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Conditions or Reasons for Planning Application - CB/20/04134/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) 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 first occupation of the development. 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 minimise and prevent pollution of the land and the water environment and in accordance with national planning policy guidance set out in section 11 of the National Planning Policy Framework, and in order to protect human health and the environment.
3) No development shall take place until an Ecological Enhancement Strategy (EES) for the creation of new wildlife features such as hibernacula, the inclusion of integrated bird/bat and bee boxes in buildings/structures, hedgehog holes in fences and tree, hedgerow, shrub and wildflower planting/establishment has been submitted to and approved in writing by the local planning authority. The content shall be informed by an up to date Ecological Appraisal of the site and 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;
f) details of initial aftercare and long-term maintenance.

The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To ensure development is ecologically sensitive and secures biodiversity enhancements in accordance with the National Planning Policy Framework.
4) No above ground development shall take place until a scheme for protecting the proposed dwellings from noise from road and rail traffic and from activities undertaken at Millbrook Proving Grounds has been submitted to and approved in writing by the local planning authority. 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: To protect the amenity of future occupiers of the development (Section 15, NPPF).
5) No development shall take place until the final detailed design of the proposed drainage has been submitted to and approved in writing by the local planning authority. The design shall be based on the agreed drainage statement and associated drawings (Ref: 21-OP-1172, October 2021) and DEFRAs Non-statutory technical standards for sustainable drainage systems (March 2018) and shall be implemented and maintained as approved. Maintenance will ensure the system functions as designed for the lifetime of the development. Any variation to the connections and controls indicated on the approved drawing which may be necessary at the time of construction would require the resubmission of those details to the Local Planning Authority for approval. The details shall include:

The discharge rate from the development will be via soakaway.
Culverting of existing watercourses will not be permitted.
Any watercourses within or adjacent to the site should be included in the maintenance and management plan, even if there is no discharge to them.

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 CBC Local Policy CC3 to CC5 and NPPF Paras 159 to 169 inclusive of foot notes 54 to 56 and its supporting technical guidance.
6) No development above slab level shall take place 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 and to provide trees on site in accordance with Policy EE9 of the Central Bedfordshire Local Plan 2015-2035 and Sections 12 and 15 of the NPPF.
7) No development 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 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.
(Section 12, NPPF)
8) A scheme shall be submitted for approval in writing 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 use hereby permitted is commenced / before the building(s) is/are occupied] and be thereafter retained.

Reason: To safeguard the appearance of the completed development and the visual amenities of the locality.
(Section 12, NPPF)
9) Prior to the construction of vehicular parking areas associated with the approved dwellings, a scheme for the charging of electric and ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall accord with Policy T5 of CBLP and shall include the following:
Details of active charging posts or passive provision such as cabling and electricity supply for each dwelling.
Timescales / triggers for implementation of the scheme.

The development shall be completed in accordance with these approved details including the agreed timescales / triggers.

Reason: To assist with the transition to low-emission vehicles in line with Policy T5 of the CBLP and paragraph 110 of the National Planning Policy Framework.
10) The development hereby permitted shall be undertaken in full accordance with the Councils adopted Environmental Code of Practice https://www.centralbedfordshire.gov.uk/info/44/planning/674/codes_of_practice_for_planning/3

Reason: In order to minimise the impact of development on existing trees, landscape features and biodiversity (Section 15, NPPF)
11) The development hereby permitted shall be undertaken in full accordance with the Councils adopted Construction Code of Practice for Developers and Contractors https://www.centralbedfordshire.gov.uk/info/44/planning/674/codes_of_practice_for_planning.

Reason: In order to minimise the impact of construction work on the amenities of nearby residential properties (Section 12, NPPF)
12) No building shall be occupied until the widened junction of the proposed vehicular access with the highway has been constructed in accordance with the approved details and the access at the north of the site closed and re-instated including replacement verge and full height kerbs.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises and in the interest of road safety and to reduce the number of
points at which traffic will enter and leave the public highway. (Section 9, NPPF)
13) Any gates provided shall open away from the highway and be set back a distance of at least 5.0m from the nearside edge of the carriageway of the
adjoining highway. The gates shall be free of obstruction to opening to all vehicles entering the site to allow use of the manoeuvring area.

Reason: To enable vehicles to draw off the highway before the gates are opened and to allow vehicles to turn within the site and leave in forward gear. (Section 9, NPPF)
14) Before the premises are occupied all on site vehicular areas shall be surfaced in a stable and durable materials in accordance with details to be approved in writing by the Local Planning Authority. Arrangements shall be made 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.

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 satisfactory parking of vehicles outside highway limits. (Section 9, NPPF)
15) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, or any amendments thereto, the parking provision including visitor parking on the site shall not be used for any purpose, other than as parking provision unless permission has been granted by the Local Planning Authority on an application made for that purpose.

Reason: To retain off-street parking provision and thereby minimise the potential for on-street parking which could adversely affect the convenience of road users. (Section 9, NPPF)
16) The refuse collection point shown on the approved drawing no. OAK-171 PL0-01 Sheet 01 shall be fully implemented prior to occupation of any dwelling and shall be retained thereafter.
Reason: In the interest of amenity and in order to minimise danger, obstruction and inconvenience to users of the highway and the premises. (Section 9, NPPF)
17) All dwellings hereby approved must comply with the optional water efficiency standard of 110 litres per person per day as detailed by Regulation 36(2)(b) of Part G of Schedule 1 and Regulation 36 to the Building Regulations 2010 (as amended).

Reason: To ensure the efficient use of water in accordance with Policy CC1 of the Central Bedfordshire Local Plan 2015-2035 and the NPPF Section 14.
18) No development shall take place until details of the existing and final ground and slab levels of the buildings hereby approved have been 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 an acceptable relationship results between the new development and adjacent buildings and public areas. (Section 12, NPPF)
19) Notwithstanding the provisions of Part 1, Class A 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 side extensions to the building(s) hereby permitted for Plot 1 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 building/s in the interests of the amenities of the area. (Section 12, NPPF)
20) Plot 3 shall be delivered in accordance with approved drawings OAK-171-PL0-4 and OAK-171-PL0-05 to meet Category 2 Requirement MA (2) adaptable homes (or and new or revised regulations that revoke or modify the Building Regulations).

Reason: To ensure appropriate housing design for a wide age range of the population in accordance with Policy H2 of the Central Bedfordshire Local Plan 2015-2035 and the NPPF Section 5.
21) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers: Existing Location and Proposed Site Plans OAK-171-PL0-01, Plots 1-2 Proposed Floor Plans and Elevations OAK-171-PL0, Plots 3-5 Proposed Ground Floor Plans and Elevations OAK-171-PL0-04, Plots 3-5 Proposed First Floor Plans OAK-171-PL0-05, Proposed Drainage Strategy 20-OP-1172 A2/002 Rev A, Drainage Construction Details 21-OP-1172 A1/002 Rev A.

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


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