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Conditions or Reasons for Planning Application - CB/20/02005/REG3
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) The development shall be carried out in accordance with the approved material details fpr the Health Hub and residential blocks as per the material schedule.

Reason: To control the appearance of the buildings in the interest of visual amenities of the locality, in accordance with Policy BE8 of the adopted Local Plan and the NPPF.
3) Prior to occupation, a 'lighting design strategy for biodiversity' shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

Reason: To ensure the development is ecologically sensitive in accordance with the National Planning Policy Framework.
4) No development shall take place until a method statement for the creation of new wildlife features such as hibernacula and the erection of bird/bat boxes in buildings/structures
and tree, hedgerow, shrub and wildflower planting/establishment has been submitted to and approved in writing by the local planning authority. The content of the method
statement shall 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;

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.
5) The development is to be delivered to the standards agreed in the Sustainability Statements and achieve minimum 10% carbon emission reduction through and reduce water usage in residential development to achieve the higher water efficeincy standard of 110l/p/d . Prior to occupation of the first building, a Verification Report is to be submitted to provide evidence that the agreed standards were achieved. Any changes to the agreed standards must be agreed with Local Planning Authority in writing.

Reason: in the interest of sustainability and climate change mitigation & adaptation as required by the NPPF and Local Plan policy BE8
6) No development hereby approved shall commence until a supplementary noise assessment has been undertaken, submitted to and approved in writing by the Local Planning Authority. The noise assessment shall identify all potential sources of noise likely to impact on the site, and assess them in accordance with relevant procedures and standards. The results will be reported in writing to the Local Planning Authority, and the report shall identify suitable measures to control noise impacts on future occupiers of the development. The development shall be carried out in accordance with the approved noise mitigation details prior to the first occupation of the permitted dwelling.

Reason: In order to provide an acceptable noise environment and level of amenity for future occupiers of the development. (Section 15, NPPF)
7) No development approved by this permission shall take place until a Phase 2 investigation report, as recommended by the previously submitted Soiltechnics Ltd report dated
February 2020 (Ref: STR4800-P02), 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 to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990
8) 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 to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990.
9) No development hereby approved shall commence until an air quality assessment has been undertaken, submitted to and approved in writing by the Local Planning Authority.
The air quality assessment shall consider all potential sources of air pollution generated both during construction and when it is operational and assess them in accordance with
relevant procedures and standards. The report shall identify suitable measures to mitigate air pollution generation to reduce emissions. Any proposed mitigation shall be carried out in accordance with the approved details.

Reason: To contribute to improving air quality and reducing exposure to air pollution. (Section 15, NPPF)
10) No development shall take place 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 dwelling(s) the fire hydrant(s) 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 7, NPPF)
11) 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).
12) No development above ground level shall take place until a landscaping scheme to include all soft landscaping and a scheme for landscape maintenance for a period of 5 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 dies 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 Policy BE8 of the adopted Local Plan and the NPPF.
13) Prior to development, 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 Tree Protection Plans contained in the Arboricultural Impact Assessment dated August 2020 by Geosphere Environmental Ltd.

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)
14) 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 Policy BE8 of the adopted Local Plan, the adopted Design Guide and the NPPF.
15) The grass berm and proposed planting as shown on dwg no. CVH-WWA-V0-XX-DR-L-0501 Rev. P05 shall be constructed and planted prior to commencement of above ground works and shall be retained thereafter. Throughout the course of development works, appropriate tree protection measures shall be implemented to protect the proposed planting.

Reason: To enable the planting to establish prior to occupation of the residential units in order to safeguard the amenity of future occupiers and the surrounding area. (Section 12, NPPF)
16) Notwithstanding the submitted details, prior to the commencement of above ground works full details of the materials to be used in the construction of the balconies on the residential blocks 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: In the interests of safeguarding the amenity of future occupiers and the surrounding area. (Section 12, NPPF)
17) Prior to occupation of the buildings hereby permitted the details of a waymarking scheme to direct pedestrians and cyclists through the proposed development and to and from key destinations in the local area shall be submitted to the Local Planning Authority for approval in writing. The scheme should include a plan showing the location of the signs, signage details including the posts to be used, along with details of installation methods. The approved waymarking scheme shall be implemented in accordance with the approved details and shall be installed prior to occupation of the buildings hereby permitted.

Reason: In the interests of encouraging sustainable transport modes. (Section 9, NPPF)
18) Prior to occupation of any part of the development hereby approved, a Car Parking Management Plan shall be submitted to and approved in writing by the local planning authority. The Plan shall include details of:
any proposed charges for parking;
management of electric vehicle charging facilities;
reserving of spaces for particular businesses / facilities / users (e.g. medical staff), if necessary;
how visits by coaches to the theatre, leisure centre or other facilities in the immediate area are to be accommodated, when needed;

The Plan should dovetail with the Travel Plan in terms of any parking spaces that may be reserved for car sharers only, the monitoring of parking demand and any associated
mitigation such as potential reallocation of resident spaces to more general use if they are underused.

Reason: In order to make best use of car parking and to avoid conflict between different users. (Section 9, NPPF)
19) Prior to commencement of above ground works, a Traffic Monitoring and Mitigation Strategy shall be submitted to and approved in writing. The Strategy shall identify:
the extent of the highway network to be monitored;
how the highway network shall be monitored, such as before- and after-opening surveys of traffic volumes, queues or journey times;
thresholds or indicators that, if met, require the design, testing, approval and implementation of an appropriate mitigation scheme.

Reason: To ensure the continuing safe and efficient operation of the local highway network. (Section 9, NPPF)
20) Prior to commencement of above ground works, a plan detailing proposed improvements for pedestrians along the access road, between Court Drive and the development, shall be submitted and approved in writing. The approved details shall be implemented prior to opening of any part of the development.

Reason: To ensure a high quality environment for pedestrians in the interest of encouraging occupiers and users of the development to walk. (Section 9, NPPF)
21) The development hereby approved shall not be occupied or brought into use until the Local Planning Authority has approved in writing a scheme for the provision of a coach parking space for a minimum of one coach to the front of the Dunstable Leisure Centre. The development shall not be occupied until these works have been completed in accordance with the Local Planning Authorities approval.

Reason: To ensure the loss of coach parking resulting from the development is mitigated against. (Section 9, NPPF)
22) A scheme for the provision and implementation of electric vehicle charging points across the site and including Grove Theatre Car Park shall be submitted and approved in writing prior to commencement of above ground works. The scheme shall include the following:
A minimum of 24 car parking spaces with active equipment for the charging of electric and ultra-low emission vehicles;
A minimum of 16 car parking spaces with passive equipment for the charging of electric and ultra-low emission vehicles;
Details of the proposed location of the parking bays and the location of the charging equipment;
Details of the split between residential and Health Hub use;
Details of the electrical wiring to accommodate the facilities for charging plug-in and other ultra-low-emission vehicles;
Timetable for implementation and management responsibilities for the equipment.

Reason: To assist with the transition to low-emission vehicles and in the interests of sustainability to accord with Section 2 of the NPPF.
23) A minimum of 20 cycle parking spaces shall be provided for each residential block (60 cycle spaces in total). Cycle parking numbers for the Health Hub shall be provided in accordance with the adopted standards. Cycle parking for both residential and non-residential parts of the development shall be provided in accordance with the details and recommendations contained within the Bedfordshire Cycle Parking Guidance and Annexes ('the adopted standards). 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 and users of the proposed development in the interests of encouraging the use of
sustainable modes of transport. (Section 9, NPPF)
24) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, or any amendments thereto, the parking provision on the site
shall not be used for any purpose, other than as parking provision unless permission has been granted by the Local Planning Authority on an application made for that 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)
25) The development shall not be occupied until updated residential and staff travel plans have been submitted to and approved in writing by the Council. Such travel plans should include details of:
Predicted travel to and from the site and targets to reduce car use both of a private vehicle and taxis/minicabs
Details of existing and proposed transport links, to include both pedestrian, cycle and public transport networks
Proposals and measures to minimise private car use and facilitate walking, cycling and use of public transport
Proposals to enhance accessibility for all users (including persons with a disability)
Timetable for implementation of measures designed to promote travel choice
Plans for monitoring and review, annually for a period of 5 years at which time the obligation will be reviewed by the planning authority
Details of provision of cycle parking in accordance with council guidelines
Details of marketing and publicity for sustainable modes of transport to include noticeboards at the Health Hub, information on the Health Hub website and site specific welcome packs for staff and residents. Welcome packs to include:
Walking, cycling, public transport and rights of way information. Site specific travel and transport information
Travel vouchers
Details of relevant pedestrian, cycle abd public transport routes to/from and within the site
Copies of relevant bus and rail timetables
Details of the appointment of a travel plan co-ordinator

Reason: To promote sustainable modes of travel and to reduce the potential impact of the development on the local highway network. (Section 9, NPPF)
26) No part of the development shall be occupied prior to implementation of those parts identified the Travel Plan as capable of being implemented prior to occupation. Those parts of the approved Travel Plan that are identified as being capable of implementation after occupation shall be implemented in accordance with an agreed timetable and shall continue to be implemented as long as any part of the development is occupied.

Reason: To promote sustainable modes of travel and to reduce the potential traffic impact of the development on the local highway network.(Section 9, NPPF)
27) The detailed drainage strategy as set out in the document Below Ground Drainage Strategy Report by Conisbee dated May 2020 (ref. 190204/K Trimmer) shall be implemented in full accordance with the details contained within 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 163 and 165 of the NPPF.
28) 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)
29) 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)
30) Prior to occupation a scheme for the provision of affordable housing as part of the development shall be submitted and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future national policy that replaces it. The scheme shall include:
i) The number, type and location on the site of the affordable housing provision to be made which shall consist of not less than 30% of the housing units.
ii) The timing of the construction of the affordable housing and its phasing in relation to the occupancy of any market housing;
iii) The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Housing Provider is involved;
iv) Details on the arrangements to ensure that the provision is affordable for both the initial and subsequent occupiers of the affordable housing; and
v) The occupancy criteria used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

Reason. To ensure the scheme provides adequate provision of affordable housing. (Section 5, NPPF).
31) No development shall commence on the application site until the replacement sports pitch at Creasey Park, Dunstable permitted by CB/20/01100/REG3 dated 23rd July 2020 has been implemented and is operational.

Reason: To ensure the replacement facilities are implemented. (Section 8, NPPF)
32) Prior to commencement of above ground works, a detailed scheme for the provision of raised pedestrian crossings on the road around the Health Hub shall be submitted and approved in writing by the Local Planning Authority. The pedestrian crossing shall accord with TAL 2/96 and shall be no higher than 75mm. The ramped plateau shall be a minimum length of 1.8m and the overall length of a minimum of 3 metres. The approved pedestrian crossings shall be implemented prior to occupation or before the scheme is brought into use and shall be retained thereafter.

Reason: In the interest of highway safety. (Section 9, NPPF)
33) Prior to commencement of above ground works, details of the provision of a 2 metre wide footway/cycleway from the development to Dog Kennel Walk shall be submitted to and approved in writing by the Local Planning Authority. The scheme should include alignment details, construction methods and details of proposed bound surfacing materials and lighting. The approved footway/cycleway shall be implemented in accordance with the approved details and shall be installed prior to occupation of the buildings hereby permitted.

Reason: In the interests of encouraging sustainable transport modes. (Section 9, NPPF)
34) Prior to occupation of the Health Hub, full details of the proposed planting for the cycle shelter green roof and a scheme for maintenance of the proposed green roof for a period of 5 years following the implementation of the cycle shelter shall be submitted to and approved in writing by the Local Planning Authority. The proposed cycle parking shelter shall be implemented in accordance with the submitted details and made available for use prior to occupation of the Health Hub and shall be retained thereafter.

Reason: In the interests of visual amenity. (Section 12, NPPF)
35) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers G9403/2 Rev 1, CVH-PPA-V0-00-DR-A-2002 Rev P01, CVH-PPA-V0-00-DR-A-2001 Rev P01, CVH-PPA-V1-XX-DR-A-2211 Rev P01,CVH-PPA-V2-XX-DR-A-2221 Rev P01, CVH-PPA-V1-XX-DR-A-2210 Rev P01, CVH-PPA-V2-XX-DR-A-2220 Rev P01, CVH-PPA-V3-XX-DR-A-2231 Rev P01, CVH-PPA-V3-XX-DR-A-2230 Rev P01, CVH-PPA-V4-AA-DR-A-2241 Rev P01, CVH-PPA-V4-XX-DR-A-2240 P01, CVH-WWA-V0-XX-DR-L-0100 P08, CVH-WWA-V0-DR-L-0501 Rev P05, CVH-WWA-V0-XX_DR-0502 Rev P01, CVH-WWA-V1-XX-DR-L-0108 Rev P02, CVH-WWA-V2-XX-DR-L-0219 Rev P02, CVH-WWA-V3-XX-DR-L-0110 Rev P02, CVH-WWA-V0-XX-DR-L-0401 Rev P06, CVH-WWA-V0-XX-DR-L-0112 Rev P07, CVH-WWA-V0-XX-DR-L-010 Rev P08, CVH-WWA-V0-DR-L-0100 Rev P13, CVH-PPA-V4-00-DR-A-2043, CVH-PPA-V4-02-DR-A-2040, CVH-PPA-V4-02-DR-A-2042, CVH-PPA-V4-01-DR-A-2041, CVH-PPA-V4-RF-DR-A-2044, CVH-PPA-V3-01-DR-A-2031, CVH-PPA-V3-00-DR-A-2030, CVH-PPA-V3-RF-DR-A-2032, CVH-PPA-V0-XX-DR-A-2165, CVH-PPA-V0-00-DR-A-2000, CVH-PPA-V0-XX-DR-A-2165, CVH-PPA-V0-XX-DR-A-2110, CVH-PPA-V0-XX-DR-A-2160, CVH-PPA-V0-XX-DR-A-2163, CVH-PPA-V0-XX-DR-2161, CVH-PPA-V0-XX-DR-A-2111, CVH-PPA-V0-XX-DR-A-2164, CVH-PPA-V2-RF-DR-A-2022, CVH-PPA-V2-01-DR-A-2021, CVH-PPA-VE-00-A-2010-V1, CVH-PPA-V2-00-DR-A-2020, CVH-PPA-V1-01-DR-A-2011 and CVH-PPA-V1-RF-DR-A-2012.

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


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