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Conditions or Reasons for Planning Application - CB/19/02397/FULL
Conditions or Reasons:
1) The development hereby permitted shall begin not later than three 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) No above ground works shall take place until samples of the materials to be used in the construction of the external surfaces and boundary treatment of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: To control the appearance of the building in the interests of the visual amenities of the locality.
(Section 12, NPPF)
3) No development shall take place until full details of mitigation, conservation and/or enhancement measures for locally important species have been submitted to and approved in writing by the Local Planning Authority. These measures shall include

mechanisms to enhance identified wildlife habitats through the development process.

The works shall be implemented in accordance with the approved details.

Reason: To ensure all impacts from development are taken into account and mitigated.
(Section 15, NPPF)
4) No development shall take place until a landscaping scheme to include all hard and soft landscaping and a scheme for landscape maintenance for a period of five years following the implementation of the landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented by the end of the full planting season immediately following the completion and/or first use of any separate part of the development (a full planting season means the period from October to March). The trees, shrubs and grass shall subsequently be maintained in accordance with the approved landscape maintenance scheme and any which die or are destroyed during this period shall be replaced during the next planting season.

Reason: To ensure an acceptable standard of landscaping.
(Sections 12 & 15, NPPF)
5) The development hereby permitted shall not be occupied or brought into use until the details of any external lighting to be installed on the site, including the design of the lighting unit, any supporting structure and the extent of the area to be illuminated, have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details.

Reason: To protect the visual amenity of the site and its surrounding area.
(Section 12, NPPF)
6) No equipment, machinery or materials shall be brought on to the site for the purposes of development until details of substantial protective fencing for the protection of any retained tree(s), has been submitted to and approved in writing by the Local Planning Authority and the fencing has been erected in the positions shown on an approve plan. The approved fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made.

Reason: To protect the trees so enclosed in accordance with Section 8 of BS 5837 of 2012 or as may be subsequently amended.
Required to be pre-commencement to ensure the long term protection of the existing trees on and adjacent ot the site.
(Sections 12 & 15, NPPF)
7) Before the development is first brought into use, a Delivery & Servicing Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include the following:

a) confirmation of the location of loading and unloading for deliveries and waste collection;
b) the hours of loading and unloading;
c) the frequency and size of vehicles used for deliveries and waste collection;
d) routing, including confirmation of swept paths;
e) opportunities for consolidation of deliveries;
f) control measures (e.g. low / zero emission vehicles, direct vision vehicles, FORS accreditation etc.); and waste management, temporary storage, transfer and servicing arrangements.

Reason: In the interest of residential amenity.
8) No part of the development hereby permitted shall be occupied until Technical Approval has been secured from the Highways Agreement Officer (via Section 278) for the proposed access works, this shall include (not limited to) a block paved raised at grade ramp into the store access for pedestrians and they have been constructed in accordance with the approved details.

Reason: In order to provide safe and efficient access to the site and to minimise danger, obstruction and inconvenience to users of the highway.
9) Visibility splays shall be provided at the junction of the access with the public highway before the development is brought into use. The minimum dimensions to provide the required splay lines shall be 2.4m measured along the centre line of the proposed access from its junction with the channel of the public highway and 43m measured from the centre line of the proposed access along the line of the channel of the public highway. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility.

Reason : To provide adequate visibility between the existing highway and the proposed access, and to make the access safe and convenient for the traffic which is likely to use it.
10) The car parking and turning areas as shown on drawing number 1710-CHE-110 Revision F 'Proposed Site Plan' shall be constructed, marked out and made available for use prior to the food retail store hereby permitted being brought into first use. Thereafter, those areas shall be retained as such in perpetuity.

Reason: To avoid the carriage of mud or other extraneous material or surface water from the site so as to safeguard the interest of highway safety and to minimise inconvenience to users of the premises and ensure acceptable parking of vehicles outside highway limits.
11) Prior to commencement of any above ground building work a scheme for electric vehicle rapid charging facilities and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and the charging points shall remain open to use by all customers of the development, hereby approved.

Reason: To promote sustainability and help to protect local air quality. (Section 15, NPPF)
12) The cycle parking shown on drawing number 1710-CHE-110 Revision F 'Proposed Site Plan' shall be constructed and made available for use prior to the food retail store hereby permitted being brought into first use. Thereafter, the cycle parking shall be retained as such in perpetuity

Reason: To ensure the provision of adequate cycle parking to meet the needs of users of the proposed development in the interests of encouraging the use of sustainable modes of transport.
13) The use of the development hereby approved shall not commence until a Travel Plan, have been submitted to and approved in writing by the local planning authority. All measures within the approved travel plan shall be undertaken in full accordance with the approved plan or any update to the plan which has been formally approved by the Highway Authority thereafter.

Reason: In the interests of highway safety, to reduce congestion and to promote the use of sustainable modes of transport.
14) No above ground works shall commence on site until a Public Art Plan is submitted to and approved in writing by the Local Planning Authority. Installation of Public Art shall be completed on site prior to occupation and commencement of retail operations. The Public Art Plan shall be implemented in full and as approved unless otherwise amended in accordance with a review to be agreed in writing by the Local Planning Authority.

Reason: To secure high quality development, enhancing local distinctiveness and sense of place.
15) The development hereby permitted shall be used as a Limited Assortment Discounter and for no other purpose (including any other purpose within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any other provision equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification)).

Reason: As the need for the development is related to the local need for a discounter supermarket.
16) There shall be no subdivision of the retail unit hereby permitted, and no insertion of mezzanine floors, without the prior written approval of the Local Planning Authority.

Reason: For the avoidance of doubt
17) The development hereby permitted shall comprise a maximum 1,917 square metres (sqm) Gross Internal Area of which no more than 1,315 sqm shall be the total net sales floorspace, of which up to 70% shall be used for the sale of convenience goods and no more than 30% shall be used for the sale of comparison goods.

Reason: To define the permission
18) The car parking and servicing areas shown on drawing number 1710-CHE-110 Revision F 'Proposed Site Plan' shall be made available for the parking, turning, loading and unloading of all delivery/service vehicles to the food retail store prior to it being brought into first use. Thereafter, that area shall be kept clear solely for the purposes of the parking, turning, loading and unloading of all delivery/service vehicles in connection with the retail food store in perpetuity.

Reason: In the interest of highway safety
19) No development shall take place until the detailed design and associated management and maintenance plan for the proposed surface water drainage for the site, based on sustainable drainage principles and a detailed and site specific assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include provision of attenuation and a restriction in run-off rates as outlined in the Indicative Drainage Layout (3787-301-300-G) and Drainage Note (3787 301). The approved drainage system shall then be implemented in accordance with the approved detailed design and shall be managed and maintained thereafter. The scheme to be provided shall include, at a minimum:

Full calculations detailing the existing surface water runoff rates for the 1 year, 30 year, 100 year and 100 year plus climate change;
Full results of the proposed drainage system modelling in the above-referenced storm events (as well as 1% AEP plus climate change) , inclusive of all collection, conveyance, storage, flow control and disposal elements and including an allowance for urban creep, together with an assessment of system performance;
Detailed plans and drawings showing the proposed drainage system in its entirety, including location, pipe run reference numbers, dimensions, gradients and levels (in metres above Ordinance Datum). This shall include all elements of the system proposed, including source control, storage, flow and pollution control etc.;
Details of flow control measures to be used, demonstrating that runoff rate and volume will not the agreed post-development discharge rate. For a pump based solution, the residual risk of flooding due to the failure of the pumps will be fully considered and the flood level determined under the following criteria: the pumps were to fail, the attenuation storage was 50% full, and a design storm occurred;
Full calculations of the attenuation storage volume required including allowances for climate change, based on the simulated rainfall runoff and the agreed post-development discharge rates;
Flooded areas for the 1 in 100 year storm when system is at capacity, demonstrating flow paths for design for exceedance and any additional measures required to protect people/property;
Measures taken to prevent pollution of the receiving network and evidence the downstream system is of sufficient condition/capacity to receive flow;
Integration of sustainable drainage components with wider site objectives, including water quality treatment, amenity, biodiversity and amenity;
Details of the structural integrity, proposed construction of the system, and any phasing of works;
Full details of the maintenance and/or adoption proposals for the entire drainage system, including all elements listed above, and any proposed split of the surface water management system and/or maintenance responsibilities between private (i.e. within curtilage) and public (i.e. in public open space and/or highway).

Reason: To ensure the approved system will function to a satisfactory minimum standard of operation and maintenance and prevent the increased risk of flooding both on and off site, in accordance with para 167 of the NPPF and its supporting technical guidance. This is required to be pre-commencement as the drainage strategy is intrinsic in the early design strategy.
20) No building shall be occupied until the developer has formally submitted in writing to the Local Planning Authority a finalised 'Maintenance and Management Plan' for the entire surface water drainage system, inclusive of any adoption arrangements and/or private ownership or responsibilities, and a 'Verification Report' that the approved surface water drainage scheme has been correctly and fully installed as per the final approved details and the final as built drawings. Maintenance will ensure the system functions as designed for the lifetime of the development.

Reason: To ensure that the implementation and long-term operation of a sustainable drainage system (SUDS) is in line with what has been approved and in accordance with Written Statement HCWS161.
21) The premises shall only be open to customers between the hours of 8 am to 10 pm Mondays to Saturday, 10 am to 6 pm on Sundays and Bank Holidays.

Reason: To safeguard the residential amenity which the occupiers of neighbouring properties might reasonably expect to enjoy.
(Section 12, NPPF)
22) The development hereby permitted shall be undertaken in full accordance with the Councils adopted Environmental Code of Practice https://www.centralbedfordshire.gov.uk/info/44/planning/674/codes_of_practice_for_planning/3

Reason: In order to minimise the impact of development on existing trees, landscape features and biodiversity (Section 15, NPPF)
23) The development hereby permitted shall be undertaken in full accordance with the Councils adopted Construction Code of Practice for Developers and Contractors https://www.centralbedfordshire.gov.uk/info/44/planning/674/codes_of_practice_for_planning.

Reason: In order to minimise the impact of construction work on the amenities of nearby residential properties (Section 12, NPPF)
24) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 171-CHE-100A (site plan), 1710-CHE-100B (site with levels) V1710-L01F (landscape), 3787-301-300 Rev G (drainage), 1710-CHE-110F (layout), 1710-CHE-109B (elevations), 1710-CHE-107B (floor plans), 1710-CHE-101A (existing site plan), 1710-CHW-105A (roof plan).1710-CHE-111 (bin cage detail), 1710-CHE-112 (waste and recycling store).

Reason: To identify the approved plan/s and to avoid doubt.


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