| 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)
The development shall be carried out in full accordance with the Written Scheme of Heritage Asset Resource Management document 2016/222, version 1.2 dated 22nd December 2016 (CgMs Consulting and Albion Archaeology) which includes provision for the structural recording and excavation of the Second World War air raid shelter; a contingency for investigating and recording any other archaeological remains that may be present on the site, the post investigation analysis of any archive material generated and the full publication of the results.
Reason: The development must be implemented in full accordance with the Written Scheme of Heritage Asset Resource Management document 2016/222 version 1.2 dated 22nd December 2016 (CgMs Consulting and Albion Archaeology) as a failure to secure appropriate historical and archaeological investigation in advance of development would be contrary to paragraph 141 of the National Planning Policy Framework (NPPF) that requires developers to record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) as a consequence of the development. (Section 12, NPPF)
(Section 12, NPPF) |
3)
The development shall be carried out in accordance with the Ecological Design Strategy by Ecology Solutions dated September 2016.
Reason: To prevent harm being caused to protected species and to ensure that the development delivers a net gain to biodiversity.
(Policy BE8, SBLPR and Section 11, NPPF) |
4)
No conversion works or above ground works shall take place until a scheme for protecting the proposed dwellings from noise from road traffic has been submitted to and approved in writing by the Local Planning Authority. The scheme shall follow the recommendations identified in Stansted Environmental Services Ltd report (Ref: ENV1-DUNS-041Ashton Middle School) dated 7th September 2016. None of the dwellings shall be occupied until such a scheme has been implemented in accordance with the approved details, and shown to be effective, and it shall be retained in accordance with those details thereafter.
Reason: In order to provide an acceptable noise environment and level of amenity for future occupants of the development.
(Policies BE8 & H2, SBLPR and Section 11, NPPF) |
4)
No conversion works or above ground works shall take place until a scheme for protecting the proposed dwellings from noise from road traffic has been submitted to and approved in writing by the Local Planning Authority. The scheme shall follow the recommendations identified in Stansted Environmental Services Ltd report (Ref: ENV1-DUNS-041Ashton Middle School) dated 7th September 2016. None of the dwellings shall be occupied until such a scheme has been implemented in accordance with the approved details, and shown to be effective, and it shall be retained in accordance with those details thereafter.
Reason: In order to provide an acceptable noise environment and level of amenity for future occupants of the development.
(Policies BE8 & H2, SBLPR and Section 11, NPPF) |
5)
No demolition or ground works in association with the development approved by this permission shall take place until a Phase 2 investigation report, as recommended by the Stansted Environmental Services report (ref: CON1-DUNS-042-Ashton Middle School, Dunstable) dated 18th April 2016, 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. No part of the development shall be first occupied until a Verification Report demonstrating the completion of the works set out in the remediation strategy has been submitted and approved by the Local Planning Authority.
Reason: To protect human health and the environment.
(Section 11, NPPF) |
5)
No development shall take place until a scheme for the investigation and assessment to identify the extent and nature of any contamination of the site has been submitted to and approved in writing by the Local Planning Authority. No development shall take place until written details of the measures to be taken to remediate any contamination revealed have been submitted to and approved in writing by the Local Planning Authority. No development shall take place until the remediation measures thereby approved have been completed.
Reason: To ensure that any contamination which exists on the site is identified and properly dealt with in the interests of the residential amenity of the future occupiers of the site and of the surrounding area.
(Section 11, NPPF) |
5)
No development shall take place until a scheme for the investigation and assessment to identify the extent and nature of any contamination of the site has been submitted to and approved in writing by the Local Planning Authority. No development shall take place until written details of the measures to be taken to remediate any contamination revealed have been submitted to and approved in writing by the Local Planning Authority. No development shall take place until the remediation measures thereby approved have been completed.
Reason: To ensure that any contamination which exists on the site is identified and properly dealt with in the interests of the residential amenity of the future occupiers of the site and of the surrounding area.
(Section 15, NPPF) |
6)
If during any site investigation, excavation, engineering or construction works evidence of land contamination is identified, the applicant shall notify the Local Planning Authority without delay. Any land contamination identified, shall be remediated to the satisfaction of the Local Planning Authority to ensure that the site is made suitable for its end use.
Reason: To protect human health and the environment.
(Section 11, NPPF) |
7)
Prior to the commencement of the development hereby approved a Code of Construction Practice shall be submitted to and approved in writing by the Local Planning Authority. This shall detail methods that all developers, contractors and sub-contractors will employ at all times during demolition, construction and other engineering operations on the site. The Code of Practice shall include:
- Measures to be used to control dust;
- Measures to be used to reduce the impact of noise and vibration arising from noise and vibration generating activities on site in accordance with best practice as set out in BS5228:2009 'Code of practice for noise and vibration control on construction and open sites';
- The siting and layout of any works compounds;
- The construction working hours for noisy works on site.
The approved Code of Practice shall be implemented throughout the construction period.
Reason: The condition must be discharged prior to commencement to safeguard the amenity of the occupiers of neighbouring residential premises throughout the construction period.
(Section 11, NPPF) |
8)
No part of the development hereby approved shall be occupied until a finalised 'Maintenance and Management Plan' including a final detailed drainage layout drawing for the entire surface water drainage system, inclusive of any adoption arrangements and/or private ownership or responsibilities, and confirmation that the approved surface water drainage scheme has been correctly and fully installed as per the final approved details has been submitted to and approved in writing by the Local Planning Authority.
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.
(Section 10, NPPF) |
9)
The development hereby permitted shall not be occupied or brought into use and no external lighting shall be installed on the site until the details of any external lighting to be installed on the site, which shall utilise light emitting diodes (LEDs), including the design of the lighting unit, any supporting structure, the level of illumination and the extent of the area to be illuminated, have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details.
Reason: To ensure the proposed highways are adequately lit and to protect the visual amenity of the site and its surrounding area, to protect the habitats of bats and to protect the amenity of neighbouring residents.
(Policy BE8, SBLPR and Sections 7 & 11, NPPF, NPPF) |
10)
Notwithstanding the provisions of Part 1, Class A, B, C or D of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions or external alterations to the buildings hereby permitted shall be carried out without the grant of further specific planning permission from the Local Planning Authority.
Reason: To control the external appearance of the buildings in the interests of the character and historical significance of the application site and to protect the amenity of neighbouring residents
(Policies BE8 & H2, SBLPR and Sections 7 & 12, NPPF) |
11)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no alterations to the boundary treatment to Dog Kennel Walk or the rear gardens of Plots 23, 24, 25, 26 and 27 shall be made without the grant of further specific planning permission from the Local Planning Authority.
Reason: To control the development in the interests of the amenity and safety of the neighbouring public footpath.
(Policy BE8, SBLPR and Section 8, NPPF) |
12)
The maximum gradient of all vehicular accesses onto the estate roads shall be 10% (1 in 10).
Reason: In the interests of the safety of persons using the access and users of the highway.
(Policies BE8 & H2, SBLPR and Section 4, NPPF) |
13)
No construction access shall be taken from Ashton Road.
Reason: Ashton Road is a narrow residential street which is inappropriate for HGVs and other construction traffic and so the condition will ensure the safe operation of the surrounding road network in the interests of road safety.
(Section 4, NPPF) |
14)
No development shall take place until a scheme detailing provision for on site parking for construction workers and deliveries 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: The condition must be discharged prior to commencement to ensure adequate off street parking during the construction period in the interests of road safety.
(Policy BE8, SBLPR and Section 4, NPPF) |
15)
No part of the development hereby approved shall be first occupied until a scheme for the management of the visitor parking spaces as shown on approved drawing no. WH182/16/P/10.03 rev B has been submitted to and approved in writing. These spaces shall not be allocated and, notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015, the parking arrangements shown on drawing no. WH182/16/P/10.03 rev B and the agreed measures shall thereafter be permanently retained on site unless otherwise agreed in writing with the Local Planning Authority.
Reason: To minimise the potential for on-street parking and thereby safeguard the interest of the safety and convenience of road users.
(Policies BE8 & H8, SBLPR and Section 4, NPPF) |
16)
Prior to the occupation of any dwelling on the site, a scheme for the provision of waste receptacles for each dwelling shall be submitted to and agreed in writing by the Local Planning Authority. The receptacles shall be provided before occupation takes place.
Reason: In the interest of residential amenity and to reduce waste generation in accordance with the Councils's Minerals and Waste Local Plan 2014, Policy WSP5 and the adopted SPD "Managing Waste in New Developments" (2006). |
17)
Prior to development, all tree protection measures and tree protection fencing shall be fully implemented in strict accordance with the document "Tree Survey, Arboricultural Impact Assessment, Preliminary Arboricultural Method Statement and Tree Protection Plan in Accordance with BS 5837 :2012" (Revision A) dated 15th July 2016, which includes the indicated positions of ground protection and protective barrier fencing as shown on the accompanying Drawing No. 5413-D Rev A. The protective fencing and ground protection shall remain securely in position throughout the entire course of development.
Reason: To secure the protection of retained trees by avoiding all forms of construction damage in the interests of maintaining good tree health.
(Policy BE8, SBLPR and Sections 7 & 11, NPPF) |
18)
All retained and proposed soft landscaping on the site shall be maintained in accordance with the submitted Landscape Management Plan prepared Allen Pyke Associates Ltd dated 02/08/2016.
Reason: To secure the ongoing maintenance of the soft landscaping on the site in the interests of the visual appearance of the site and the residential amenity of neighbouring occupiers.
(Policies BE8 & H2, SBLPR and Sections 7 & 11, NPPF) |
19)
No hard landscaping shall be laid on site until details of the hard landscaping have been submitted to and approved in writing by the Local Planning Authority. The details shall include materials, colours, sizes, edge and surface finishes and laying patterns. The hard landscaping shall subsequently be implemented in accordance with the approved scheme.
Reason: In the interests of the visual appearance of the site and the wider area and the safety of users of the hard landscaping.
(Policy BE8, SBLPR and Section 7, NPPF) |
20)
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers WH182/16/P/05.01, WH182/16/P/05.02, WH182/16/P/10.01 Ref B, WH182/16/P/10.03 Ref B, WH182/16/P/10.04 Ref B, WH182/16/P/25.01, WH182/16/P/25.01 Rev A, WH182/16/P/25.02, WH182/16/P/25.03 Rev A, WH182/16/P/25.05 Rev A, WH182/16/P/25.06 Rev A, WH182/16/P/25.07 Rev A, WH182/16/P/25.08, WH182/16/P/25.09, WH182/16/P/25.10 Rev A, WH182/16/P/25.11, WH1/16/P/25.12, WH1/16/P/25.13, WH1/16/P/25.14 Rev A, WH182/16/P/25.15, WH1/16/P/25.16, WH1/16/P/25.17, WH182/16/P/25.18 Rev A, WH182/16/P/25.19 Rev A, WH1/16/P/25.20, WH1/16/P/25.21, WH182/16/P/25.22, WH182/16/P/25.23, WH182/16/P/25.24, WH1/16/P/25.25, WH1/16/P/25.26 Rev A, WH1/16/P/25.27, WH182/16/P/55.01 Rev A, WH182/16/P/55.02 Rev A, WH182/16/P/55.03 Rev A, WH182/16/P/55.04 Rev A, 2677-LA-02B, 2677-LA-03B, 2677-LA-04B, 2677-PP-01A, 2677-PP-02B and 2677-PP-03A.
Reason: To identify the approved plans and to avoid doubt. |
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