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Conditions or Reasons for Planning Application - CB/21/04325/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 hereby approved shall be constructed in the materials as shown on the approved plans unless agreed in writing by the Local Planning Authority.

Reason: To control the appearance of the building in the interests of the visual amenities of the locality.
(Section 12, NPPF)
3) The landscaping scheme and management plan hereby approved 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)
4) Before the buildings are first brought into use, an updated Travel Plan shall be prepared, submitted and approved by the Local Planning Authority. The plan shall contain details of:

a. plans for the establishment of a working group involving the School, parents and representatives of the local community
b. pupil travel patterns and barriers to sustainable travel
c. measures to encourage and promote sustainable travel and transport for journeys to and from school
d. an action plan detailing targets
e. a timetable for implementing appropriate measures and plans for annual monitoring and review
f. measures to manage the car parking on site
g. cycle parking
h. discussions (and if applicable an agreement) with Swallowfield School over staggered pupil start and finish times

All measures agreed therein shall be undertaken in accordance with the approved Plan. There shall be an annual review of the Travel Plan (for a period of 5 years from the date of approval) to monitor progress in meeting the targets for reducing car journeys generated by the proposal and this shall be submitted to and approved by the Local Planning Authority.

Reason:
In the interests of highway safety, to reduce congestion and to promote the use of sustainable modes of transport.
5) Prior to the use of the sports hall hereby approved, a community use agreement prepared in consultation with Sport England shall have been submitted to and approved in writing by the Local Planning Authority. The agreement shall apply to the sports hall and include details of pricing policy, hours of use, access by non-school users, management responsibilities and a mechanism for review.  The development shall not be used otherwise than in strict compliance with the approved agreement. 
Reason: To secure well managed safe community access to the sports facility/facilities, to ensure sufficient benefit to the development of sport and to accord with Policy EE13 of the Local Plan
6) Prior to the occupation of the Sports Hall hereby approved, a full technical specification for the proposed sports hall shall be submitted and approved in writing by the local planning authority, in consultation with Sport England. Only the approved specification shall be implemented

Reason: To ensure the facility meets Sport England technical requirements with regard to flooring, lighting, walls, storage etc.
7) Throughout the course of construction, all arboricultural precautions shall be taken in strict accordance with Section 6.6 "General Guidance" of the supporting document "Arboricultural Impact Assessment", dated 22nd July 2021 as prepared by agb Environmental Ltd.

REASON
To ensure that working methodology is in accordance with good arboricultural practice, so as to prevent damage to trees from any adverse effects that may be incurred from nearby construction activity.
8) The development shall not be brought into use until the junction of the proposed vehicular access with the highway and the widening of the existing access/junction radii has been constructed in accordance with the approved details including the provision of visibility splays measuring 2.4m x 25.0m, clear of all obstruction, have been implemented. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility.

Reason
To ensure the provision of appropriate access arrangements and associated off site highway works in the interest of highway safety
9) Any gates provided at the vehicular entrance shall open away from the highway and be set back a distance of at least 9.0m from the nearside kerbline.

Reason
To enable vehicles to draw clear of the carriageway before the gates are opened
10) Before the development is brought into use all on site vehicular areas shall be surfaced in a stable and durable materials in accordance with details to be approved in writing by the Local Planning Authority. Arrangements shall be made for surface water drainage from the site to soak away within the site so that it does not discharge into the highway or into the main drainage system.

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 reduce the risk of flooding and to minimise inconvenience to users of the premises and ensure satisfactory
parking of vehicles outside highway limits
11) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015, or any amendments thereto, the parking provision on the site, including the bus layby 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 and to avoid loss of manoeuvring areas within the site
12) Details of the entrance/exit and no entry signage at the accesses, including the location of the signs shall be submitted to and approved in writing by the local planning authority and the development shall not be brought into use until the signage has been implemented in accordance with the approved details

Reason
For the avoidance of doubt and to inform users of the highway and the site which access is which for the ease of traffic movement
13) Details of the electric charging points and passive charging points shall be submitted to and approved in writing by the local planning authority after which the approved details shall be implemented before the development is brought into use

Reason
For the avoidance of doubt and to provide charging for electric vehicles
14) The development hereby permitted shall not be occupied until the approved cycle scheme as shown on the submitted plans has been constructed and the scheme shall thereafter retained for this purpose.

Reason: To ensure the provision of cycle parking to meet the needs of occupiers of the proposed development in the interests of encouraging the use of sustainable modes of transport.
(NPPF)
15) Details of a 3.0m widened footpath within the school grounds taking access from Weathercock Lane and Burrows Close, including widened gate, surfacing and low level lighting and chicanes where required should be submitted to and approved in writing to the local planning authority and the approved details implemented prior to the development being brought into use

Reason
To provide a more accessible access for ease of use for pupils and cyclists and to promote sustainable means of transport
16) Prior to occupation of the proposed buildings, details of a scheme of the following highway improvements shall be submitted to and approved in writing by the local planning authority and the approved scheme of highway improvements implemented prior to the development being brought into use:

a) No stopping restrictions at the north side of Weathercock Lane junction with Station Road to the junction with Burrows Close that coincides with the start and end of the school day (inclusive of start and end of Swallowfield school day)
b) H bars at the informal pedestrian crossing points in the vicinity of the school
c) The single yellow line restriction on the opposite side of the school at Weathercock Lane altered to 'no stopping' with a time period that coincides with the start and end of the school day
d) No stopping restriction on the north side of Weathercock Lane on the raised table with Russell Street that coincides with the start and end of the school day
e) Removal of the bus stop road markings at the school frontage and guard rail
f) Provision of extended School Keep Clear lining adjacent to the school and new access including no stopping TRO signage Mon to Fri 8am to 4.30pm
g) Provision of pedestrian informal crossing point at and opposite the adjacent schools vehicular exit/access
h) Provision of pedestrian informal crossing point at and opposite the footway adjacent to no. 76 Weathercock Lane
i) Extension of the footway from the junction of Weathercock Lane along the south side of Burrows Close to join the existing footway, including the re-siting of the street sign and furniture
j) Provision of an extension to the existing footway provision on Burrows Close to the north of the existing lay-by to a new informal pedestrian drop kerbed crossing point with informal dropped kerb crossing point opposite where the existing footway turns north into Burrows Close
k) Provision of dropped kerb at the notice board at Burrows Close and opposite

In the event that the TROs proposed aren't progressed, a revised scheme to manage parking along the public highway shall be submitted to and approved in writing to the local planning authority, and thereafter implemented in accordance with the approved plans.

Reason
In the interest of road safety and pedestrian movement and to avoid obstruction of the free flow of traffic
17) No development approved by this permission shall take place until further Phase 2 investigations, as recommended by the previously submitted Geosphere Environmental Ltd report dated 9th November 2020 (Ref: 4694,GI/GROUND/EP,SG/09-11-20/V2), have been submitted to and approved in writing by the Local Planning Authority. Where found to be necessary by the additional phase 2 sampling 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.
18) Prior to the development hereby permitted being bought into use 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.
19) The development hereby approved shall be implemented strictly in accordance with the recommendations/measures stated in section 5.2.1 of the supporting document Preliminary Ecological Appraisal (PEA, Fulbrook Lower School, agb Environmental, P3569.2.2, Nov 2020).

Reason: To minimise the impacts of development on biodiversity, in accordance with Policy EE2: Enhancing Biodiversity, Policy EE3: Nature Conservation and paragraphs 174 and 180 of the NPPF.
20) No development shall take place until an Ecological Enhancement Strategy (EES) for the creation of new wildlife features such as the inclusion of integrated bird/bat and bee boxes in buildings/structures, hedgehog holes in fences and tree, hedgerow, shrub and wildflower planting/establishment has been submitted to and approved in writing by the local planning authority. The content 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;
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.
21) The development hereby permitted shall be undertaken in full accordance with the Council's 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)
22) No development shall take place until a Sustainability Statement demonstrating how the proposal accords with policy CC1 of the Central Bedfordshire Local Plan has been submitted in writing and approved by the Local Planning Authority. The development will then be constructed in accordance with the approved statement.
 
Reason: To ensure the development reduces the impact on climate change and carbon emissions (Policy CC1 of the Local Plan).
23) The proposal hereby approved shall be carried out in accordance with the details shown on the Flood Risk Assessment Document V1.0 dated 29th July 2021, unless approved in writing by the Local Planning Authority.
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 CBC Local policy CC3 to CC5 and NPPF Paras 159 to 169 Inclusive of
foot notes 54 to 56 and its supporting technical guidance.
24) The proposed external lighting shall be constructed as approved on plan number D41034/RD/E unless approved in writing by the Local Planning Authority.

Reason: To protect the residential amenity of neighbouring properties, the open countryside and highway safety.
(Section 12, NPPF)
25) No development shall take place (including any, ground works, site clearance) until an ecological Precautionary Method of Working (PMW) has been submitted to and approved in writing by the local planning authority.  The PMW shall be informed by the November 2020 Preliminary Ecological Appraisal and include the following;
Risk assessment of potentially damaging construction activities.
Identification of 'biodiversity protection zones'.
Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
The location and timing of sensitive works to avoid harm to biodiversity features.
The times during construction when specialist ecologists need to be present on site to oversee works.
Responsible persons and lines of communication.
The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
Use of protective fences, exclusion barriers and warning signs.

The approved PMW shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason
To ensure that ecological features are not harmed during the construction process.
26) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 119330-CDP-BA-00-DR-A-1003 P2, 119330-CDP-BA-00-DR-A-2003 P5, 119330-CDP-BA-01-DR-A-1003 P1, 119330-CDP-BA-02-DR-A-1003 P1, 119330-CDP-BB-00-DR-A-1003 P1, 119330-CDP-SB-00-DR-A-2003 P5, 119330-CDP-SB-R1-DR-A-2003 P3, 119330-CDP-SB-XX-DR-A-2004 P8, 119330-CDP-TB-00-DR-A-2003 P6, 119330-CDP-TB-R1-DR-A-2003 P4, 119330-CDP-TB-XX-DR-A-2004 P7, 119330-CDP-ZZ-00-DR-A-2002 P9, 119330-CDP-ZZ-00-DR-A-1002 P3, 119330-CDP-ZZ-01-DR-A-1002 P1, 119330-CDP-ZZ-02-DR-A-1002 P1, 119330-CDP-ZZ-R1-DR-A-2003 P4, 119330-CDP-ZZ-XX-DR-A-2001 P5, 119330-CDP-ZZ-XX-DR-L-2001 P10, 119330-CDP-ZZ-XX-DR-L-2002 P3, 119330-CDP-ZZ-XX-DR-L-2006 P3, 119330-CDP-ZZ-XX-DR-L-6001 P1, 119330-CDP-ZZ-XX-DR-L-2003 P1, D41034/RD/E, Flood Risk Assessment dated 29th July 2021, Landscape Management Plan V1.1 dated 01/07/21, agb Arbiocultural Impact Assessment P3569.1.1, and agb Preliminary Ecological Appraisal P3569.2.2.


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


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