| Conditions or Reasons: | 1)
Application for approval of the reserved matters for each phase of the development shall be made to the local planning authority not later than three years from the date of this permission.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
2)
Details of the layout, scale, appearance and landscaping, including boundary treatments (hereinafter called "the reserved matters") for each phase shall be submitted to and approved in writing by the local planning authority before commencement of any development of the relevant phase and the development of each phase shall be carried out as approved.
Reason: To comply with Article 3 of the Town and Country Planning (Development Management Procedure) Order 2015 (as amended). |
3)
The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
4)
No building shall be occupied until the scheme of highway works (comprising four site access arrangements, a 3.0m wide shared footway / cycleway with 500mm margin, cycle
enhancements in the vicinity of the roundabout with Coverdale, new and relocated bus stops and two toucan crossings), as shown indicatively on plan refs 70067078-GA-006 Revision F, 70067078-GA-007 Revision F and 70067078-SK-013 Revision C, has been constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic. In the event that the development consented under application ref.21/05254/OUT has been completed, then the applicant shall provide the island in proximity to the southern bus stop (for northbound services) as a pedestrian refuge rather than as a traffic island. (See Notes to the Applicant).
Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed development accesses, and to encourage sustainable modes of travel, in accordance with Policy HQ1 of the adopted Local Plan, the endorsed Development Brief and the NPPF. |
5)
Details of the siting and layout of bus stop infrastructure, to include shelters and real time passenger information, for the bus stops identified in the scheme of highway works that are the subject to Condition 4, shall be submitted to the local planning authority for approval in writing prior to the commencement of works above ground level. The shelters and real time information shall be provided in accordance with Central Bedfordshire's bus stop specifications prior to first use of any buildings.
Reason: In the interest of pedestrian and cyclist safety and convenience, and the encouragement of public transport use by occupiers of the proposed development, in accordance with Policy HQ1 of the adopted Local Plan, the endorsed Development Brief and the NPPF. |
6)
Junction visibility splays shall be provided at the vehicular site access junctions with the public highway before the development is brought into use. The minimum dimensions to
provide the required splay lines shall be 4.5m measured along the centre line of each proposed access from its junction with the channel of the public highway, and 120m
measured from the centre line of each 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 highway and the proposed accesses, and to make the access safe and convenient for the traffic which is likely to use them, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
7)
Driver-pedestrian/cycle intervisibility shall be provided at the proposed pedestrian / cycle crossings along Luton Road before the development is brought into use. The minimum dimensions to provide the required splay lines shall be 2.0m along the centre line of each crossing from the channel of the public highway, and 120m measured from the centre line of each crossing along 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: In the interest of pedestrian and cycle safety, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
8)
As part of any reserved matters application, the applicant shall submit for review and approval by the LPA a technical note demonstrating whether the northernmost and southernmost simple priority junctions would be used by more than 300 two-way vehicles AADT each. No development affecting use of the junctions in question shall commence until the technical note has been reviewed and approved by the LPA.
Reason: In the interests of highways safety, in the context of the Design Manual for Roads & Bridges, Policy HQ1 of the adopted Local Plan and the NPPF |
9)
Prior to completion of the development hereby permitted, and in the event that the M1-A6 Link Road has not been completed and opened to traffic, the highway scheme as shown indicatively on plan ref 70067078-SK-014 Revision B shall be constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic.
Reason: To mitigate the impacts of the development on the operation of the local highway network, in accordance with Policies HQ1 and SA1 of the adopted Local Plan and the NPPF. |
10)
Any gates provided shall open away from the highway and be set back a distance of at least 17m from the public highway (including footway / cycleways).
Reason: To enable vehicles to draw off the highway before the gates are opened, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
11)
The maximum gradient of the site accesses shall be 4% (1 in 25) for the first 15m measured into the site from the nearside channel of the public highway.
Reason: In the interests of the safety of persons using the access and users of the highway, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
12)
No development shall take place, including any works of demolition, until a Construction Traffic Management Plan, associated with the development of the site, has been submitted and approved in writing by the Local Planning Authority which will include information on the following, as may be relevant to this site:
The parking of vehicles
Loading and unloading of plant and materials used in the development
Storage of plant and materials used in the development
The erection and maintenance of security hoarding / scaffolding affecting the highway if required.
Wheel washing facilities
Measures on site to control the deposition of dirt / mud on surrounding roads during the development.
Footpath/footway/cycleway or road closures needed during the development period
Traffic management needed during the development period.
Times, routes and means of access and egress for construction traffic and delivery vehicles (including the import of materials and the removal of waste from the site) during the development of the site.
details of escorts for abnormal loads;
temporary removal and replacement of highway infrastructure and street furniture;
the reinstatement of any signs, verges or other items displaced by construction traffic; and
banksman and escort details.
The approved Construction Management Plan associated with the development of the site shall be adhered to throughout the development process.
Reason: In the interests of neighbouring amenity and highways safety, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
13)
As part of any relevant future applications for reserved matters for each phase, there shall be submitted details of the existing and final ground, ridge and slab levels of the development hereby approved. Such details shall include sections through both the site and the adjoining land. Thereafter the site shall be developed in accordance with the approved details.
Reason: To ensure that an acceptable relationship results between the new development and adjacent buildings and public areas in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
14)
As part of any future reserved matters application for a relevant development phase, details of charging plug-in points and other ultra low emission vehicles shall be submitted. The details shall indicate where visitor parking may contain such charging facilities. The development shall be carried out in accordance with the approved details prior to the first occupation of the development.
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 and the Electric Vehicle Charging: Guidance for New Developments SPD (2022). |
15)
No development shall take place above ground level within a phase until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of fire hydrants to be installed within the relevant phase of development. Prior to the first use of the phase the fire hydrants serving that phase of development shall be installed as approved. Thereafter the fire hydrants shall be retained as approved during the lifetime of the development.
Reason: In order to ensure appropriate access to fire hydrants for use in the event of emergency in accordance with Policy HQ1 of the adopted Local Plan and Section 12 of the NPPF |
16)
As part of any Reserved Matters submission for each phase of built development, a Sustainability Statement confirming details of how energy generation by renewable sources will be maximised, and a reduction in carbon emissions by a minimum of 10% based on emission rates determined by Part L, Conservation of fuel and power: Dwellings (2021 Edition) of the Building Regulations as applicable at the time of the application, shall be submitted to the local planning authority for approval in writing. The development shall be constructed in accordance with the approved details
Reason: In the interests of sustainability, in accordance with Policy HQ1,CC1 of the adopted Local Plan and the NPPF. |
17)
No development shall commence within each phase until a detailed surface water drainage scheme, to manage surface water runoff from the development for up to and including the 1 in 100 year event (+30%CC), and a maintenance and management plan for the scheme has been submitted to and approved in writing by the LPA. The discharge will be via a water authority sewer and the rate from the development will be limited to that agreed by the receiving water authority. The final detailed design shall be based on the agreed FRA (Ref: WSP, 67078 FRA 002, May 2022) and DEFRAs Non-statutory technical standards for sustainable drainage systems (March 2015) and shall be implemented and maintained as approved. Maintenance will ensure the system functions as designed for the lifetime of the development. Any variation to the connections and controls indicated on the approved drawing which may be necessary at the time of construction would require the resubmission of those details to the LPA for approval.
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 159to 169 inclusive to foot notes 54 to 56 and its supporting technical guidance. |
18)
No building within each phase shall be occupied until the developer has formally submitted in writing to the LPA a finalised 'Maintenance and Management Plan' for the relevant 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, in accordance with Written Statement HCWS161, 18th December 2014. |
19)
Prior to the first use of the development within each phase an updated Framework Travel Plan (based on previously submitted Travel Plan [70067078/001 Rev 3] shall be submitted to the Local Planning Authority for approval in writing. The Travel Plan shall include details of:
Joint working with other local employers and shared travel plan activities across the local industrial area.
Predicted travel to and from the site and targets to reduce car use for both visitors and staff.
Details of existing and proposed transport links, to include links to both pedestrian, cycle and public transport networks.
Proposals and measures to minimise private car use and facilitate walking, cycling and use of public transport.
Timetable for implementation of measures designed to promote travel choice.
Plans for monitoring and review within 6 months of occupation and then 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 Central Bedfordshire guidelines.
Details of site-specific marketing and publicity information, to include:
Site specific travel and transport information
Incentives for sustainable travel
Details of relevant pedestrian, cycle and 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
An Action Plan listing the measures to be implemented and timescales for this
Details of the transfer of the Travel Plan obligation to the future occupier
No part of the development shall be occupied prior to implementation of those parts identified in 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, in accordance with the NPPF. |
20)
Plant, equipment and activities operated or undertaken within the approved development will comply with noise limits applicable at locations GR 554480, 224891 and GR 504485, 224930 (the development site side of the boundary with 1 and 3 Tythe Farm Cottages respectively). Compliance with the noise limits will be determined in accordance with BS 4142:2014+A1:2019. The limits are rating levels of 55 dB LAr,1hr during the daytime (07:00-23:00) and 48 dB LAr,15min during the night-time (23:00-07:00)
Reason: To protect human health and to ensure that no future investigation is required under Part 2A of the Environmental Act 1990 and the NPPF. |
21)
No development approved by this permission shall take place until a further Phase 2 investigation report is provided for each phase of development, as recommended by the previously submitted WSP Ltd report dated May 2021 (Ref: 70067078-GW2-REV.1), 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 and the NPPF. |
22)
Prior to any permitted development being occupied, a validation report for each phase of development shall be submitted and approved in writing by the Local Planning Authority to demonstrate the effectiveness of any agreed Remediation Strategy as detailed in condition 12. 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 and the NPPF. |
23)
All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (WSP, August 2021), Hedgerow Survey Report (WSP, May 2022), and the Bat Survey Report (WSP, May 2022) as submitted with the planning application.
Reason: To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the Natural Environment and Rural Communities Act 2006 (Priority habitats & species), and in accordance with the NPPF |
24)
A Farmland Bird Mitigation Strategy shall be submitted to the Local Planning Authority for approval in writing prior to the commencement of the development. The strategy shall compensate the loss or displacement of any Farmland Bird territories identified as lost or displaced. The content of the Farmland Bird Mitigation Strategy shall include the following:
a) Purpose and conservation objectives for the proposed compensation measure e.g. Skylark nest plots;
b) detailed methodology for the compensation measures e.g. Skylark nest plots must follow Agri-Environment Scheme option: 'AB4 Skylark Plots';
c) locations of the compensation measures by appropriate maps and/or plans;
d) details of the persons responsible for implementing the compensation measure.
The Farmland Bird Mitigation Strategy shall be implemented in accordance with the approved details and all features shall be retained for a minimum period of 10 years.
Reason: To allow the LPA to discharge its duties under the NERC Act 2006 (Priority habitats & species), in accordance with the NPPF and the adopted Local Plan. |
25)
A Biodiversity Net Gain Design Stage Report, in line with Table 2 of CIEEM Biodiversity Net Gain report and audit templates (Version 1, July 2021), shall be submitted to the local planning authority prior to the commencement of the development for approval in writing. The report shall detail the provision of a minimum of 10% measurable biodiversity net gain, using the DEFRA Biodiversity Metric. The content of the Biodiversity Net Gain report should include the following:
Baseline data collection and assessment of current conditions on site;
A commitment to measures in line with the Mitigation Hierarchy and evidence of how BNG Principles have been applied to maximise benefits to biodiversity;
Provision of the full BNG calculations, with detailed justifications for the choice of habitat types, distinctiveness and condition, connectivity and ecological functionality;
Details of the implementation measures and management of proposals;
Details of any off-site provision to be secured by a planning obligation; and
Details of the monitoring and auditing measures.
The proposed biodiversity net gain measures shall be implemented, monitored and audited in accordance with the approved details.
Reasons: In order to demonstrate measurable net gains and allow the LPA to discharge its duties under the NPPF (2021) |
26)
If reserved matters are submitted 18 months from the date of the planning consent, the approved ecological mitigation measures as detailed in condition 14 shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to:
establish if there have been any changes in the presence and/or abundance of protected and Priority species and
identify any likely new ecological impacts that might arise from any changes.
Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of development. All mitigation and enhancement measures and/or works will then be carried out in accordance with the amended and updated approved ecological measures and timetable.
Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species). |
27)
In the event that the site is developed in more than one phase, a Phasing Plan shall be submitted to the Local Planning Authority, for approval in writing prior to the commencement of development. The Phasing Plan shall include details of the built development to be implemented within each phase of the development. The development shall be implemented in accordance with the approved details.
Reason: To ensure the satisfactory phasing of the development, in accordance Policy HQ1 of the adopted Local Plan and the NPPF. |
28)
No development hereby permitted shall take place until a scheme for dust suppression to protect nearby properties has been submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved scheme.
Reason: To ensure that the impact of the development on the environment is satisfactorily controlled, in accordance with Policy CC8 of the adopted Local Plan, and Section 12 of the NPPF. |
29)
The height of the proposed development shall not exceed 18.4 metres in height.
Reason: To reduce the impact to the character of the area and to be consistent with the approved parameter plan, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF. |
30)
As part of any relevant future applications for reserved matters for each phase, there shall be submitted details of the proposed external lighting. Thereafter the site shall be developed in accordance with the approved details.
Reason: To ensure that an acceptable relationship results between the new development and adjacent buildings and public areas in accordance with Policy HQ1 of the adopted Local Plan and the NPPF |
31)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), the site shall be used for the uses set out below and for no other purpose. The floorspace of all uses combined will not exceed 34,351 square metres.
Class E(g) Office
Class B2 General Industrial
Class B8 Storage or Distribution
Reason: To control and limit the form and design of development, in accordance with Policy HQ1 of the adopted Local Plan, Development Brief and the NPPF. |
32)
This consent relates only to the details shown on the submitted plans, numbers PL-1010 Rev.E, PL-1001 Rev.C and PL-1000 REv.D.
Reason: To identify the approved plans and to avoid doubt. |
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