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Conditions or Reasons for Planning Application - MB/08/00465/FULL
Conditions or Reasons:
1) The development hereby approved shall be commenced within three years of the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 which is designed to ensure that a planning permission does not continue in existence indefinitely if the development to which it relates is not carried out.
2) The permission shall extend only to the application as amended by Drawing Nos PL101A, PL102A, PL103A, PL104A and PL105.

Reason: For the avoidance of doubt and to ensure that the development is implemented in accordance with the plans formally approved by the Local Planning Authority.
3) Full details of both hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority. These details shall include:-

proposed finished levels or contours;
materials to be used for any hard surfacing;
proposed and existing functional services above and below ground level;
planting plans, including schedule of size, species, positions, density and times of planting;
cultivation details including operations required to establish new planting;
details of existing trees and hedgerows on the site, indicating those to be retained and the method of their protection during development works.

The development shall be carried out in accordance with the approved details.

Reason: In order to ensure that the landscaping is carried out within a reasonable period in the interest of the visual amenities of the area.
4) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development whichever is the sooner; and any trees or plants which within a period of 5 years of completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority give written consent to any variation.

Reason: In the interests of the visual amenities of the site and the area generally.
5) Notwithstanding any provision of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking or re-enacting that Order with or without modification) no extensions or outbuildings shall be erected without the benefit of express planning permission from the Local Planning Authority.

Reason: To protect the character and appearance of the open countryside.
6) Prior to the development hereby approved commencing on site details of the final ground and slab levels of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include sections through both the site and the adjoining properties, the location of which shall first be agreed in writing with the Local Planning Authority. Thereafter the site shall be developed in full accordance with the approved details.

Reason: To ensure that a satisfactory relationship results between the new development and adjacent buildings and public areas.
7) A scheme for any earthworks which shall include the proposed grading of land areas and provision of retaining walls and structures, including the levels and contours to be formed, showing the relationship of proposed earthworks to existing vegetation and surrounding landform shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure that a satisfactory relationship results between the new development and adjacent buildings and public areas.
7) A scheme for any earthworks which shall include the proposed grading of land areas and provision of retaining walls and structures, including the levels and contours to be formed, showing the relationship of proposed earthworks to existing vegetation and surrounding landform shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure that a satisfactory relationship results between the new development and adjacent buildings and public areas.
8) A scheme shall be submitted for written approval by the Local Planning Authority setting out the details of the materials to be used for the external walls and roof including samples of the materials. The development shall be carried out in accordance with the approved scheme.

Reason: To protect the visual amenities of the building and of the area generally.
9) The development hereby approved shall not be commenced until detail of the surfacing of the existing access track and on-site parking areas have been submitted to and approved in writing by the Local Planning Authority. The dwelling hereby permitted shall not be occupied until the approved details have been implemented. Arrangements shall be made for surface water from the parking areas to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason: To ensure a satisfactory from of access and the repair of damage caused during construction works in the interest of highway safety.
10) Before the development is first brought into use the turning space for vehicles shall be constructed in accordance with the details illustrated on the approved Plan (No. PL101 ).

Reason: To enable vehicles to draw off, park and turn outside of the highway limits thereby avoiding the reversing of vehicles onto the highway.
11) Prior to the commencement of any phase of development hereby approved by this planning permission the developer shall submit to the Planning Authority in both paper and electronic form where possible:

(a) A Phase 1 Desk Study incorporating a site walkover, site history , maps and all further features of industry best practice relating to potential contamination.

(b) Where shown to be necessary by the Phase 1 Desk Study, a Phase 2 Site Investigation Report further documenting the ground conditions of the site with regard to potential contamination, incorporating appropriate soils, gas and groundwater sampling.

(c) On completion of the development, the developer shall provide written confirmation that any and all works have been completed in accordance with the agreed remediation scheme in the form of a Phase 4 validation report.

Any remediation scheme shall be agreed in writing by the Local Planning Authority prior to the commencement of works.

All variations to any remediation scheme shall be agreed in writing by the Local Planning Authority.

Reason: To protect human health and the environment.
12) A scheme shall be submitted for written approval by the Local Planning Authority indicating
the positions, design, materials and type of boundary treatment to be erected. The
boundary treatment shall be completed in accordance with the approved scheme before the
building is occupied in accordance with a timescale agreed in writing with the Local
Planning Authority.

Reason: To safeguard the appearance of the completed development and the visual amenities of the locality.
13) The plans and particulars submitted in accordance with condition 2 above shall include:-
(a) a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and the crown spread of each tree;
(b) details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraph (c) and (d) below apply:
(c) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, [within the crown spread of any retained tree or of any tree on land adjacent to the site][within a distance from any retained tree, or any tree on land adjacent to the site, equivalent to half the height of that tree];
(d) details of the specification and position of fencing [and of any other measures to be taken] for the protection of any retained tree from damage before or during the course of development.
In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.

Reason: To safeguard the existing trees on the site in the interests of visual amenity.


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