there must be no connection to existing railway drainage assets without prior agreement with Network Rail. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the development first being brought into use.
Reason
To ensure drainage associated with the site does not impact on or cause damage to adjacent railway assets.
Informatives
01
Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. 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 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.
02
All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
03
At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption.
04
Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
05
SY Police Designing Out Crime Officer has recommended that the application is built to Secured by Design (securedbydesign.com) by incorporating the following:
Lighting
Stairwells to be open and well lit, the user should be able to see the staircase ahead.
The entrance into the development should be well lit and offer as much natural surveillance to the street scene as possible.
The parking area for the retail units should be lit with a lighting scheme which complies with BS 5489.
Security of Development
The apartment doors themselves should be to standard PAS 24:2022. All ground floor glazing should also comply with this standard and be of laminated glass of 6.8 mm thickness. The doors for the commercial units should be to standard LPS 1175 SR 2 or better.
06
Due to the proximity of the proposed development to the operational railway boundary, it will be imperative that the developer liaise with Network Rail’s Asset Protection Team (contact details below) prior to any work taking place on site to ensure that the development can be undertaken safely and without impact to operational railway safety. Details to be discussed and agreed may include construction methodology, earthworks and excavations, use of crane, plant and machinery, drainage and boundary treatments. It may be necessary for the developer to enter into a Basic Asset Protection Agreement (BAPA) with Network Rail to ensure the safety of the operational railway during these works. We would also like to advise that where any damage, injury or delay to the rail network is caused by construction works or future maintenance (related to the application site), the applicant or developer will incur full liability. This could also include police investigation as it is a criminal offence to endanger the railway or obstruct the passage of rail traffic. It should also be noted that any damage that requires a line closure or repairs can result in costs which could exceed hundreds of thousands of pounds.
All new enquiries will need to be submitted via the Asset Protection and Optimisation - Customer Portal (ASPRO Network Rail Implementation (oraclecloud.com)). From there, the outside party can create an account and submit their enquiry. The enquiry will then be assigned to one of the Asset Protection team to progress. Alternative contact details for Asset Protection are supplied below.
The proposed application site falls within Network Rail’s Mining Referral & Landfill Gas Reporting area. Should this application move forward, we would require the developer to work closely with our Asset Protection Team to ensure that the scheme did not adversely impact the railway infrastructure. The applicant may be required to provide ground investigation/monitoring to confirm there will be no detrimental effect on earthwork stability. Additionally, any works to assess mining risk should comply with Network Rail guidance NR L2 CIV 191 Mod 5 (requirements for managing the risk from mining in design and construction), which will need to be managed through our Asset Protection Team.
Network Rail contacts;
Asset Protection Eastern
For enquiries, advice and agreements relating to construction methodology, works in proximity to the railway boundary, drainage works, or schemes in proximity to railway tunnels (including tunnel shafts) please email assetprotectioneastern@networkrail.co.uk.
Land Information
For enquiries relating to land ownership enquiries, please email landinformation@networkrail.co.uk.
Property Services
For enquiries relating to agreements to use, purchase or rent Network Rail land, please email propertyserviceslneem@networkrail.co.uk.
07
The Developer should be aware that any development for residential or noise sensitive use adjacent to an operational railway may result in neighbour issues arising. Consequently, every endeavour should be made by the developer to provide adequate soundproofing for each dwelling. Please note that in a worst-case scenario there could be trains running 24 hours a day and the soundproofing should take this into account.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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