| Conditions or Reasons: | 1)
No development shall commence at the site until approval of the details of the appearance, landscaping, layout and scale of the development (herein called 'the reserved matters') has been obtained in writing from the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To comply with Part 3 Article 6 of the Town and Country Planning (General Development Procedure) Order 2015. |
2)
Application for the approval of the reserved matters shall be made to the Local Planning Authority within two years from the date of this permission. The development shall begin not later than two years from the final approval of the reserved matters or, if approved on different dates, the final approval of the last such matter to be approved.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
3)
The buildings hereby permitted on the Spinney Park site shall not exceed two and a half storeys in height. The buildings hereby permitted on the Spinney Pool site shall not exceed six storeys in height.
Reason: To ensure that the character and visual appearance of the area is not adversely affected
(Policies BE8 & H2, SBLPR and Section 12, NPPF) |
4)
Any application for reserved matters shall include details of the existing and final ground, ridge and slab levels of the buildings. The details shall include sections through both the site and the adjoining properties. Thereafter the site shall be developed in full accordance with the approved details.
Reason: To ensure that an acceptable relationship results between the new development and adjacent buildings and public areas.
(Policies BE8 & H2, SBLPR and Section 12, NPPF) |
5)
Notwithstanding the submitted details, no development shall take place until details of the junction between the proposed estate road and Billington Road have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until that junction has been constructed in accordance with the approved details.
Reason: The condition must be discharged prior to commencement to ensure that ground works do not prejudice the geometry and location of the junction. The condition is imposed in order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed estate road.
(Policy H2, SBLPR and Section 9, NPPF) |
6)
The new access with Billington Road shall not be brought into use until details showing the closing of any existing accesses within the highway frontage of the land to be developed, which is not to be 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.
(Policy H2, SBLPR and Section 9, NPPF) |
7)
No dwelling shall be occupied until a scheme for the provision of a 3.0m wide footway/cycleway on the west side of Billington Road along the entire frontage of the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the resiting of any Statutory Undertakers equipment or street furniture as shall be required to provide an unobstructed footway. No dwelling shall be occupied until the footway/cycleway has been delivered in accordance with the approved scheme.
Reason: In the interests of road safety and pedestrian movement.
(Sections 8 and 9, NPPF) |
8)
No development shall commence until, a scheme for the provision of public footpaths nos.16 Billington and 44 Leighton Buzzard has been submitted to and approved in writing by the Local Planning Authority to include:
an application for the permanent diversion of public footpaths nos. 16 and 44 to the proposed new route
details of the design of the proposed new route to include details of proposed width, surfacing, gradient and any landscaping/boundary treatments alongside (a cross section would be useful).
details regarding any proposed temporary closure and alternative route provision of public footpaths nos. 16 and 44 whilst construction work is carried out. (It should be remembered that the existing legal routes of the Public Footpaths must remain completely unaffected by development until the full legal process of diversion has been completed and there are no guarantees of success of diversion application proposals)
The approved scheme shall be implemented in full thereafter.
Reasons: The condition must be discharged prior to commencement to ensure that construction works do not result in the unplanned closure or obstruction to the public rights-of-way. The condition is imposed in the interests of the amenity of pedestrians and other non motorised users and to ensure safety of users is not compromised by the traffic associated with the development.
(Policy R15, SBLPR and Section 8, NPPF) |
9)
No development shall commence until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment and Drainage Statement (July 2018) and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall also include details of how the system will be constructed, including any phasing, and how it will be managed and maintained after completion. The scheme shall be implemented in accordance with the approved final details before the development is completed.
Reason: The condition must be discharged prior to commencement to ensure that any ground works do not prejudice the delivery of an acceptable surface water drainage scheme. The condition will ensure the approved system will function to a satisfactory minimum standard of operation and prevent the increased risk of flooding both on and off site, in accordance with Section 14 of the NPPF.
(Section 14, NPPF) |
10)
No dwelling shall be occupied until a finalised 'Maintenance and Management Plan' 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. The system shall be maintained in accordance with the approved Maintenance and Management Plan thereafter.
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 14, NPPF) |
11)
Any reserved matters application shall include a comprehensive noise survey based on surrounding uses (including industrial, commercial and road noise) and a mitigation scheme designed to deal with the findings of the acoustic assessment, which should include information as to how the detailed design of the development has been informed by the findings of the acoustic assessment, as well as details of any additional mitigation measures that are found to be necessary. None of the dwellings shall be occupied until such a scheme has been implemented in accordance with the approved details, and a validation report showing the scheme to be effective has been submitted to and approved in writing by the Local Planning Authority. The elements of the approved mitigation scheme shall be retained in accordance with those details thereafter.
Reason: To ensure that future occupiers of the development do not suffer from excessive noise and to ensure that the development does not prejudice the operation of any commercial sites within the vicinity of the application site.
(Policies BE8 & H2, SBLPR and Section 15, NPPF) |
12)
The development hereby permitted shall not commence 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 [first occupation of the development/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: The condition must be discharged prior to commencement to protect the health of construction workers as well as future occupiers of the site from any possible effects of contaminated land, in accordance with local planning policy.
(Section 15, NPPF) |
13)
Any reserved matters application shall include a scheme for the design and ongoing management of any undercroft parking areas. The scheme shall include the following:
undercroft parking area(s) shall be enclosed;
undercroft parking area(s) shall be well-lit;
access to undercroft parking area(s) shall be controlled; and
a camera system shall be in place.
The approved scheme shall be implemented in full thereafter.
Reason: To reduce the risk of crime and the fear of crime.
(Policy BE8, SBLPR and Sections 8 and 12, NPPF) |
14)
No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of fire hydrants at the development. Prior to the first occupation of any of the dwellings hereby approved the fire hydrants serving that development shall be installed as approved. Thereafter the fire hydrants shall be retained as approved in perpetuity.
Reason: The condition must be pre-commencement to ensure that any ground works do not prejudice the appropriate siting of fire hydrants, in the interests of fire safety and providing safe and accessible developments.
(Section 12, NPPF) |
15)
No development shall take place (including ground works or site clearance) until a method statement for the erection of bird/bat boxes in buildings/structures and tree, hedgerow, shrub and wildflower planting/establishment has been submitted to and approved in writing by the Local Planning Authority. The content of the method statement shall include the:
a) purpose and objectives for the proposed works;
b) detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used);
c) extent and location of proposed works shown on appropriate scale maps and plans;
d) timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;
e) persons responsible for implementing the works;
The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter
Reason: The condition must be discharged prior to commencement to ensure that site clearance works do not prejudice the habitats which currently exist on the site (specifically along the footpath corridor). The condition seeks to ensure development is ecologically sensitive and secures biodiversity enhancements in accordance with the National Planning Policy Framework.
(Section 15, NPPF) |
16)
Any reserved matters application shall include a Public Art Plan which shall include the following information:
Management - who will administer, time and contact details, time scales / programme
Brief for involvement of artists, site context, background to development , suitable themes and opportunities for Public Art
Method of commissioning artists / artisans, means of contact, selection process / selection panel and draft contract for appointment of artists
Community engagement - programme and events
Funding - budgets and administration.
Timescales for the installation of the Public Art
Future care and maintenance.
The Public Art Plan shall be implemented in full and as approved unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure the development represents high quality development and provides local distinctiveness.
(Policies BE8 & H2, SBLPR and Section 12, NPPF) |
17)
No part of the development shall be occupied until a full residential travel plan has been submitted to and approved in writing by the Council, such a travel plan to include details of:
Predicted travel to and from the site and targets to reduce car use
Details of existing and proposed transport links, to include links to both pedestrian, cycle and public transport networks
Proposals and measures to minimise private car use and facilitate walking, cycling and use of public transport
Timetable for implementation of measures designed to promote travel choice
Plans for monitoring and review, annually for a period of 5 years at which time the obligation will be reviewed by the planning authority
Details of provision of cycle parking in accordance with Council guidelines
Details of marketing and publicity for sustainable modes of transport to include site specific welcome packs. Welcome packs to include;
Walking, cycling, public transport and rights of way information. Site specific travel and transport information
Travel vouchers
Details of relevant pedestrian, cycle and public transport routes to/ from and within the site
Copies of relevant bus and rail timetables
Details of the appointment of a travel plan co-ordinator
No part of the development shall be occupied prior to implementation of those parts identified in the Travel Plan [or implementation of those parts identified in the Travel Plan as capable of being implemented prior to occupation]. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.
Reason: To promote sustainable modes of travel and to reduce the potential traffic impact of the development on the local highway network.
(Section 9, NPPF) |
18)
The landscaping details required to be submitted by condition 1 of this permission shall include details of hard and soft landscaping (including details of boundary treatments and any public amenity open space, and Local Areas of Play / Local Equipped Areas of Play) together with a timetable for its implementation. The development shall be carried out as approved and in accordance with the approved timetable.
The soft landscaping scheme, which will include ecological enhancement measures, shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes at the time of their planting, and proposed numbers/densities where appropriate. For the avoidance of doubt, the soft landscaping scheme for the Spinney Pool part of the site shall provide a parkland setting for the dwellings upon the site.
The details required by condition 1 of this permission shall also include details of a scheme of management / maintenance of all the landscaping areas to ensure the areas are regularly maintained to a high standard for future residents. The landscaping areas, including any public amenity open space and Local Areas of Play / Local Equipped Areas of Play shall be managed thereafter in accordance with the approved management / maintenance details.
The scheme shall also include an up-to-date survey of all existing trees and hedgerows on and adjacent to the land, with details of any to be retained (which shall include details of species and canopy spread); measures for their protection during the course of development should also be included. Such agreed measures shall be implemented in accordance with a timetable to be agreed as part of the landscaping scheme.
Reason: To ensure that the appearance of the development would be high quality and would be maintained as such thereafter.
(Policies BE8 & H2, SBLPR and Sections 12 and 15, NPPF) |
19)
No development shall commence at the site before a foul water strategy has been submitted to and approved in writing by the Local Planning Authority in consultation with Anglian Water. No dwellings shall be occupied before the strategy has been completed.
Reason: To ensure that adequate foul drainage is provided and that existing and future land drainage needs are protected.
(Section 14, NPPF) |
20)
Any reserved matters application shall include a scheme for the secure storage of cycles on the site in accordance with the Council's standards. The approved scheme shall be fully implemented before the development is first occupied and thereafter retained for this purpose.
Reason: To ensure the provision of cycle parking to meet the needs of occupiers of the proposed development in the interests of encouraging the use of sustainable modes of transport.
(Section 9, NPPF) |
21)
Any reserved matters application shall include vehicle parking and/or garaging in accordance with the Council's standards applicable at the time of submission. This shall include the provision of electric car charging points. The approved scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose.
Reason: To ensure provision for car parking clear of the highway.
(Policy H2, SBLPR and Section 9, NPPF) |
22)
Any reserved matters application shall include a waste strategy scheme, to include details of all waste storage facilities, waste collection points and a scheme for the provision of all waste receptacles. The approved scheme shall be implemented in full before any of the dwellings hereby approved are first occupied and shall be retained thereafter.
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). |
23)
The details required by Condition 1 of this permission shall include a scheme of measures to mitigate the impacts of climate change and deliver sustainable and resource efficient development including opportunities to meet higher water efficiency standards and building design, layout and orientation, natural features and landscaping to maximise natural ventilation, cooling and solar gain. The scheme shall then be carried out in full in accordance with the approved scheme.
Reason: To ensure the development is resilient and adaptable to the impacts arising from climate change in accordance with the NPPF.
(Policy BE8, SBLPR and Section 14, NPPF) |
24)
The development hereby approved shall comprise no more than 150 units.
Reason: For the avoidance of doubt |
25)
No development shall take place until a Construction Management Plan detailing access arrangements for construction vehicles, on-site parking for construction workers, loading and unloading areas, materials storage areas, wheel cleaning arrangements and hours of construction work has been submitted to and approved in writing by the Local Planning Authority. The construction of the development shall be carried out in accordance with the approved Construction Management Plan.
Reason: The condition must be discharged prior to the commencement of the construction phase in the interest of highway safety and to ensure a satisfactory standard of construction and layout for the development.
(Policies BE8 & H2, SBLPR and Section 9, NPPF) |
26)
The development hereby permitted shall not be occupied or brought into use until the details of external lighting to be installed on the site, including the design of the lighting unit, any supporting structure 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 protect the safety and visual amenity of the site and its surrounding area.
(Policies BE8 & H2, SBLPR and Section 12, NPPF) |
27)
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan number 5123450/9 Rev H (insofar as it proposes the development access arrangements only).
Reason: To identify the approved plans and to avoid doubt. |
|
|---|