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Conditions or Reasons for Planning Application - CB/22/04302/FULL
Conditions or Reasons:
1) The development hereby permitted shall begin not later than two 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 permission hereby granted shall endure for a period of 35 years from the date when electricity is first generated by the Solar Farm (the 'First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than one calendar month after the event. Within six months, following the completion of the 35 year period, or the cessation of their use for electricity generating purposes, whichever is the sooner, the solar panels together with any supporting apparatus, mountings, cabling, foundations, inverter stations, fencing, CCTV cameras and other associated equipment shall be removed from the site and the land restored to agricultural use or to a condition to be agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is decommissioned and the land returned to its original use prior to the development in the interest of preserving the openness of the Green Belt and countryside.
(Policies SP4 and EE5, CBLP July 2021, and Sections 13 and 15, NPPF July 2021)
3) No delivery of solar farm equipment onto the site and construction works, comprising the installation of photovoltaic (solar) panels, installation of inverter stations, DNO building, construction of internal haul roads, and formation of site compound, including extensive site clearance, earthworks and landscaping, with the exclusion of the works required to improve the access onto Luton Road (as per plan reference 1476[BD]007D) and minor preparatory works comprising site clearance, earthworks, landscaping, trial trenching, fencing, drainage works and CCTV installation limited to a maximum of two (non HGV) vehicular movements per week on Featherbed Lane, shall take place, until the approved scheme, as shown on plan reference 1476[BD]007D, amended as necessary by the technical and safety review process, has been fully implemented and opened to traffic. Following the opening of the approved scheme, all development and construction traffic will only use the access onto Luton Road.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
4) The development hereby permitted shall not commence until details of a Construction Traffic Management Plan have been submitted to and approved in writing by the Local Planning Authority, broadly in accordance with the proposals included in the submitted document reference CHAL/LCTMP2022/A. The development shall then be implemented in strict accordance with the approved details. For avoidance of doubt the Construction Traffic Management Plan should include details of any traffic management required to ensure the safe operation of the construction access, including relevant consultation with, and agreements from, the Council's Streetworks department.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the site.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
5) The development hereby permitted shall not commence until the access junction visibility splays detailed on plan reference C2293-SK02B Visibility and 16.5m articulated early turn SPA (denoted by the blue lines) are provided, including any hedge clearance and hedge replanting required to secure the splays in question. The required vision splays shall be 2.4m measured along the centre line of the proposed access from its junction with the channel of the public highway and 160.0m measured from the centre line of the proposed access along the line of the channel of the public highway to the north and to the south. The required vision splays shall be kept clear of any obstruction throughout the lifetime of the development.

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.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
6) The development hereby permitted shall not commence until the forward visibility splays detailed on plan reference C2293-SK02B Visibility and 16.5m articulated early turn SPA (denoted by the red lines) are provided, including any hedge clearance and hedge replanting required to secure the splays in question. The required vision splays shall be kept clear of any obstruction throughout the construction works.
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.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
7) Any gates provided shall open away from the highway and be set back a distance of at least 20.0m metres from the nearside edge of the carriageway of the adjoining highway during the construction phase of development. Upon the completion of the construction works any relocated gates shall open away from the highway and be set back a distance of at least 8.0 metres from the nearside edge of the carriageway.
Reason: To enable vehicles to draw off the highway before the gates are opened.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
8) Any new access works shall be hard surfaced for a minimum of the first 20.0m from the nearside edge of the carriageway of the adjoining highway in a bound material and should include a form of positive drainage to prevent the discharge of water onto the public highway.
Reason: To prevent the discharge of debris, loose material, and water onto the public highway.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
9) 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 accordance with details submitted to and approved in writing by the Local Planning Authority.
Reason: In the interest of road safety and to reduce the number of points at which traffic will enter and leave the public highway.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
10) The development hereby permitted shall not commence until an on-site vehicular area for construction vehicles and staff parking is identified and surfaced in accordance with details submitted to and approved in writing by the Local Planning Authority, 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: To minimise danger, obstruction, and inconvenience to users of the highway and of the site.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
11) Within three months of completion of the construction phase works, the construction access shall be closed and replaced with a reduced access arrangement for maintenance purposes. Details of any such access to be submitted to and approved in writing by the Local Planning Authority and constructed in accordance with the approved plans prior to being brought into use.
Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the site.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
12) Prior to any future decommissioning of the site, a further Logistics and Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority, and any subsequent decommissioning works shall be undertaken in accordance with the agreed plan.
Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the site.
(Policy T2, CBLP July 2021, and Section 9, NPPF July 2021)
13) The development hereby permitted shall not commence until an Arboricultural Method Statement and Tree Protection Plan, based on the supporting documents "Pre-Development Tree Survey and Assessment" dated July 2022 (document reference TDA/2009/TS&A/RhC/8.14), and the Tree Constraints Plan, dated July 2022 (document reference TDA/2009/TCP/RhC/8.14), which includes the Tree Constraints Drawings (Drawing No's TDA.2009.04 - Sheets 1 and 2), dated July 2022, has been prepared by a suitably qualified arboricultural consultant, and submitted to the Local Planning Authority for approval. The approved Arboricultural Method Statement and Tree Protection Plan shall then be implemented in strict accordance with the recommended methodology and sequence of operations, with tree protection barriers remaining securely in position throughout the entire course of development works.

Reason: To maintain a secure Construction Exclusion Zone around the designated Root Protection Areas of retained trees, in order to avoid ground compaction and branch damage that may be incurred from contractor vehicles and temporary material storage, so as to safeguard their health, screening, amenity and biodiversity value.
(Policy EE4, CBLP July 2021, and Section 15, NPPF July 2021)
14) The development hereby permitted shall proceed in accordance with ''Landscape Design Statement, Specification & Environmental Management Plan'' dated July 2022 (document reference TDA/2009/LDSS&MP/RhC/10.14-1), ''Addendum to Landscape Design Statement, Specification & Environmental Management Plan'' dated July 2022, and plan TDA/2009/02 Rev H (Landscape Strategy). The approved proposed landscaping and trees, including the avenue of oak trees, shall be implemented by the end of the full planting season immediately following the first occupation of the development (a full planting season means the period from October to March). The landscaping and trees shall subsequently be maintained and retained in accordance with the agreed management plan, 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, to mitigate any visual harm to the countryside, and to ensure a net biodiversity gain.
(Policies EE2 and EE5, CBLP July 2021, and Sections 12 and 15, NPPF July 2021)
15) The development hereby permitted shall not commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to and be approved in writing by the Local Planning Authority. The LEMP shall include the following:

a) The proposed aftercare and long-term management of retained and new habitats. This will include, for example, the details of livestock management to provide a sward suitable for birds, bats, reptiles, and terrestrial mammal, and grassland creation.
b) Further details of the ecological enhancements to be provided, for example, bat/ bird boxes, badger gates.

The development shall then be implemented in strict accordance with the approved Plan.

Reason: To ensure the development delivers net gains for biodiversity and these are managed in an appropriate manner.
(Policy EE2, CBLP July 2021, and Section 15, NPPF July 2021)
16) The development hereby permitted shall not commence until a Construction Environmental Management Plan (CEMP) has been submitted to and be approved in writing by the Local Planning Authority. The CEMP shall outline measures to ensure construction is undertaken sensitively, in accordance with pollution control measures, and to prevent a detrimental impact on biodiversity. The development shall then be implemented in strict accordance with the approved Plan.

Reason: To minimise the impact of development on biodiversity.
(Policy EE2, CBLP July 2021, and Section 15, NPPF July 2021)
17) The development hereby permitted shall not commence until a Precautionary Working Methods Statement (PWMS), detailing reasonable avoidance measures for great crested newts, has been submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in strict accordance with the approved Statement.

Reason: To minimise the impact of development on biodiversity.
(Policy EE2, CBLP July 2021, and Section 15, NPPF July 2021)
18) The surface water drainage shall be constructed to manage surface water runoff from the development hereby permitted for up to and including a 1 in 100 year event (+30% CC), via discharge to an existing watercourse. The final detailed design shall be based on the agreed Flood Risk Assessment (document references KRS.0496.001.R.002.C, October 2022 and KRS.0496.001.R.002.A June 2022) and DEFRAs Non-statutory technical standards for sustainable drainage systems (March 2018) 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 Local Planning Authority for approval. The discharge rate from the development will be limited to the equivalent 1 in 1 year rate, or an appropriate rate as agreed by the Bedford Group of Internal Drainage Boards.

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.
(Policies CC3, CC4 and CC5, CBLP July 2021, and Section 14, NPPF July 2021)
19) Part A: The development hereby permitted shall only be implemented in full accordance with the archaeological scheme of works as described in the document entitled: Chalgrave Manor, Luton Road, Toddington, Bedfordshire: Written Scheme of Archaeological Resource Management, document 2022/64, version 1.3, dated 09 November 2022, by Albion Archaeology.
Part B: This condition shall only be fully discharged when:
all elements of the archaeological fieldwork have been completed and the date of completion has been confirmed in writing by the Local Planning Authority.
a final archaeological report or (if appropriate), a Post Excavation Assessment report and an Updated Project Design has been submitted to and approved in writing by the Local Planning Authority. This shall be done within 12 months of the date of completion of all the archaeological fieldwork unless otherwise agreed in advance in writing by the Local Planning Authority
the post-excavation analysis as specified in the approved Updated Project Design (if one is prepared) has been completed.
the preparation of the site archives (including the completion of the archive report) for deposition at stores approved by the Local Planning Authority has been undertaken and confirmed in writing by the Local Planning Authority. For the digital archive this will include confirmation of the intention to deposit with a CoreTrustSeal certified repository dedicated to storing archaeological archives.
the publication report text has been prepared for submission to either a recognised archaeological journal, or the Historic Environment Record and this has been confirmed in writing by the Local Planning Authority.

Unless otherwise agreed in advance in writing by the Local Planning Authority, items 3, 4 and 5 of Part B of this condition shall be completed within 2 years of the archaeological fieldwork date of completion. Should the project not warrant the production of a Post Excavation Assessment report, an Updated Project Design and a publication text, Item 5 can be completed on the approval of the final archaeological report.

Reason: In line with policy HE1 of the Central Bedfordshire Local Plan 2015-2035 (adopted July 2021) and paragraph 205 of the National Planning Policy Framework (July 2021): to investigate and record any archaeological remains affected by the development, to safeguard the long-term future of the archive and to make the record of all the work publicly available. Part A of this condition is pre-commencement because development works can have an irreversible impact on archaeological remains and an approved programme of investigation must be in place before the development starts.
(Policy HE1, CBLP July 2021, and Section 16, NPPF July 2021)
20) The development hereby permitted shall be undertaken in full accordance with the Council's 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 July 2021)
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 July 2021)
22) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 1476 001D, EPD_001_B, TOPO2020/A, 1476[BD]008, 1476_002-B, 1476[BD]010, EPD_002, EPD_004 (CCTV Elevation), EPD_004 (Transformer Substation), EPD_005, EPD_006, EPD_006_B, EPD_008, TDA/2009/02 Rev H, KRS.0496.001, EPD_007, EPD_007_B, CHAL/COMPOUND2022 Rev A, 1476[BD]007D, C2293-SK01C and C2293-SK02B.

Reason: To identify the approved plans and to avoid doubt.


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