<< Back to case
Conditions or Reasons for Planning Application - CB/17/05835/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 above ground construction work shall take place, notwithstanding the details submitted with the application, until details of the materials to be used for the external walls and roofs of the development (including detailing and dormer cheeks) hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: To control the appearance of the building in the interests of the visual amenities of the locality.
(Policies BE8 & H2, SBLPR and Sections 7 & 12, NPPF)
3) The dwellings hereby approved shall not be first occupied until a landscaping scheme to include all hard and soft landscaping and a scheme for landscape maintenance for a period of five years following the implementation of the landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. The approved 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 means the period from October to March). The trees, shrubs and grass shall subsequently be maintained in accordance with the approved landscape maintenance scheme 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.
(Policies BE8 & H2, SBLPR and Section 7, NPPF)
4) The boundary wall on the northern boundary of the site shall be retained in perpetuity unless a scheme for replacement boundary treatment has been submitted to and approved in writing by the Local Planning Authority. The replacement boundary treatment shall be erected in accordance with the approved scheme within one calendar month of the demolition of the boundary wall and retained as such thereafter.

Reason: To safeguard the appearance of the completed development and the amenities of neighbouring occupiers.
(Policies BE8 & H2, SBLPR and Section 7, NPPF)
5) The first floor windows in the west elevation of the buildings on plots 6, 7 and 8 hereby permitted shall be permanently fitted with obscured glass of a type to substantially restrict vision through them at all times and shall be non-opening, unless the parts of the windows which can be opened are more than 1.7m above the floor of the rooms in which the windows are installed. No further windows or other openings shall be formed in the western elevation of these buildings.

Reason: To safeguard the privacy of occupiers of adjoining properties.
(Policies BE8 & H2, SBLPR and Section 7, NPPF)
6) With the exception of demolition, no development approved by this permission shall take place until the following has been submitted to and approved in writing by the Local Planning Authority:

A Phase 1 Desk Study report documenting the ground conditions of the site with regard to potential contamination;
A Phase 2 Site Investigation (where shown as necessary the Phase 1 Desk Study);
A Phase 3 Remediation Scheme (where shown as necessary by the Phase 2 Site Investigation)

All such work shall be undertaken in accordance with BS:10175:2011 or other appropriate guidance issued by the regulatory authorities. The work shall be sufficient to ensure that measures will be taken to mitigate any risks to human health and the wider environment.

Prior to any permitted dwelling being first occupied a validation report shall be submitted and approved in writing by the Local Planning Authority to demonstrate the effectiveness of any agreed Remediation Strategy . Any such validation shall include responses to any unexpected contamination discovered during works.

Reason: To protect human health and the environment.
(Section 11, NPPF)
7) No above ground construction work shall take place until a scheme for protecting the proposed dwellings from noise has been submitted to and approved in writing by the Local Planning Authority. None of the dwellings shall be first occupied until the scheme has been implemented in accordance with the approved details, and shown to be effective through post-completion testing, 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.
(Policy H2, SBLPR and Section 11, NPPF)
8) None of the dwellings hereby permitted shall be first occupied until details of the junction of the proposed vehicular access with the highway have been submitted to and approved by the Local Planning Authority and 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.
(Policy BE8, SBLPR and Section 4, NPPF)
9) Before the access is first brought into use, a triangular vision splay shall be provided on each side of the new access drive and shall be 2.8m measured along the back edge of the highway from the centre line of the anticipated vehicle path to a point 2.0m measured from the back edge of the footway into the site along the centre line of the anticipated vehicle path. The vision splay so described and on land under the applicant's control shall be maintained free of any obstruction to visibility exceeding a height of 600mm above the adjoining footway level.

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.
(Section 4, NPPF)
10) Visibility splays shall be provided at the junction of the access with the public highway before the development is first occupied. The minimum dimensions to provide the required splay lines shall be 2.4m measured along the centre line of the proposed access from its junction with the channel of the public highway and 25m measured from the centre line of the proposed access along the line of the channel of the public highway. The required vision splays shall, on land in the applicant's control, be kept free of any obstruction.

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.
(Section 4, NPPF)
11) None of the dwellings hereby approved shall be first occupied until details of the footway widening works along the frontage of the site have been submitted to and approved by the Local Planning Authority and the widening works have been constructed in accordance with the approved details. Any Statutory Undertakers equipment or street furniture shall be re-sited to provide an unobstructed footway. Furthermore, any land required shall be dedicated to the Highway Authority as public highway before any of the dwellings on site are first occupied.

Reason: In the interests of road safety and pedestrian movement.
(Section 4, NPPF)
12) None of the dwellings hereby permitted shall be first occupied until details of the construction and surfacing of the on-site vehicular access have been submitted to and approved in writing by the Local Planning Authority. These details shall include arrangements for surface water drainage from the site to soak away within the site so that it does not discharge into the highway or into the main drainage system. The access shall be constructed and surfaced in a stable and durable manner in accordance with the approved details for a distance of 5m into the site, measured from the highway boundary before the premises are first occupied.

Reason: To avoid the carriage of mud or other extraneous material or surface water from the site so as to safeguard the interest of highway safety and reduce the risk of flooding and to minimise inconvenience to users of the premises and ensure acceptable parking of vehicles outside highway limits .
(Section 4, NPPF)
13) The new vehicular access shall not be brought into first use until details showing the closing of any existing accesses within the highway frontage of the land to be developed, that are not incorporated in the access hereby approved, have been submitted to and approved in writing by the Local Planning Authority and the accesses have been closed in accordance with the approved details.

Reason: In the interest of road safety and to reduce the number of points at which traffic will enter and leave the public highway.
(Section 4, NPPF)
14) The development shall not be first occupied or brought into use until the parking scheme shown on Drawing No. 16-17-PA-002 A has been completed. The scheme shall thereafter be retained for this purpose.

Reason: To ensure provision for car parking clear of the highway.
(Policies BE8 & H2, SBLPR and Section 4, NPPF)
15) 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 first 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).
16) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 16-17-PA-001, 16-17-PA-002A, 16-17-PA-003B, 16-17-PA-004B, 16-17-PA-007C, 16-17-PA-008B and 16-17-PA-009A.

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


Return to Search | Close WindowTop of Page