| Conditions or Reasons: | 1)
Definition of the Planning permission:
The development hereby permitted shall extend to the area edged with a red line on Drawing No. CB/19/02296/MW-1 attached to this decision and, except as may be modified by the following conditions, the development shall be carried out in accordance with the following documents and Drawings (as supported and amended):
Planning Application Form dated 21 August 2019;
Planning Statement prepared by Arrow Planning Ltd dated July 2019 (Ref: APL-002 Mundays Hill);
Application Site Location Plan Drawing No. 5615.022 dated May 2019;
Letter from Arrow Planning Ltd dated 15 October 2019;
Letter from Arrow Planning Ltd dated 4 December 2019;
Letter from Arrow Planning Ltd dated 17 February 2020;
Drawing No. 5615.011 Rev F 'Access Arrangements and Haul Routes' received by the Local Planning Authority 26 June 2020;
Drawing No. 1-74_202.E 'Length of Hedgerow on Eastern Way to be removed' dated 17 November 2020;
Drawing No. 1-74_202.1.E 'Length of Hedgerow on Eastern Way to be removed with overlay of SMA 5615.009 D' dated 17 November 2020;
Drawing No. C17011/D/404 'Proposed Access and Buildings' dated 18 Dec 2019;
Drawing No. C17011/D/400 Rev C 'Phase 2' received by the Local Planning Authority 5 March 2020;
Drawing No. C17011/D/401 Rev C 'Phase 3' received by the Local Planning Authority 5 March 2020;
Drawing No. C17011/D/402 Rev C 'Phase 4' received by the Local Planning Authority 5 March 2020;
Drawing No. C17011/D/403 Rev C 'Phase 5' received by the Local Planning Authority 5 March 2020;
Landscape and Visual Impact Appraisal Rev A prepared by Built Form Resource dated February 2020;
Landscape and Visual Impact Appraisal Appendix A Rev A prepared by Built Form Resource dated February 2020;
Landscape and Visual Impact Appraisal Addendum prepared by Built Form Resource dated 26 June 2020;
Flood Risk Assessment prepared by Stuart Michael Associates dated May 2019 (SMA Ref: 5615/FRA Issue 03);
Preliminary Hydrogeological Risk Assessment (Final Report) prepared by Firth Consultants dated 31 May 2019 (Report Ref: fc37160);
Surface Water Management Plan prepared by Stuart Michael Associates dated May 2019 (SMA Ref: 5615/SWMP Issue 03);
Technical Note Surface Water prepared by Stuart Michael Associates dated 24 October 2019 (SMA Ref: 5615);
Drawing No. 5615.024 'Surface Water Drainage Strategy' dated October 2019;
Drawing No. 5615.025 'Surface Water Drainage Strategy Construction Details' dated October 2019;
Noise Assessment prepared by Stuart Michael Associates dated July 2019 (SMA Ref: 5615/NA Issue 03);
Dust Assessment prepared by Stuart Michael Associates dated July 2019 (SMA Ref: 5615/DA Issue 01);
Dust Management Plan prepared by Stuart Michael Associates dated July 2019 (SMA Ref: 5615/DMP Issue 01);
Ecological Assessment prepared by Pleydell Smithyman Ltd dated June 2019 (PSL Ref: M14.121(k).R.001A Revision A);
Ecological Response to Officer comments prepared by Pleydell Smithyman Ltd dated 2 December 2019;
Biodiversity Metric 2.0 Calculation Tool;
Transport Assessment (TA) prepared by Stuart Michael Associates dated July 2019 (SMA Ref: 5615/TA Issue 03) as amended by:
Access Considerations Supplementary Note dated 21 November 2019 (SMA Ref:5615);
Supplementary Note to the TA prepared by Stuart Michael Associates dated December 2019 (SMA Ref: 5615/TA/SN Issue 02); and
Addendum to the Supplementary Note to the TA received by the Local Planning Authority on 26 June 2020;
Email from Stuart Atkinson to CBC Highways Officer dated 22 June 2020 (08:54 hrs);
Drawing No. 5615.027 Rev A 'Autotrack Swept Path Analysis' received by the Local Planning Authority on 26 June 2020;
Drawing No. 5615.009 Rev D 'Proposed Site Access Arrangements' received by the Local Planning Authority on 26 June 2020;
Concept Restoration Plan Drawing No. 1-74_201.C (Rev C) dated 4 December 2019;
Site Sections 1 5 (Sheet 1 of 2) Drawing No. 1-74_204.1.A dated 12 December 2019; and
Site Sections 6 10 (Sheet 2 of 2) Drawing No. 1-74_204.2.A dated 12 December 2019.
Reason: To define the permission and for the avoidance of doubt. |
2)
Time limits:
The development hereby permitted shall be begun not later than the expiration of four years from the date of this permission. Written notification of the date of commencement of the development and commencement of waste or material importation shall be provided to the Local Planning Authority within 7 days of those respective commencements.
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 and to enable the Local Planning Authority to monitor compliance with the conditions of the planning permission. |
3)
Operations for the importation of waste or materials hereby permitted in connection with landfilling operations permitted under Planning Permission Ref. CB/19/02297/MW shall cease no later than 14 years from the date of commencement of such importation, as notified to the Local Planning Authority under Condition 2. Within a further twelve months from the cessation of waste or materials importation operations, all buildings, foundations, plant, machinery, ancillary facilities, signage, areas of hardstanding and internal haul roads unless included within the approved final restoration scheme, within the area edged red on Drawing No. 5615.022 shall be removed off site and restoration works within the site completed.
Reason: To ensure the development is completed within an acceptable timescale and to accord with MWLP Saved Policy GE26. |
4)
Construction Environmental Management Plan:
No development shall take place unless and until a method of working in the form of a Construction Environmental Management Plan (CEMP) to include the following elements has been submitted to and approved by the Local Planning Authority:
The size and location(s) of any contractors' compound(s);
Arrangements for safe access and routeing of construction traffic and parking of contractors' vehicles;
Measures to be adopted and equipment to be used to prevent the trafficking of mud, stone and debris onto the public highway;
Measures for the control of dust;
Measures for the control of noise and vibration;
Procedures for the control of temporary site lighting;
Procedures to safeguard utilities and services;
Management and re-use of indigenous soils arising from the construction works;
Measures to manage and contain surface water run-off and mitigate any risk from blockage or severance of drainage pathways throughout the construction period;
Measures for the protection of groundwater;
Construction site management practice to safeguard against risk to mammals (protected species) throughout the construction period; and
Procedures to be adopted in the event of any complaint.
The CEMP as may be approved shall be implemented in full and complied with throughout the construction period.
Reason for Pre-commencement Condition: In the interests of highway safety, the ecology of the site and to protect the amenities enjoyed by occupiers of nearby properties in accordance with MWLP Saved Policy GE18. The Local Planning Authority is satisfied that the timing of compliance is fundamental to the development permitted to ensure such measures and procedures are in place in advance of the development commencing and that the permission ought to be refused unless the condition is imposed in this form. |
5)
Access and Highway Works:
Other than those required for the formation of the access and widening of the Eastern Way carriageway, no waste or materials shall be brought into the site unless and until localised widening of the Eastern Way carriageway along its northern edge has been carried out to achieve an overall width of 6.2m from the existing Mundays Hill Quarry entrance to the new access hereby approved with an increased width of 7.3m at the approach to the new access from the east for a minimum distance of 45m from the centreline of the junction in an easterly direction in addition to the installation of signage on Eastern Way to warn road users of HGVs turning at the new access junction. The localised widening of the carriageway and signage shall be retained for the duration of the development and after which the carriageway shall be returned to its original width and the signage removed.
Reason: To ensure that HGV traffic associated with the use of the development can safely access and egress the site and to accord with Bedfordshire and Luton Minerals and Waste Local Plan (MWLP) Saved Policy GE23. |
6)
Other than those required for the formation of the access and widening of the Eastern Way carriageway, no waste or materials shall be brought into the site unless and until the new site access off Eastern Way, has been carried out in accordance with the details shown on Drawing No. 5615.009 Rev D 'Proposed Site Access Arrangements' received by the Local Planning Authority on 26 June 2020.
Reason: To ensure that HGV traffic associated with the use of the development can safely access and egress the site and to accord with Bedfordshire and Luton Minerals and Waste Local Plan (MWLP) Saved Policy GE23. |
7)
The site access hereby permitted shall not be brought into use unless and until visibility splays have been provided at the junction of the access with the public highway in accordance with the visibility splays shown on Drawing No. 5615.009 Rev D 'Proposed Site Access Arrangements' received by the Local Planning Authority on 26 June 2020. Thereafter all parts of the visibility splays shall be kept free from obstruction above the adjacent carriageway level for the duration of the development.
Reason: In the interests of highway safety and to accord with MWLP Saved Policy GE23. |
8)
Vehicular access to and egress from the site, including by vehicles associated with construction/preparatory works, shall only be by way of the junction arrangement as shown on Drawing No. 5615.009 Rev D 'Proposed Site Access Arrangements' received by the Local Planning Authority on 26 June 2020.
Reason: In order to minimise danger, obstruction and inconvenience to highway users in accordance with MWLP Saved Policy GE23. |
9)
No Heavy Goods Vehicles (HGVs) shall turn left out of the site
Reason: To ensure that HGVs associated with the development do not travel through Heath and Reach village to protect the amenities enjoyed by its residents and in the interests of highway safety in accordance with MWLP Saved Policies GE18 and GE23. |
10)
Site Layout, Fencing, CCTV and External Floodlighting:
The Site Compound hereby permitted shall be laid out in accordance with the details shown on Drawing No. C17011/D/404 'Proposed Access and Buildings' dated 18 Dec 2019.
Reason: To ensure an efficient working layout of the site and in the interests of visual amenity in accordance with Policy WSP3 of the Minerals and Waste Local Plan: Strategic Sites and Policies. |
11)
No fencing or gates shall be erected on site other than in accordance with details that shall have been previously submitted to, and approved in writing by, the Local Planning Authority.
Reason: In the interests of visual amenity and to accord with MWLP Saved Policy GE9. |
12)
No importation of waste carrying vehicles shall take place unless and until a CCTV system has been installed to monitor the entrance to the site in accordance with a scheme that shall have been previously submitted to, and approved in writing by, the Local Planning Authority. Such a scheme shall include details of:
the column(s) and camera(s) to be used;
the area subject to surveillance; and
the capability for remote access to be viewed by the Local Planning Authority at all times of both historic and live footage by means of a downloadable App on mobile devices.
The CCTV system shall thereafter be implemented in accordance with the approved scheme, operated on a 24 hour, 7 days a week basis and maintained in good working order for the duration of the development.
Reason: To allow for the monitoring of HGV movements, the condition of the site entrance and public highway and hours of operation. |
13)
No external floodlighting shall be installed on the site except in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be designed to minimise impacts upon sensitive receptors, including ecological receptors. The scheme shall thereafter be installed and operated in accordance with the details as may be approved for the life of the development.
Reason: To protect the amenities of the area and minimise disturbance to sensitive receptors in accordance with MWLP Saved Policy GE18. |
14)
Facing Materials:
None of the following buildings shall be constructed, assembled or installed on site without details of their external facing materials and colours first being submitted to the Local Planning Authority for its approval in writing:
Site Office;
Welfare Block;
Security Bunkabin;
Storage Container; and
Day Shelter.
The development shall thereafter be carried out in accordance with the details as may be agreed.
Reason: In the interests of visual amenity and to accord with MWLP Saved Policy GE9. |
15)
Hours of Operation:
No HGVs shall enter or leave the site except between 07:00 hrs and 19:00 hrs on Mondays to Fridays excluding Public or Bank Holidays.
Reason: To minimise disturbance to nearby residents and to protect the amenities of the surrounding environment in accordance with MWLP Saved Policy GE18. |
16)
No non-HGVs shall enter or leave the site except between 07:00 hrs and 19:00 hrs on Mondays to Fridays excluding Public or Bank Holidays other than:
staff and contractors using non-HGVs shall be permitted to enter and leave the site between 06:30 hrs and 19:30 hrs on Mondays to Fridays excluding Public or Bank Holidays to open the site and enable it to receive HGVs from 07:00 hrs and close the site following the departure of the last HGV at 19:00 hrs;
staff and contractors using non-HGVs shall be permitted to enter and leave the site between 07:00 hrs and 13:00 hrs on Saturdays to allow:
i) operational use of landfill areas subject to planning permission Plg Ref: CB/19/02297/MW but involving no importation of waste; and
ii) use of other uses hereby permitted under this planning permission (Plg Ref: CB/19/02296/MW.
No operations shall be carried out on Sundays, Public or Bank Holidays.
Reason: To minimise disturbance to nearby residents and to protect the amenities of the surrounding environment in accordance with MWLP Saved Policy GE18. |
17)
Marking of Limits:
No operations shall take place until the boundaries of the application site, as shown edged red on Drawing No. 5615.022, and extent of any individual phases have been marked out on the ground using coloured marker posts at 10 metre intervals. The marker posts shall be retained on site for the duration of the development hereby permitted and no operations hereby permitted shall take place outside these defined limits.
Reason: To define the limits of the permission and to enable the Local Planning Authority to monitor compliance with other planning conditions. |
18)
Vehicle Movements:
The number of HGVs permitted to enter the site on any one working day shall not exceed a maximum of 100 loads (200 two-way movements). The operator shall maintain a record of all daily HGV movements throughout the duration of the development and, from the commencement of waste or material importation as notified under Condition 2, shall provide such data to the Local Planning Authority (LPA) on a quarterly basis using the quarter days of 1st January, 1st April, 1st July and 1st October. Such data shall be provided to the LPA within 1 month of the completion of the preceding quarter and within 7 days of any request from the LPA to do so for the period of operations specified in the request.
Reason: To restrict the number of HGV movements to that applied for in the interests of highway safety and to accord with MWLP Saved Policy GE23. |
19)
Environmental Protection:
No development hereby permitted shall take place unless and until a site specific Arboricultural Method Statement (AMS) incorporating a Tree Protection Plan has been submitted to and approved in writing by the Local Planning Authority. The AMS shall include details of:
Measures for the safeguarding of trees and shrubs throughout the operational period including root and crown protection of trees, shrubs and hedgerows;
A schedule of works to trees, shrubs and hedgerows; and
A schedule of specific events requiring input or arboricultural supervision, monitoring and compliance.
Thereafter, no development shall be carried out except in accordance with the approved AMS and approved protection measures for the operational life of the site.
Reason for Pre-commencement Condition: To safeguard the health of existing trees, shrubs and hedgerows to be retained on or adjacent to the site for the duration of site operations in the interests of visual amenity and to minimise impacts on ecological receptors in accordance with MWLP Saved Policies GE9, GE10 and GE13. The Local Planning Authority is satisfied that the timing of compliance is fundamental to the development permitted and that permission ought to be refused unless the condition is imposed in this form. |
20)
Prior to entry into any phase or sub-phase of the site an updated survey shall be carried out to establish the presence or otherwise of badgers. Such a survey shall be carried out by a suitably qualified ecologist and the results, including any necessary mitigation measures, shall be submitted to the Local Planning Authority for its written approval. In the event that such an updated survey identifies any badger sett, a suitably stand-off of at least 30m shall be observed at all times pending any grant of a licence by Natural England for it to be closed and removed. The development shall be carried out in accordance with the survey recommendations as may be approved.
Reason: In the interests of safeguarding protected species and to accord with MWLP Saved Policy GE13. |
21)
No felling or removal of limbs from any trees within any phase or sub-phase of the site shall take place unless and until an update assessment has been carried out in respect of their suitability for roosting bats. Such an assessment shall be carried out by a licensed bat ecologist and where bat roosting potential is identified, further bat roost surveys shall be carried out to establish the presence or otherwise of roosting bats prior to any works being carried out on the trees. Should these species be found to be present an appropriate compensation/mitigation strategy accompanied by a programme for its implementation shall have been submitted to the Local Planning Authority for its approval in writing before any such tree works commence. No development shall be carried out except in accordance with the strategy that may be approved.
Reason: In the interests of safeguarding protected species and to provide appropriate mitigation/compensation in compliance with Natural England's Standing Advice for Protected Species and to accord with MWLP Saved Policy GE13. |
22)
Prior to entry into any phase or sub-phase of the site update surveys for great crested newt shall be carried out by a suitably qualified ecologist to establish the presence or otherwise of the species. Should the presence of great crested newts be confirmed, no development shall take place except in accordance with an appropriate compensation / mitigation strategy accompanied by a programme for its implementation that has first been submitted to, and approved in writing by, the Local Planning Authority. Irrespective of the status of the great crested newt population at the commencement of the development, a fingertip search shall be conducted by a suitably qualified ecologist along the length of hedgerow to be removed adjacent to Eastern Way to identify any sheltering specimens or possible hibernation locations and reasonable avoidance methods as set out in paragraph 8.14 of the Ecological Assessment shall be followed.
Reason: In the interests of safeguarding protected species and to accord with MWLP Saved Policy GE13. |
23)
Prior to any waste or materials being imported to the site, a scheme for:
the establishment of replacement planting along the fence line to be erected along the site's northern boundary adjacent to Eastern Way; and
reinforcement planting to retained hedgerows along the external site boundaries
shall be submitted to, and approved in writing by, the Local Planning Authority. Such a scheme shall detail the location, spacing, species, sizes and method of planting along with a schedule of maintenance for a period of five years following its planting to ensure its successful establishment. Such replacement planting, which shall comprise native species ideally of local provenance, shall be carried out in accordance with the scheme as may be approved in the first available planting season following any such approval and, in the event that any specimens die, become damaged, diseased or are removed, replacement planting shall be carried out using similar specimens over the five year establishment period.
Reason: In the interests of visual amenity and to accord with MWLP Saved Policy GE9. |
24)
No operations involving the stripping, movement, storage or reinstatement of soils shall be carried out except in accordance with a Soil Handling scheme previously submitted to, and approved in writing by, the Local Planning Authority.
Reason: To provide for the satisfactory restoration of the site in accordance with MWLP Saved Policy GE26. |
25)
No topsoil or overburden shall be taken off site.
Reason: To provide for the satisfactory restoration of the site in accordance with MWLP Saved Policy GE26. |
26)
No materials other than uncontaminated soils, soil-making materials, clays, concrete, hardcore or other similar demolition waste or materials shall be imported to the site.
Reason: To prevent the possible risk of contamination of groundwater and to protect the amenities of neighbouring occupiers in accordance with MWLP Saved Polices and GE17 and GE18. |
27)
Site attributable noise (except for temporary operations), arising from operations subject to this permission, and in conjunction with operations subject to linked planning permission Plg Ref: CB/19/02297/MW, when measured at a height of 1.2m above ground level and 3.6m from the façade of any occupied residential property in the vicinity of the site, shall not exceed 55 dBLAeq (free-field) during any 60 minute period between 07:00 19:00 hrs Monday to Friday and 07:00 13:00 hrs on Saturdays.
Reason: To minimise any nuisance to nearby residents by reason of noise in accordance with MWLP Saved Policy GE18. |
28)
Site attributable noise arising from any temporary operations (soil stripping, bund formation and removal and final restoration) subject to this permission, and in conjunction with operations subject to linked planning permission Plg Ref: CB/19/02297/MW, when measured at a height of 1.2m above ground level and 3.6m from the façade of any occupied residential property in the vicinity of the site, shall not exceed 70 dBLAeq (free-field) during any 60 minute period between 08:00 18:00 hrs Monday to Friday and 08:00 13:00 hrs on Saturdays. Temporary operations shall not exceed a period of 8 weeks in any calendar year.
Reason: To minimise any nuisance to nearby residents by reason of noise in accordance with National Planning Policy Guidance and MWLP Saved Policy GE18. |
29)
No development hereby permitted shall take place unless and until a Noise Management Plan has been submitted to the Local Planning Authority for its approval in writing. The Noise Management Plan shall identify mitigation measures to control noise from activities and operations associated with this permission in conjunction with those associated with linked planning permission Plg Ref: CB/19/02297/MW. The Noise Management Plan shall include details of noise monitoring and reporting procedures to demonstrate compliance with the maximum permitted noise levels imposed at the noise monitoring locations identified in the submitted Noise Assessment; provide for the presentation of results to the Local Planning Authority; and set out procedures to be adopted in the event of the maximum permitted noise levels being exceeded including, where necessary, the introduction of additional mitigation measures. The site shall be operated in accordance with the Noise Management Plan as may be approved at all times thereafter for the duration of the development.
Reason for Pre-commencement Condition: To enable the impact of operational noise arising from the linked planning applications to be monitored and controlled and to enable mitigation measures to be devised and implemented so as to minimise nuisance to nearby residents by reason of noise in accordance with MWLP Saved Policy GE18. The Local Planning Authority is satisfied that the timing of compliance is fundamental to the development permitted to ensure suitable mitigation measures are in place in advance of the development commencing and that the permission ought to be refused unless the condition is imposed in this form. |
30)
No on-site plant, equipment or HGVs importing to the site shall use tonal reversing alarms.
Reason: To minimise noise disturbance to nearby residents and to accord with MWLP Saved Policy GE18. |
31)
The operator shall ensure that emissions of dust arising from the development hereby permitted are minimised by carrying out the development in accordance with the submitted Dust Management Plan, prepared by Stuart Michael Associates dated July 2019 (SMA Ref: 5615/DMP Version 01) or any amended version previously submitted to and approved in writing by the Local Planning Authority, and by observing good site management practice. Such measures shall include the regular and effective sweeping of areas of hardstanding and where necessary along Eastern Way; observing a 10mph speed restriction on internal haul roads and their damping down as necessary during periods of dry and windy weather in addition to the mitigation measures referred to in Section 4.0 of the Dust Management Plan.
Reason: To minimise disturbance to sensitive receptors in accordance with MWLP Saved Policy GE18. |
32)
No laden HGV associated with the use of the development hereby permitted shall enter the site unless it is sheeted or otherwise enclosed.
Reason: In the interests of highway safety and to minimise disturbance to sensitive receptors in accordance with MWLP Saved Policies GE23 and GE18. |
33)
No HGVs shall exit the site unless the hard-surfaced vehicular access road is at all times kept clear of mud, slurry, sand and debris so as to ensure that HGVs can exit the site on a clean swept roadway and preventing such materials from being deposited on the public highway.
Reason: In the interests of highway safety and to accord with MWLP Saved Policy GE18. |
34)
No waste or materials shall be delivered to the site unless and until details of the wheel cleaning facilities have been submitted to and approved in writing by the Local Planning Authority and subsequently installed and made available for use on site in accordance with the approved details in the location shown on Drawing No. C17011/D/404 'Proposed Access and Buildings'. Thereafter no HGV shall exit the site without having first used the wheel-cleaning facilities.
Reason: In the interests of highway safety and to accord with MWLP Saved Policy GE18. |
35)
No development shall take place on site unless and until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority based on the submitted Flood Risk Assessment and Drainage Strategy with full justification given to any revisions to the agreed strategy. The final detailed design including proposed standards of operation, construction, structural integrity and ongoing maintenance shall be compliant with the 'Non-statutory technical standards for sustainable drainage systems' (March 25, Ref: PB14308), 'Central Bedfordshire Sustainable Drainage Guidance' (Adopted April 2014, Updated May 2015), and recognised best practice including the CIRIA SuDS Manual (2016 C753). The scheme shall include details of how the system will be constructed including any phasing of the scheme, a timetable for its implementation and how it will be managed and maintained after completion. Thereafter the scheme shall be implemented in accordance with the final details as may be approved and shall be managed and maintained in accordance with the agreed management and maintenance plan.
Reason for Pre-commencement Condition: To ensure surface water drainage arrangements function to a satisfactory standard of operation and maintenance, prevent the possible contamination of groundwater, prevent the increased risk of flooding both on and off site in accordance with NPPF paragraph 163 and MWLP Saved Policies GE17 and GE19. The Local Planning Authority is satisfied that the timing of compliance is fundamental to the development permitted to prevent contamination or the risk of flooding and that the permission ought to be refused unless the condition is imposed in this form. |
36)
Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least the equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses shall be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund.
Reason: To protect the surrounding the area from pollution in accordance with MWLP Saved Policies GE17, GE19 and GE20. |
37)
Removal of Permitted Development Rights:
Notwithstanding the provisions of Part 7 Class L of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 as may be amended, express planning permission shall first be obtained before the erection, alteration or extension of any building, fixed plant or machinery.
Reason: To enable the Local Planning Authority to exercise control over any development within the site which could be detrimental to the amenities of the area within this part of the South Bedfordshire Green Belt in accordance with MWLP Saved Policies GE5, GE9 and GE18. |
38)
Restoration:
Prior to the importation of any waste or materials to the site a detailed restoration scheme showing, at a scale of 1:500, final restoration contours for the application site along with the land subject to Plg Ref. CB/19/02297/MW and depicting how these would marry into final contours associated with the wider Mundays Hill Quarry mineral extraction site subject to Plg Ref. CB/16/04588/MW and other adjoining land shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be in broad accordance with the details shown on the Concept Restoration Plan Drawing No. 1-74_201.C (Rev C) but shall additionally include:
Final restoration contours at 0.5m intervals with spot heights in both dwg. format as well as PDFs;
Except where necessary to retain for agricultural purposes, proposals for the removal of any buildings, structures, fixed plant and machinery, internal haul roads, fencing, car parks, areas of hardstanding, foundations, signage, marker posts etc and the satisfactory reinstatement of those areas including reinstating the site access and gates hereby permitted to provide an agricultural field access and agricultural field gate;
Location and specification of stockproof fencing and agricultural field gates;
Proposals for the final spreading of subsoils and topsoils;
Details of the number, size, location, spacing, species mix and methods of planting of the following:
Broadleaved woodland;
Wet woodland;
Shrub and hedgerow planting;
Hedgerow trees; and
Aquatic planting;
Method statements, including where relevant details of soils, soil amelioration treatments and seed mixes, for areas to be restored to agricultural land, water body and ephemeral ponds and profiles of any water body;
A method statement for the creation of the areas of lowland grassland mosaic habitat to establish a suitable substrate including details of seed mixes and the scope of any ameliorative treatments to ensure soils are suitable for their end purpose;
Standoff to ensure proposed planting does not impede upon the routeing of the proposed 'Webbs Way' footpath (as indicatively shown on the Concept Restoration Plan) with space provided adjacent to it to also allow for the potential future upgrade of this route to public bridleway status;
Final site drainage details; and
Details of restoration phasing and a timetable for its phased implementation.
The restoration of the site shall take place in accordance with the detailed final restoration scheme as may be approved.
Reason: To ensure the site is restored to a high standard in accordance with the NPPF, NPPW and MWLP Saved Policies GE5 and GE26. |
39)
Aftercare:
No waste or materials shall be deposited within Phase 2 of the site (as shown on Drawing No. C17011/D/400 Rev C 'Phase 2') unless and until an aftercare scheme and strategy for each phase or sub-phase of the site shall be submitted to and approved in writing by the Local Planning Authority. The aftercare scheme and strategy shall outline the steps to be taken, for a period of five years following the completion of approved final restoration works, and identify who will be responsible for taking those steps to ensure the site is brought back to its approved afteruse. The aftercare scheme shall include, but not necessarily be restricted to, details of the following:
Cultivations;
Weed Control;
Scrub control on semi-natural habitat;
Drainage arrangements;
Tree and shrub protection measures;
Measures to protect ecological habitats from potential use of fertilisers and pesticides;
Soil analysis;
Remedial treatments;
Irrigation;
Maintenance of fencing and gates;
An annual programme of management operations and tasks for any areas of agricultural land, woodland, wet woodland, wetland and lowland grassland mosaic;
Annual monitoring meetings;
Provision for a survey by a suitably qualified ecologist to be undertaken in Year 5 to assess the ecological interest of any part(s) of the site restored to semi-natural habitat, woodland and wet woodland, including their habitats, flora and fauna, in order to inform management practices for the extended period of aftercare secured by legal agreement; and
A report detailing the findings of the survey visit referred to in m) above, to be submitted to the Local Planning Authority at the end of Year 5.
Trees, shrubs, hedges and aquatic plants planted and seeding sown in accordance with the detailed final restoration plan as may be approved shall be maintained and any plants which within five years of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other specimens of a similar size and species to those originally planted.
Reason: To provide for the satisfactory aftercare of the site on accordance with MWLP Saved Policy GE27. |
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