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Conditions or Reasons for Planning Application - CB/23/00584/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 shall commence, including, but not limited to, site clearance, site preparation, decontamination, demolition, excavation, construction of works compound, etc. until a proposal for a suitable temporary alternative route in place of Bridleway 4 has been submitted for approval by the Council and a Temporary Traffic Regulation Order (TTRO) for the temporary closure of Bridleway 4 has been made and takes effect.

Reason: In the interests of the safety of users of the Bridleway network affected by the development and to ensure that safe alternative provision is made for the users of Bridleway 4 for the duration of the construction period (Policy EE12, Central Bedfordshire Local Plan, Policy CASE8, Caddington & Slip End Neighbourhood Plan, Section 8, NPPF)
3) The proposal for the alternative route shall include, but not be limited to, the following details: no less than 3 metres in width shown on a detailed map; provision for signage and maintenance; public liability insurance equivalent to that which is already in place for the existing Right of Way.

Reason: To ensure that the safety of users of the Bridleway network affected by the development is protected for the duration of the construction period. (Policy EE12, Central Bedfordshire Local Plan, Policy CASE8, Caddington & Slip End Neighbourhood Plan, Section 8, NPPF).
4) The approved alternative route shall be available for use by users of Bridleway 4 immediately before a TTRO takes effect.

Reasons: In the interests of the safety of users of the Bridleway network affected by the development and to ensure that safe alternative provision is made for the users of Bridleway 4 for the duration of the construction period. (Policy EE12, Central Bedfordshire Local Plan, Policy CASE8, Caddington & Slip End Neighbourhood Plan, Section 8, NPPF)
5) No works shall be carried out at any time until and unless a TTRO for Bridleway 4 is in place and an alternative route approved by the Council is available to users at all times during the construction works. Following completion of the development and prior to first use, the surface of Bridleway 4 shall be restored to a firm and useable surface for use by equestrians, cyclists and walkers so that its use can be safely reinstated.

Reason: To ensure that the safety of users of the Bridleway network affected by the development is protected for the duration of the construction period and to ensure that the existing Bridleway 4 can be brought back into use once the development has been completed. (Policy EE12, Central Bedfordshire Local Plan, Policy CASE8, Caddington & Slip End Neighbourhood Plan, Section 8, NPPF).
6) Prior to development, a Tree Protection Plan and an Arboricultural Method Statement shall be submitted to the Local Planning Authority for approval, based on the findings of the supporting document "BS 5837 : 2012 Arboricultural Report" dated May 2022 (Updated January 2023 - Version 2, which includes Appendix C "Tree Survey" (Drawing No's. MH8158-001 and MH8158-002 both Rev B), Appendix D "Tree Constraints Plans" (Drawing No's MH8158-003 and MH8158-004 both Rev B), and Appendix E "Preliminary Arboricultural Impact Assessment" (Drawing No. MH8158-006 Rev B). This shall also include the provision for close arboricultural supervision of the operational activities by an on-site Project Arboriculturist appointed by the applicant. The approved Tree Protection Plan and Arboricultural Method Statement shall then be implemented under the direction of the Project Arboriculturist, in strict accordance with the required sequence of operations and working methodology, with all tree protection fencing and trunk protection coverings then remaining securely in position throughout the entire course of development works.

Reason: To ensure that retained trees are not damaged in the course of development operations, and that the required working methodology is based on good arboricultural practice, by being carried out in strict accordance with the required mitigation measures, and under arboricultural supervision, so as to ensure full compliance with the necessary tree protection requirements at all times. (Policy EE4, Central Bedfordshire Local Plan, Section 15, NPPF)
7) No development shall take place until a Construction Environment Management Plan has been submitted and approved by the Local Planning Authority. The scheme shall identify appropriate measures for the safeguarding of protected species and their habitats and shall include:-

an appropriate scale plan showing protected zones where (any) or (specified) construction activities are restricted and where protective measures will be installed or implemented;
details of protective measures (both physical measures and sensitive working practices) to avoid adverse impacts during construction;
a timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season);
a person responsible for:
compliance with legal consents relating to nature conservation;
compliance with planning conditions relating to nature conservation;
installation of physical protection measures during construction;
implementation of sensitive working practices during construction;
regular inspection and maintenance of physical protection measures and monitoring of working practices during construction; and
provision of training and information about the importance of 'Wildlife Protection Zones' to all construction personnel on site

All construction activities including protective fencing and warning signs shall be implemented and maintained in accordance with the approved details and timing of the plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect features of recognised nature conservation importance. (Policy EE3, Central Bedfordshire Local Plan, Section 15, NPPF)
8) A habitat management plan shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the development hereby approved. The plan shall include:

a) description and evaluation of the features to be managed;
b) ecological trends and constraints on site that may affect management;
c) aims and objectives of management;
d) appropriate management options for achieving the aims and objectives;
e) prescriptions for managements options;
f) preparation of a work schedule (including a 5 year project register, an annual work plan and the means by which the plan will be rolled forward annually);
g) personnel responsible for the implementation of the plan;
h) monitoring and remedial/contingency measures triggered by monitoring

All works shall be carried out in accordance with the approved details. The works shall be undertaken in accordance with a time scale previously agreed in writing by the Local Planning Authority.

Reason: To ensure existing or new habitats affected by development are managed effectively over an established period. (Policy EE2, Central Bedfordshire Local Plan, Section 15, NPPF)
9) The development shall be carried out in accordance with the planting and landscaping scheme shown on approved Drawing No.s MH8199-006a rev. D and MH8199-006b rev. B and shall be carried out in accordance with the scheme for management and maintenance on drawing no. MH8199-007 rev. D 'Plant Schedule & Specification' dated April 2023. The scheme 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 shall mean the period from October to March). The trees, shrubs and grass shall subsequently be maintained for a period of five years from the date of planting and any which die or are destroyed during this period shall be replaced during the next planting season with others of a similar size and species.

Reason: To ensure an acceptable standard of landscaping. (Policies HQ1 and EE5, Central Bedfordshire Local Plan, Sections 12 and 15, NPPF)
10) 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)
11) No works shall commence, including site clearance and excavation, until the improvement scheme for the junction between the site access and the highway (Chaul End Road) as shown indicatively on plan refs P021994-CHAU-DR-CDD-200-0005 Revision P07 and P021994-CHAU-DR-CDD-200-0007 Revision P05 has been constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic. (See Notes to the Applicant)

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises. (Policy T2, Central Bedfordshire Local Plan, Section 9, NPPF)
12) Prior to commencement of development, including site clearance and excavation, visibility splays shall be provided at the junction of the site access with the public highway (Chaul End Road). The minimum dimensions to provide the required splay lines shall be 2.4m measured along the centre line of the site access from its junction with the channel of the public highway and 120m measured from the centre line of the site access along the line of the channel of the public highway. Intervisibility of 120m to and from a vehicle waiting to turn right into the site shall also be provided. The required vision splays shall for the duration of the construction period of the development hereby permitted remain free of any obstruction to visibility. (See Notes to the Applicant)

Reason: To provide adequate visibility between the existing highway and the site access and to make the access safe and convenient for the traffic which is likely to use it. (Policy T2, Central Bedfordshire Local Plan, Section 9, NPPF)
13) Any gates provided shall open away from the highway and be set back a distance of at least 20 metres from the nearside edge of the carriageway of the adjoining highway.

Reason: To enable vehicles to draw off the highway before the gates are opened. (Policy T2, Central Bedfordshire Local Plan, Section 9, NPPF)
14) Prior to commencement of development, including site clearance and excavation, the vehicular access shall be surfaced in bituminous or other similar durable material (not loose aggregate) as may be approved in writing by the Local Planning Authority for a distance of 20m into the site, measured from the highway boundary. Arrangements shall be made for surface water drainage from the site to be intercepted and disposed of separately so that it does not discharge into the highway. (See Notes to the Applicant)

Reason: To avoid the carriage of mud or other extraneous material or surface water from the site into the highway so as to safeguard the interest of highway safety. (Policy T2, Central Bedfordshire Local Plan, Section 9, NPPF)
15) Unless otherwise agreed in writing by the local highway authority, the maximum gradient of the vehicular access shall be 4% (1 in 25) for the first 15m measured into the site from the highway boundary.

Reason: In the interests of the safety of persons using the access and users of the highway. (Policy T2, Central Bedfordshire Local Plan, Section 9, NPPF)
16) No works shall commence, including site clearance and excavation, until a Construction Traffic Management Plan (CTMP), associated with the development of the site, has been submitted to and approved in writing by the Local Planning Authority. The CTMP shall include the following measures and details:

a) the parking of vehicles;
b) the loading and unloading of plant and materials used in the development;
c) the storage of plant and materials used in the development;
d) the erection and maintenance of security hoarding / scaffolding affecting the highway if required;
e) wheel washing facilities;
f) measures on site to control the deposition of dirt / mud on surrounding roads during the development;
g) footpath/footway/cycleway or road closures needed during the development period;
h) the 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;
i) escorts for any abnormal loads;
j) any temporary removal and replacement of highway infrastructure and street furniture;
k) the reinstatement of any signs, verges or other items displaced by construction traffic;
l) means of managing HGV arrivals and departures, as follows:
i. holding outbound HGVs within the site until Chaul End Road, between the site access and Mallard Way (south), is clear of inbound HGVs, or an alternative means of control as may be agreed in writing by the local planning authority;
ii. details of communication systems between drivers and site management as may be needed to facilitate the proposed HGV management system;
iii. the identification of and appointment and use of personnel who will be responsible for managing HGV movements, including a responsible person for communications and the use of banksmen;
iv. the use of Automatic Number Plate Recognition (ANPR) cameras to record / monitor HGV movements to and from the site, or another means of monitoring HGV movements as may be agreed in writing by the local planning authority. The means of monitoring shall be installed and operational on completion of the improved site access works;
m) how the Council will be able to monitor HGV movements at the site. On request, the applicant or their appointed representative shall provide the monitoring data to the Council within 48 hours of a request being made by email. The applicant shall confirm the details of the person / organisation that the Council may contact for this purpose; and
n) a commitment to undertake highway condition surveys in coordination with CBC Highways. The condition surveys shall be undertaken prior to commencement of development (including site clearance and excavation); at agreed intervals during construction; and on completion of the construction works. This shall include a condition survey undertaken within three days of the applicant's notification to the Council that the intensive period of HGV activity has commenced, relating to the car park and storage area, as identified in the supporting Transport Statement (Issue 5). The applicant shall undertake, or cover the local highway authority's costs for, repairs for any damage reasonably attributable to the development, and any measures identified by the local highway authority to reduce the chance of the defect / damage occurring again as a result of continued construction activity. The applicant shall, if deemed necessary by the local highway authority, cease or reduce construction activity until the situation has been remedied to the local highway authority's satisfaction.

The approved Construction Traffic Management Plan associated with the development of the site shall be adhered to throughout the development process.

Reason: In the interests of safety, protecting the amenity of local land uses, neighbouring residents and highway safety. (Policy T2, Central Bedfordshire Local Plan, Section 9, NPPF)
17) The development hereby permitted shall not commence until a lighting strategy has been submitted and approved by the Local Planning Authority. The strategy shall include details of any external lighting to be installed during the construction period within the site and along the access route, and details of any permanent lighting to be installed for the development once operational. The scheme shall include the design of the lighting unit(s), any supporting structure(s), and the extent of the area to be illuminated. The external lighting shall be installed in accordance with the approved details prior to commencement of works in the case of lighting associated with the construction phase, and prior to first use in the case of any permanent lighting.

Reason: To protect the visual amenity of the site and its surrounding area and in the interests of safeguarding protected species.
(Sections 12 and 15, NPPF)
18) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 20220713_21000490_PLN_INFO_29_1 Site Location Plan 20.02.2023, 20220714_21000490_PLN_SI_30_1 Existing Block Plan 20.02.2023, 20220714_21000490_PLN_SI_31_1 Proposed Block Plan 20.02.2023, P021994-CHAU-DR-EL-200-0011 Rev P01 Reservoir Elevations 20.02.2023, P021994-CHAU-DR-GA-200-0004 Reservoir Sections 20.02.2023, P021994-CHAU-DR-PL-200-0010 Rev P01 Proposed Reservoir Floor Plan 20.02.2023.

and Technical Documents:

'Storage Assets Cultural Heritage Assessment Chaul End' by AECOM dated June 2021, 'Chaul End Reservoir, Caddington Bedfordshire Heritage Statement' by Albion Archaeology dated 4th July 2022, Chaul End Reservoir, Caddington Bedfordshire Archaeological Field Evaluation' by Albion Archaeology dated 28th October 2022, 'BS5837:2012 Arboricultural Report' by Maydencroft dated May 2022 (Updated January 2023), 'Preliminary Ecological Appraisal' by AICOM dated 9th March 2021, 'Ecological Impact Assessment' by Maydencroft dated December 2022 (Updated January 2023), 'Chaul End Planning Response' by Maydencroft dated April 2023, 'Chaul End Service Reservoir Flood Risk Assessment' by Affinity Water dated 8th February 2023, 'Geophysical Survey Report, Chaul End Reservoir, Luton, Bedfordshire' by SUMO Geophysics dated 16th August 2022, 'Factual Report on Geophysical Survey, Report No L2050-22/R0' by Socotec dated June 2022, 'Landscape and Visual Appraisal' by Maydencroft dated April 2022 (Updated January 2023), 'Biodiversity Net Gain Assessment' by Maydencroft dated April 2023, 'Transport Statement V5' by AICOM dated 4th May 2023, 'Landscape Mitigation Plan MH8199-006a rev. D and MH8199-006b rev. B' and 'Plant Schedule & Specification' by Maydencroft dated April 2023.

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


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