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Conditions or Reasons for Planning Application - CB/19/00887/FULL
Conditions or Reasons:
1) The development hereby permitted shall begin not later than five years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2) Prior to the commencement of the road construction, details of the crossing points across the proposed road shall be submitted to the Local Planning Authority for approval in writing. The development shall be completed in accordance with the approved details.

Reason: To provide adequate pedestrian connectivity, in accordance with Policy BE8 of the adopted Local Plan, Policy HQ1 of the emerging Local Plan and the NPPF. These details are required prior to the commencement of development as the siting of the crossing points may impact or impede the construction of the development.
3) Prior to the commencement of the road construction, details of the green bridges across the proposed road shall be submitted to the Local Planning Authority for approval in writing. The development shall be completed in accordance with the approved details.

Reason: To provide adequate pedestrian connectivity, in accordance with Policy BE8 of the adopted Local Plan, Policy HQ1 of the emerging Local Plan and the NPPF. These details are required prior to the commencement of development as the siting of the crossing points may impact or impede the construction of the development.
4) No development shall take place until an archaeological strategy for mitigation has been submitted to and approved in writing by the Local Planning Authority. The archaeological mitigation strategy (in the form of a Scheme of Archaeological Resource Management) shall include the following components:

1. A method statement for additional geophysical survey and trial trench evaluation of those areas not evaluated in 2018 (if required);
2. A method statement for the investigation of all archaeological remains present that will be destroyed by the development and/or a method statement for the preservation 'in situ' of archaeological remains;
3. A strategy for community engagement;
4. an outline strategy for post-excavation assessment, analysis and publication; and
5. A timetable for each stage of the archaeological works.

Development shall thereafter only be implemented in accordance with the approved archaeological scheme which shall be implemented in full.

Reason: This condition is pre-commencement as a failure to secure appropriate archaeological investigation in advance of development would be contrary to paragraph 199 of the National Planning Policy Framework that requires developers to record and advance of understanding of the significance of any heritage assets affected by development before they are lost (wholly or in part).
5) Written notification of the date of completion of the archaeological fieldwork shall be sent to the Local Planning Authority within 7 days of such completion. Development shall not commence unless and until the archaeological Post Excavation Assessment Report and Updated Project Design has been submitted to and approved in writing by the Local Planning Authority. The Post Excavation Assessment Report and Updated Project Design shall be submitted within 6 months of the notified date of completion of the archaeological fieldwork. The archaeological Post Excavation Assessment and Updated Project Design shall follow the parameters in the approved outline strategy for post-excavation assessment, analysis and publication.

Reason: To ensure that the record of archaeological work is made publicly available in accordance with paragraph 199 of the NPPF. (The Local Planning Authority is satisfied that the timing of compliance is fundamental to the development permitted and that the permission ought to be refused unless the condition is imposed in this form).
6) The archaeological post excavation analysis (as specified in the approved Updated Project Design); the preparation of the site archive for deposition with a store approved by the Local Planning Authority; the completion of the archive report and the submission of the publication report shall be undertaken within 2 years of the date of written approval of the Updated Project Design.

Reason: In accordance with paragraph 199 of the NPPF; to ensure that the record of archaeological work and any associated archive are made publicly available.
7) Prior to the commencement of the road construction, details of the delivery, alignment, widths and surfacing of new Public Rights of Way shall be submitted to the Local Planning Authority for approval in writing. The works shall be completed in accordance with the approved details.

Reason: In order to provide satisfactory rights of way connections through the development, in accordance with the NPPF, Policy BE8 within the adopted Local Plan and Policy HQ1 within the emerging Local Plan.
8) Prior to the commencement of development a noise and vibration mitigation scheme shall be submitted for approval in writing by the Local Planning Authority. The scheme shall be based on the recommendations identified in the Jacobs Environmental Statement dated 15th March 2019 (Ref: BRJ10503-JAC-EGN-00-RP-LE-0013/P00) and any associated documentation. The scheme shall be implemented in accordance with the approved details and shall be retained in accordance with those details thereafter.

Reason: To ensure that the proposed development does not present an unacceptable adverse impact in terms of residential amenity, in accordance with the NPPF, Policy BE8 of the adopted Local Plan and Policy HQ1 of the emerging Local Plan.
9) Prior to the commencement of the road, details of the off-site landscaping shall be submitted to the Local Planning Authority for approval in writing. The proposed landscaping shall be provided prior to the completion of the development, in accordance with the approved details.

Reason: In order to provide adequate landscape mitigation to the proposed development, in accordance with the NPPF, Policy BE8 of the adopted Local Plan and Policy HQ1 of the emerging Local Plan.
10) Prior to the first use of the proposed road, details of lighting shall be submitted to the Local Planning Authority for approval in writing. The lighting shall be provided in accordance with the approved details prior to the first use of the road.

Reason: To provide a high quality design that benefits the character and appearance of the development, in accordance with Policy BE8 of the adopted Local Plan, Policy HQ1 of the emerging Local Plan and the NPPF.
11) Prior to the first use of the proposed road, details of any proposed boundary treatment shall be submitted to the Local Planning Authority for approval in writing. The boundary treatment shall be provided in accordance with the approved details prior to the first use of the road.

Reason: To provide a high quality design that benefits the character and appearance of the development, in accordance with Policy BE8 of the adopted Local Plan, Policy HQ1 of the emerging Local Plan and the NPPF.
12) Prior to the commencement of the road construction, details of the on-site landscaping shall be submitted to the Local Planning Authority for approval in writing. The proposed landscaping shall be provided prior to the completion of the development, in accordance with the approved details.

Reason: In order to provide adequate landscape mitigation to the proposed development, in accordance with the NPPF, Policy BE8 of the adopted Local Plan and Policy HQ1 of the emerging Local Plan.
13) Prior to the commencement of the development, hereby approved, details of the proposed highways mitigation (including a phasing plan for the mitigation), associated with Junction 11a of the M1, shall be submitted for approval in writing. The development shall be constructed in accordance with the approved details. The approved mitigation shall be provided in accordance with an approved details.

Reason: In order to provide suitable level of access, with acceptable level of highways safety, in accordance with the NPPF, Policy BE8 within the adopted Local Plan and Policy HQ1 within the emerging Local Plan.
14) Prior to the commencement of development a full investigation into the receiving existing drainage system is submitted to the Local Planning Authority for approval in writing. The investigation shall include details of the condition, capacity and works required to make the system fit for use. The discharge rate shall also be agreed via the investigation material, after a review of the capacity and capability evidence. The development shall be constructed in accordance with the approved details and retained thereafter.

Reason: To ensure that the development does not present an unacceptable adverse impact in terms of drainage, in accordance with the NPPF. These details are required prior to the commencement of the development as they may be influence or impede details of the wider construction process.
15) Prior to the commencement of the road construction either:- all surface water network upgrades required to accommodate the additional flows from the development have been completed; or - an infrastructure phasing plan has been submitted to the Local Planning Authority for approval in writing. The development shall be constructed in accordance with the approved details and retained thereafter.

Reason: In order to provide sufficient capacity for additional flows anticipated from the new development, in accordance with the NPPF.
16) Prior to the commencement of the development, hereby approved, details of any highways junction mitigation not directly associated with Junction 11a of the M1, shall be submitted for approval in writing. The approved mitigation, and associated development, shall be provided in accordance with the approved details.

Reason: In order to provide suitable level of access, with acceptable level of highways safety, in accordance with the NPPF, Policy BE8 within the adopted Local Plan and Policy HQ1 within the emerging Local Plan.
17) No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

1. A Preliminary Risk Assessment (PRA) including a Conceptual Site Model (CSM) of the site indicating potential sources, pathways and receptors, including those off site.
2. The results of a site investigation based on (1) and a detailed risk assessment, including a revised CSM.
3. Based on the risk assessment in (2) an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions. The plan shall also detail a long term monitoring and maintenance plan as necessary.
4. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the remediation strategy in (3). The long term monitoring and maintenance plan in (3) shall be updated and be implemented as approved.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 170, 178, 179 and Environment Agency Groundwater Protection Position Statements which can be found here:
https://www.gov.uk/government/publications/groundwater-protection-position-statements
18) The development hereby permitted may not commence until a monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports to the Local Planning Authority, has been submitted to, and approved in writing by, the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the Local Planning Authority.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 170, 178, 179 and Environment Agency Groundwater Protection Position Statements which can be found here:
https://www.gov.uk/government/publications/groundwater-protection-position-statements
19) If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 170, 178, 179 and Environment Agency Groundwater Protection Position Statements which can be found here:
https://www.gov.uk/government/publications/groundwater-protection-position-statements
20) Development shall not begin until a scheme for surface water disposal has been submitted to and approved in writing by the Local Planning Authority. Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality. The development shall be carried out in accordance with the approval details.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 170, 178, 179 and Environment Agency Groundwater Protection Position Statements which can be found here:
https://www.gov.uk/government/publications/groundwater-protection-position-statements
21) Piling or any other foundation designs and investigation boreholes using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 170, 178, 179 and Environment Agency Groundwater Protection Position Statements which can be found here:
https://www.gov.uk/government/publications/groundwater-protection-position-statements
22) Development shall not begin until a scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to and approved in writing by the Local Planning authority. The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained, post-development, for monitoring purposes will be secured, protected and inspected.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 170, 178, 179 and Environment Agency Groundwater Protection Position Statements which can be found here:https://www.gov.uk/government/publications/groundwater-protection-position-statements.
23) Prior to the commencement of the road, details of the ecological mitigation shall be submitted to the Local Planning Authority for approval in writing. The ecological mitigation shall include, and shall not be limited to, the following:
Hedgerow improvements and planting
Badger fencing
GCN Exclusion fencing (both temporary and permanent)
Mammal underpasses
Details regarding artificial flight lines for bats

The proposed ecological mitigation shall be provided prior to the completion of the development, in accordance with the approved details.

Reason: In order to provide adequate mitigation to the proposed development, in accordance with the NPPF, Policy BE8 of the adopted Local Plan and Policy HQ1 of the emerging Local Plan.
24) The development must be delivered in accordance with the terms and conditions of this Council's organisational licence (WML-OR24) and with the proposals detailed on plan 'Figure 1 GCN District Licence Impact Map dated 7th May 2019'.

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence WML-OR24, in accordance with the NPPF.
25) No development (including ground investigations, site preparatory works and ground clearance) can take place until a certificate from the Delivery Partner (as set out in the District Licence WML-OR24), confirming that all necessary measures in regard to great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the local planning authority and the local authority has provided authorisation for the development to proceed under the district newt licence.

The Delivery Partner certificate must be submitted to this planning authority and approved in writing prior to the commencement of the development (any on-site works which may impact on great crested newts or their habitat) hereby approved.

Reason: In order to adequately compensate for negative impacts to great crested newts, in accordance with the NPPF. This information is required prior to the commencement of development as any development may negatively impact Great Crested Newts within the site.
26) All site works (including ground investigations, site preparatory works, ground clearance etc.) must be carried out in accordance with best practice guidance (GCN Mitigation Principles, as set out in the District Licence WML-OR24) and using reasonable avoidance measures. In addition:

Works to existing ponds onsite may only be undertaken during autumn/winter, unless otherwise in accordance with the GCN Mitigation Principles.
Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.
Capture methods must be used at suitable habitat features prior to ground clearance or removal of such features (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development).
The recommendations in report 'M1-A6 Link Road, Central Bedfordshire Council Habitat Management and Monitoring Plan', dated 14th August 2019, reference 'BRJ10503-JAC-EGN-01-RP-LE-0001 | R00' provided as part of the planning application must be complied with.

Reason: In order to adequately mitigate impacts on great crested newts, in accordance with the NPPF.
27) Prior to the commencement of the development, upgrades to Junction 11a of the M1 shall be submitted to a layout consistent with that illustrated in principle on Jacobs Engineering Group drawing BRJ10503-JAC-HGN-01-DR-CH-0045 Rev P03 (or subsequently approved revisions). No construction of the improvements shall commence until full design and construction details have been submitted and agreed in writing with the Local Planning Authority in consultation with Highways England. The scope of the details to be agreed is set out in the informative annex to these conditions.

Reason: To ensure the that the M1 motorway and A5 trunk road continue to serve their purpose as a part of a national system for through traffic in accordance with Section 10 of the Highways Act 1980, and to satisfy the reasonable requirements of road safety on the M1, A5 and connecting roads.
28) Prior to the commencement of the development enhancements to the A5/B5120 junction to ensure the junction remains within capacity, following the opening of the link road shall be identified and agreed in writing with the Local Planning Authority in consultation with the Highways England. Construction of any identified works shall commence within five years of the opening of the link road.

Reason: To ensure the that the M1 motorway and A5 trunk road continue to serve their purpose as a part of a national system for through traffic in accordance with Section 10 of the Highways Act 1980, and to satisfy the reasonable requirements of road safety on the M1, A5 and connecting roads
29) Prior to the commencement of the development, a Construction Management Plan and phasing of delivery shall be agreed in writing with the Local Planning Authority in consultation with the highway authorities. The Construction Management Plan shall include, and not be limited to, the following details:

(A) The parking of vehicles
(B) Loading and unloading of plant and materials used in the development
(C) Storage of plant and materials used in the development
(D) The erection and maintenance of security hoarding / scaffolding affecting the highway if required.
(E) Footpath/footway/cycleway or road closures needed during the development period
(F) Traffic management needed during the development period.
(G) Times, routes and means of access and egress for construction traffic and delivery vehicles (including the import of materials and the removal of waste from the site) during the development of the site.
(H) details of the responsible person who can be contacted in the event of a complaint; and
(J) The phasing of the development

The development shall be constructed in accordance with the approved details. The Construction Management Plan shall include any further information requested by the highways authorities.

Reason: This condition is pre-commencement, in the interests of safety, protecting the amenity of local land uses, neighbouring residents and highway safety. (Policy DM3 of the Core Strategy for the North and Section 9 of the NPPF). This information is required prior to the commencement of development in order to make sure the construction doesn't harm the amenity of residents.
30) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers BRJ10503-JAC-GEN-00-SK-CH-0003 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0102 Rev.P02, BRJ10503-JAC-HGN-00-DR-CH-011 Rev.P00, BRJ10503-JAC-HLG-00-DR-CH-0002 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0010 Rev.P01, BRJ10503-JAC-ELS-00-DR-LE-0036 Rev.P01, BRJ10503-JAC-HLG-00-DR-CH-0005 Rev.P01, BRJ10503-JAC-GEN-00-SK-CH-0005 Rev.P00, BRJ10503-JAC-HGN-00-DR-CH-0131 Rev.P00, BRJ10503-JAC-HLG-00-DR-CH-0001 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0112 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0013 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0114 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0109 Rev.P00, BRJ10503-JAC-HGN-00-DR-CH-0108 Rev.P00, BRJ10503-JAC-HDG-00-DR-CD-0015 Rev.P01, BRJ10503-JAC-ELS-00-DR-LE-0038 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0103 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0135 Rev.P00, BRJ10503-JAC-HLG-00-DR-CH-0004 Rev.P01, BRJ10503-JAC-HML-00-DR-CH-0006 Rev.P01, BRJ10503-JAC-HML-00-DR-CH-0004 Rev.P01, BRJ10503-JAC-ELS-00-DR-LE-0039 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0007 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0003 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0107 Rev.P00, BRJ10503-JAC-HML-00-DR-CH-0005 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0124 Rev.P00, BRJ10503-JAC-HML-00-DR-CH-0001 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0016 Rev.P00, BRJ10503-JAC-HDG-00-DR-CD-0004 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0008 Rev.P01, BRJ10503-JAC-HML-00-DR-CH-0003 Rev.P01, BRJ10503-JAC-HLG-00-DR-CH-0006 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0106 Rev.P01, BRJ10503-JAC-ELS-00-DR-LE-0034 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0009 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0136 Rev.P00, BRJ10503-JAC-HGN-00-DR-CH-0111 Rev.P00, BRJ10503-JAC-HGN-00-DR-CH-0101 rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0012 Rev.P01, BRJ10503-JAC-ELS-00-DR-LE-0035 Rev.P01, BRJ10503-JAC-HML-00-DR-CH-0002 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0005 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0113 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0132 Rev.P00, BRJ10503-JAC-HDG-00-DR-CD-0011 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0002 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0105 Rev.P01, BRJ10503-JAC-ELS-00-DR-LE-0037 Rev.P01, BRJ10503-JAC-HGN-00-DR-CH-0137 Rev.P00, BRJ10503-JAC-HDG-00-DR-CD-0006 Rev.P01, BRJ10503-JAC-HDG-00-DR-CD-0014 Rev.P01 and BRJ10503-JAC-HGN-00-DR-CH-0104 Rev.P01.


Reason: To identify the approved plans and to avoid doubt.


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