<< Back to case
Conditions or Reasons for Planning Application - CB/16/00191/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) Development shall not commence until a scheme detailing provision for on site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period.

Reason: To ensure adequate off street parking during construction in the interests of road safety.

This pre-commencement condition is necessary in order to ensure that no unnecessary harm is caused by the commencement of development works.
3) No development shall commence until a detailed surface water drainage scheme for the site, based on the agreed drainage Strategy (Ref: GHD/HAD/4860) has been submitted to and approved in writing by the Local Planning Authority. Full infiltration will not be suitable where permeability of subgrade exceeds 10-6 (m.s). Where revisions to the agreed strategy are proposed these shall be fully justified and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved final details before the development is completed and shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan. The scheme shall include details of a site specific ground investigation report (in accordance with BRE 365 standards) to determine the infiltration capacity of the underlying geology and the ground water level as well as details of how the scheme shall be maintained and managed after completion.

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 para 103 NPPF.

This pre-commencement condition is necessary in order to ensure that no unnecessary harm is caused by the commencement of development works.
4) The development hereby permitted shall not begin until a scheme to deal with contamination of land/ground gas/controlled waters has been submitted to and approved in writing by the local planning authority. The scheme shall include all of the following measures, unless the local planning authority dispenses with any such requirement specifically in writing:

1. A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175: 2011 Investigation of Potentially Contaminated Sites Code of Practice.

2. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites Code of Practice. The report shall include a detailed quantitative human health and environmental risk assessment.

3. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined.

4. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted to and approved in writing by the local planning authority.

5. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted prior to the development being brought into use. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land
(Section 7, NPPF)

This pre-commencement condition is necessary in order to ensure that no unnecessary harm is caused by the commencement of development works.
5) No works for the new units hereby approved shall take place until details the improvements to the junction of the proposed vehicular access with the highway have been approved by the Local Planning Authority and no building shall be occupied until the junction has been constructed in accordance with the approved details.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
6) The maximum gradient of the vehicular access shall be 10% (1 in 10).

Reason: In the interests of the safety of persons using the access and users of the highway.
7) Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval 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: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises.
8) 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 a manner to the Local Planning Authority's written approval.

Reason: In the interest of road safety and to reduce the number of points at which traffic will enter and leave the public highway.
9) Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in a condition such as not emit dust or deposit mud, slurry or other debris on the highway, in particular efficient means shall be installed prior to commencement of the development and thereafter maintained and employed at all times during construction of the development of cleaning the wheels of all lorries leaving the site

Reason: To minimise the impact of construction vehicles and to improve the amenity of the local area.
10) Hours of delivery
No deliveries from vehicles exceeding 3 tonnes maximum gross plated weight shall be received or dispatched from the site outside the hours of 07:00 to 21:00hrs Monday to Friday, 08.00 to 22.00hrs Saturday and 09.00 and 18.00hrs on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of the locality, especially for people living and/or working nearby.
(Section 7, NPPF)
11) Retail Restriction on hours of opening to the public
The Retail Foodstore hereby permitted shall not be open to the public before the hours of 07:00 or after 22:00hrs Mondays to Saturdays inclusive and before 10:00 or after 18:00hrs on Sundays, Bank or Public Holidays

Reason: To protect the amenities of nearby residents
(Section 7, NPPF)
12) Retail Restriction on hours of opening to the public
The two A1 retail units and the A5 retail unit hereby permitted shall not be open to the public before the hours of 07:00hrs or after 22:00hrs Monday to Sunday.

Reason: To protect the amenities of nearby residents
(Section 7, NPPF)
13) Provision of Acoustic Barrier (Service Yard)
Prior to commencement of the permitted use, a scheme for a continuous acoustic barrier constructed along the boundaries of the service yard of minimum height of 2 metres measured from the ground level and minimum surface density of 10kg/m2 shall be submitted to, and approved in writing by, the local planning authority. All works which form part of the approved scheme shall be completed before the use hereby permitted is brought into use. The barrier shall be retained throughout the life of the development.

To protect the amenities of residents
(Section 7, NPPF)
13) Provision of Acoustic Barrier (Service Yard)
Prior to commencement of the permitted use, a scheme for a continuous acoustic barrier constructed along the boundaries of the service yard of minimum height of 2 metres measured from the ground level and minimum surface density of 10kg/m2 shall be submitted to, and approved in writing by, the local planning authority. All works which form part of the approved scheme shall be completed before the use hereby permitted is brought into use. The barrier shall be retained throughout the life of the development.

To protect the amenities of residents
(Section 7, NPPF)
14) BS4142 limit on external noise levels produced by fixed external plant (A1 Use)
Prior to any permitted A1 use commencing, a scheme shall be submitted for approval to the Local Planning Authority to demonstrate that the rating level of sound emitted from any fixed plant and/or machinery associated with the development shall not exceed a level 5dB(A) below the existing background sound levels at the any sound sensitive premises. All measurements shall be made in accordance with the methodology of BS4142 (2014) (Method for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

Reason: To protect the amenities of nearby residents
(Section 7, NPPF)
15) BS4142 limit on external noise levels produced by fixed external plant (A5 Use)
Prior to any permitted A5 use commencing, a scheme shall be submitted for approval to the Local Planning Authority to demonstrate that the rating level of sound emitted from any fixed plant and/or machinery associated with the development shall not exceed a level 5dB(A) below the existing background sound levels at the any sound sensitive premises. All measurements shall be made in accordance with the methodology of BS4142 (2014) (Method for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

Reason: To protect the amenities of nearby residents.
(Section 7, NPPF)
16) Cooking Fume Extraction details (A5 Use)
Prior to any permitted A5 use commencing, a scheme containing full details of arrangements for internal air extraction, odour control, and discharge to atmosphere from cooking operations, including any external ducting and flues, shall be submitted to and approved in writing by the local planning authority. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced. The equipment shall thereafter be maintained in accordance with the manufacturer's instructions and operated at all times when cooking is being carried out unless otherwise agreed beforehand in writing with the local planning authority.

Reason: To protect the amenities of nearby residents 
(Section 7, NPPF)
17) Service Yard Management Plan
Prior to the use first being brought into use a Service Yard Management Plan shall be submitted to and approved by the Local Planning Authority. The Agreed plan shall be maintained and implemented for the life of the approved development and shall not be altered without the prior written approval of the local planning authority.

Reason: To protect the amenities of nearby residents
(Section 7, NPPF)
18) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 13009-100(site location plan);13009-112A(proposed site plan); 13009-113A(proposed floor plans); 13009-114 (proposed roof plans); 13009-115A(proposed elevations); 13009-116A (proposed site section); 13009-117A(proposed landscape stategy); 13009-118(existing site plan); 4860/03/01(proposed site levels); 4860/03/02(proposed drainage layout); p172-484(external lighting).

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


Return to Search | Close WindowTop of Page