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Conditions or Reasons for Planning Application - CB/19/03909/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 works above ground level, notwithstanding the details submitted with the application, shall be undertaken until details of the materials to be used for the external walls, roof and window materials associated with the development, hereby approved, shall be submitted to the Local Planning Authority for approval in writing. 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, in accordance with the NPPF.
3) Prior to occupation of any dwelling the details of any junction between the future diverted Vandyke Road and the old section of Vandyke Road shall be delivered in accordance with details of the approved drawing/or scheme to be submitted to and approved by the Local Planning Authority.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed estate road. (Section 9, NPPF)
4) No dwelling shall be occupied until a 2.5m wide footway/cycleway has been constructed on the south side of Vandyke Road along the frontage of the site and to the existing footway network to the south/west of the site in accordance with details of the approved drawing/or scheme to be submitted to and approved by the Local Planning Authority. Any Statutory Undertakers equipment or street furniture shall be resited to provide an unobstructed footway.

Reason: In the interests of road safety and pedestrian movement. (Section 9, NPPF)
5) No dwelling shall be occupied until a turning area suitable for a light goods vehicle by plot 1 (as shown on drawing number 41255/022G) within the confines of Vandyke Road has been delivered in accordance with details of the approved drawing/or scheme to be submitted to and approved by the Local Planning Authority.

Reason: To enable vehicles to draw off, park and turn outside the highway limits thereby avoiding the reversing of vehicles on to the highway.(Section 9, NPPF)
6) Visibility splays shall be provided at all private means of access from individual properties within the site onto the estate roads. This vision splay shall be provided on each side of the access drive and shall be 2.8m measured along the back edge of the new highway from the centre line of the anticipated vehicle path to a point 2.0m measured from the back edge of the footway into the site along the centre line of the anticipated vehicle path. The vision splay so described and on land under the dwelling occupier's control shall be maintained free of any obstruction to visibility exceeding a height of 600mm above the adjoining footway level.

Reason: To provide adequate visibility between the new estate road and the new individual accesses, and to make the accesses safe and convenient for the traffic which is likely to use them. (Section 9, NPPF)
7) Development shall not begin until details of the junctions between the proposed estate roads and the highway have been approved by the Local Planning Authority and no building shall be occupied until that junction has been constructed in accordance with the approved details.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed estate road.(Section 9, NPPF)
8) Before an access onto estate road is first brought into use, a triangular vision splay shall be provided on each side of the new access drive/point and shall be 2.8m measured along the back edge of the highway from the centre line of the anticipated vehicle path to a point 2.0m measured from the back edge of the footway into the site along the centre line of the anticipated vehicle path. The vision splay so described and on land under the applicant's control shall be maintained free of any obstruction to visibility exceeding a height of 600mm above the adjoining footway level.

Reason: To provide adequate visibility between the existing highway and the proposed accesses, and to make the accesses safe and convenient for the traffic which is likely to use them. (Section 9, NPPF)
9) No dwelling shall be occupied until all triangular vision splays are provided on each side of the all access on to the new road and shall measure 1.8m along the fence, wall, hedge or other means of definition of the front boundary of the site, and 1.8m measured into the site at right angles to the same line along the side of the new access drive. The vision splays so described shall be maintained free of any obstruction to visibility exceeding a height of 600mm above the adjoining footway level.

Reason: To provide adequate visibility between the existing highway and the proposed accesses, and to make the accesses safe and convenient for the traffic which is likely to use them. (Section 9, NPPF)
10) Before the new access is first brought into use, any existing access within the frontage of the land to be developed, not incorporated in the access hereby approved shall be closed in a manner to the Local Planning Authority's written approval.

Reason: In the interest of road safety and to reduce the number of points at which traffic will enter and leave the public highway.(Section 9, NPPF)
11) The maximum gradient of all vehicular accesses onto the estate roads shall be 10% (1 in 10).

Reason: In the interests of the safety of persons using the access and users of the highway. (Section 9, NPPF)
12) Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises. (Section 9, NPPF)
13) If the proposed road is not constructed to the full length and layout illustrated on the approved plan, a temporary turning space for vehicles shall be constructed within the site in
a position to be approved in writing by the Local Planning Authority before any building taking access from the road is occupied.

Reason: To avoid the need for vehicles to reverse into or from the highway in the interest of road safety. (Section 9, NPPF)
14) Prior to the commencement of works above ground level, a scheme for the parking of cycles on the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose.

Reason: To ensure the provision of adequate cycle parking to meet the needs of occupiers of the proposed development in the interests of encouraging the use of sustainable modes of transport. (Section 9, NPPF)
15) Prior to commencement of any above ground building works, details of electrical wiring to accommodate facilities for charging plug-in and other ultra low emission vehicles for dwellings 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: To ensure the development protects and exploits opportunities for the use of sustainable transport modes for the movement of people in accordance with section 4 of the National Planning Policy Framework.
16) No development shall take place above ground level until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of fire hydrants at the development. Prior to the first occupation of the dwellings the fire hydrants serving that development shall be installed as approved. Thereafter the fire hydrant(s) shall be retained as approved in perpetuity.

Reason: In the interests of fire safety and providing safe and accessible developments. (Section 12, NPPF)
17) Prior to the commencement of works above ground level, details of the surfacing materials for all hardstanding areas shall be submitted to the Local Planning Authority for approval in writing. The surface materials should be constructed in accordance with the approved details and retained thereafter.

Reason: To avoid extraneous material or surface water from the site into the highway so as to safeguard the interest of highway safety, in accordance with the adopted Design Guide and the NPPF.
18) No development above ground level shall take place until a landscaping scheme to include all soft landscaping and a scheme for landscape maintenance, including maintenance of the existing hedgerow that is to be retained in the communal areas, 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 (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, in accordance with the adopted Design Guide and the NPPF.
19) Prior to development (including demolition), and throughout the course of all development works, all tree protection practices, recommendations and mitigation measures are to be fully implemented in strict accordance with the Section 7 "Arboricultural Method Statement", Appendix D: Tree Protection Plan, all of which form part of the "British Standards 5838:2012 Tree Survey Report" prepared by RammSanderson Ecology Ltd, dated November 2019 (Ref: RSE_1928_01-V2).

Reason: To ensure that all required tree protection measures are fully implemented in order to secure the health, stability, screening and amenity value of trees marked for retention. (Section 12 and 15, NPPF)
20) No development above ground level shall take place until a scheme for protecting the proposed dwellings from road traffic noise has been submitted to and approved in writing by the local planning authority. None of the dwellings shall be occupied until such a scheme has been implemented in accordance with the approved details, and shown to be effective, and it shall be retained in accordance with those details thereafter.

Reason: In the interest of safeguarding the residential amenity of future occupiers. (Section 12, NPPF)
21) No above ground development approved by this permission shall take place until a Phase 2 site investigation has been undertaken and a detailed report of the findings submitted, in accordance with the recommendations of the GEA Desk Study Report dated October 2018 (Ref: J18191), has been submitted to and approved in writing by the Local Planning Authority. Where found to be necessary by the phase 2 report a remediation strategy to deal with the risks associated with contamination of the site shall also be submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall include an options appraisal 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 action.

Reason: To protect human health and the environment. (Section 15, NPPF)
22) Prior to any permitted dwelling being occupied a validation report shall be submitted and approved in writing by the Local Planning Authority to demonstrate the effectiveness of any agreed Remediation Strategy. Any such validation shall include responses to any unexpected contamination discovered during works.

Reason: To protect human health and the environment. (Section 15, NPPF)
23) No development shall commence until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment (Rev E: April 2020) and 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 for the 1 in 100 year event (+40% allowance for climate change) and a restriction in run-off rates to a maximum of 2.4l/s as outlined in the FRA. A detailed exceedance plan will be provided to demonstrate that system exceedance is managed appropriately with consideration of bunding along the southern site boundary to ensure that adjoining land is not adversely affected by exceedance flows. Details of the proposed pump and provision of a back up pump shall also be provided. Any revisions to the agreed strategy shall be fully justified and approved before the development is completed and shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan. Details of how the system will be constructed including any phasing of the scheme, and how it will be managed and maintained after completion will also be included.

The scheme shall be implemented in accordance with the approved final details before the development is completed, and shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

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 and 169 of the NPPF.
24) 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 that the approved surface water drainage scheme has been correctly and fully installed as per the final approved details.

Reason: To ensure that the implementation and long term operation of a sustainable drainage system (SuDS) is in line with what has been approved. (Section 14, NPPF)
25) No development shall take place until an Ecological Enhancement Strategy (EES) for the creation of new wildlife features including integrated bird/bat and bee boxes in buildings/structures, hedgehog holes in fences and walls and tree, hedgerow, shrub and wildflower planting/establishment has been submitted to and approved in writing by the local planning authority. The content shall be informed by an up to date Ecological Appraisal of the site and include the:
a) purpose and objectives for the proposed works;
b) detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used);
c) extent and location of proposed works shown on appropriate scale maps and plans;
d) timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;
e) persons responsible for implementing the works;
f) details of initial aftercare and long-term maintenance.
The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To ensure development is ecologically sensitive and secures biodiversity enhancements in accordance with the National Planning Policy Framework.
26) The development must achieve the higher water efficiency standard of 110 litres per person per day and a minimum of 10% improvement over the Building Regulations through a fabric first approach and/or installation of renewable energy technologies. These details are required prior to occupation of the dwellings.

Reason: In order to ensure sustainability of the development and to minimise development's impact on climate change, in accordance with the NPPF.
27) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), the carports on the site shall not be used for any purpose, other than as car parking accommodation, unless permission has been granted by the Local Planning Authority on an application made forthat purpose.

Reason: To retain off-street parking provision and thereby minimise the potential for on-street parking which could adversely affect the convenience of road users. (Section 9, NPPF)
28) Notwithstanding the provisions of Part 1, Class A of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions to the building(s) hereby permitted shall be carried out without the grant of further specific planning permission from the Local Planning Authority.

Reason: In the interest of safeguarding residential amenity. (Section 12, NPPF)
29) Notwithstanding the provisions of Part 1 Class E of Schedule 2 to the Town and Country (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no buildings or other structures shall be erected or constructed within the curtilage of the property without the grant of further specific planning permission from the Local Planning Authority.

Reason: In the interest of safeguarding residential amenity. (Section 12, NPPF)
30) No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's organisational licence (WML-OR24-2020-1) and with the proposals detailed on NatureSpace Partnership Limited plan 'The Brambles, Vandyke Road: Impact plan for great crested newt district licensing', dated 26th August 2020.

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-OR24-2020-1.
31) No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR24-2020-1), 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 for approval prior to the commencement of the development hereby approved.

Reason: In order to adequately compensate for negative impacts to great crested newts.
32) Prior to the commencement of works above ground level, details of any proposed lighting shall be submitted to the Local Planning Authority for approval in writing. The details shall be provided in full, and in accordance with the approved details, prior to the first occupation of the development.

Reason: In the interests of high quality design, in accordance with the NPPF.
33) Prior to the occupation of any dwelling on the site, a scheme for the provision of waste receptacles for each dwelling shall be submitted to and agreed in writing by the Local Planning Authority. The receptacles shall be provided before occupation takes place.

Reason: In the interest of residential amenity and to reduce waste generation in accordance with the Councils's Minerals and Waste Local Plan 2014, Policy WSP5 and the adopted SPD "Managing Waste in New Developments" (2006).
34) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 41255 003 (Site location), 41255 009 Rev AA (Site Layout), 41255 012 Rev F (Street Scenes), 41255 018 Rev G (AA House type), 4122 019(AAAB1 House Type), 41255 020 (B1 LW House Type), 41255 021 (B1 RW House Type), 41255 022 Rev G (Boundary Treatment Plan), 41255 026 Rev D (F1B2F1 House Type), 41255 028 Rev C (Flat Block 1), 41255 030 Rev C (F2B2B2F2 House Type), 41255 032 (Flat Block 2), RSE01928-TPP Rev C2 (Tree Protection Plan), 127-TA-10 Rev A (Access Design- Existing Highway Arrangement) and 127-TA11 Rev A (Access Design - Proposed Highway Arrangement),

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


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