| 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 building within the development hereby permitted shall be occupied until the scheme of highway works (comprising access arrangements, widening of the existing shared footway / cycleway, and new and relocated bus stops), as shown indicatively on plan ref 21066-BGL-XX-XX-SK-S-00008 Revision P11, has been constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic. In the event that the development proposed under application CB/21/04483/OUT proceeds in advance of or at the same time then, in addition to the works shown on plan ref 21066-BGL-XX-XX-SK-S-00008 Revision P11, the applicant shall provide the island in proximity to the southern bus stop (for northbound services) as a pedestrian refuge (as shown indicatively on plan ref 21066-BGL-XX-XX-SK-S-00006 Revision P8) rather than as a traffic island as proposed by that development.
Reason: To minimise danger, obstruction and inconvenience to users of the highway and of the proposed development accesses, and to encourage sustainable modes of travel. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
3)
Details of the siting and layout of bus stop infrastructure, to be in accordance with Central Bedfordshire's Bus Stop Guidance and Design and to include real time information screens, for the bus stops identified in the scheme of highway works that are the subject to Condition 2, shall be submitted to and approved in writing by the Local Planning Authority. Development shall proceed in accordance with the approved scheme.
Reason: In the interest of pedestrian and cyclist safety and convenience, and the encouragement of public transport use by occupiers of the proposed development. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
4)
For the avoidance of doubt, this permission does not extend to the central vehicular access to the site (shown as a roundabout and identified as an Outline element only on the Parameters Plan (F0025 Rev J), and representing a third access to the site). If a third access is required, details of this access, including an updated Stage 1 Road Safety Audit, shall be included within a reserved matters application for the review and approval by the Local Planning Authority.
Reason: To ensure the proposed development does not give rise to unacceptable highways impacts (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
5)
Visibility splays shall be provided at the northernmost site access junction with the public highway before the development hereby permitted is brought into use. The minimum dimensions to provide the required splay lines shall be 4.5m (x-distance) measured along the centre line of the proposed access from its junction with the channel of the public highway, and 134m (y-distance; looking right [north]) and 139m (y-distance; looking left [south]) measured from the centre line of the proposed access along the line of the channel of the public highway. In the event that development under application CB/21/04483/OUT has taken place on the opposite (western) side of the road then the minimum y-distance may be reduced to 120m as shown on the indicative plan ref 21066-BGL-XX-XX-SK-S-00006 Revision P8. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility.
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. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
6)
Visibility splays shall be provided at the southernmost site access junction with the public highway before the development hereby permitted is brought into use. The minimum dimensions to provide the required splay lines shall be 4.5m (x-distance) measured along the centre line of the proposed access from its junction with the channel of the public highway, and 137m (y-distance; looking right [north]) and 132m (y-distance; looking left [south]) measured from the centre line of the proposed access along the line of the channel of the public highway. In the event that development under application CB/21/04483/OUT has taken place on the opposite (western) side of the road then the minimum y-distance may be reduced to 120m as shown on the indicative plan ref 21066-BGL-XX-XX-SK-S-00006 Revision P8. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility.
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. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
7)
Any gates provided shall open away from the highway and be set back a distance of at least 17m from the public highway (including footway / cycleways).
Reason: To enable vehicles to draw off the highway before the gates are opened. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
8)
Unless otherwise agreed in writing by the Local Planning Authority, the maximum gradient of the site accesses shall be 4% (1 in 25) for the first 15m measured into the site from the nearside channel of the public highway.
Reason: The interests of the safety of persons using the access and users of the highway. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
9)
No development hereby permitted shall take place, excluding any works of demolition, until a Construction Traffic Management Plan, associated with the development of the site, has been submitted to and approved in writing by the Local Planning Authority which will include information on the following, as may be relevant to this site:
The parking of vehicles; Loading and unloading of plant and materials used in the development; Storage of plant and materials used in the development; The erection and maintenance of security hoarding / scaffolding affecting the highway if required Wheel washing facilities; Measures on site to control the deposition of dirt / mud on surrounding roads during the development; Footpath/footway/cycleway or road closures needed during the development period; Traffic management needed during the development period; Times, routes and means of access and egress for construction traffic and delivery vehicles (including the import of materials and the removal of waste from the site) during the development of the site; Details of escorts for abnormal loads; Temporary removal and replacement of highway infrastructure and street furniture; The reinstatement of any signs, verges or other items displaced by construction traffic; and Banksman and escort details.
The approved Construction Traffic Management Plan associated with the development of the site shall be adhered to throughout the development process.
Reason: To limit the impact of construction traffic, to ensure that the M1 continues to be an effective part of the national system of routes for through traffic, and to satisfy the reasonable requirements of road safety. (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
10)
In accordance with approved plan 02 Rev H (Luton Road Frontage Landscaping Plan), a planting specification shall be submitted to and approved in writing by the Local Planning Authority. Planting shall be implemented in accordance with the approved specification and by the end of the full planting season immediately following the completion and / or first use of any part of the development (a full planting season means the period from October to March). The planting shall subsequently be maintained in accordance with the approved landscape maintenance scheme and management arrangements outlined in 'Maintenance and Management Statement' (Barry Chinn Associates, Reference 2192/21/RP04), 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 EE1 and EE4, CBLP July 2021, and Section 15, NPPF July 2021) |
11)
The development hereby permitted shall be undertaken in full accordance with the Council's 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 July 2021) |
12)
The development hereby permitted shall be undertaken in full accordance with the Council's 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 July 2021) |
13)
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers P00001 Rev C, F0029 Rev C, P0002 Rev C, F0025 Rev J, 21066-BGL-XX-XX-SK-S-00005 Rev P9, 21066-BGL-XX-XX-SK-S-00006 Rev P8, 21066-BGL-XX-XX-SK-S-00007 Rev P9, 21066-BGL-XX-XX-SK-S-00008 Rev P11, 21066-BGL-XX-XX-SK-S-00009 Rev P5, 21066-BGL-XX-XX-SK-S-00011 Revision P1, and 02 Rev H.
Reason: To identify the approved plans and to avoid doubt. |
14)
Details of the layout, scale, appearance and landscaping and access, the latter only if a roundabout access to Luton Road is pursued, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins, and the development shall be carried out as 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. |
15)
An application for approval of the reserved matters shall be made to the Local Planning Authority not later than three 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. |
16)
An application for approval of the reserved matters shall be made in accordance with the approved Parameters Plan (F0025 Rev J), that establishes the following parameters:
A. Amount - up to 116,000 sq m of Class E(g)(iii)/B2/B8 uses to be accommodated within a minimum of two units and up to seven units, across a developable area of 22.52 hectares. B. Use - Use Classes E(g)(iii) light industrial/ B2 general industrial/ B8 storage and distribution and ancillary office accommodation. C. Scale - Maximum building to ridge height of 24m, with a finished floor level of 129-130m AOD (+/- 2m) and a maximum AOD building ridge height of 153-154m AOD (+/- 2m).
Reason: To control and limit the form and design of development. |
17)
An application for approval of the reserved matters shall include a Green Infrastructure Plan which shows how existing green infrastructure features will be protected and new green and blue infrastructure assets, including bioretention features, will be linked through and around the site providing connectivity to the wider landscape.
Reason: To ensure a net gain in green infrastructure. (Policy EE1, CBLP July 2021, and Section 15, NPPF July 2021) |
18)
The detailed plans to be submitted for approval of reserved matters shall include details of boundary treatment.
Reason: To ensure the finished appearance of the development is acceptable. (Policy HQ1, CBLP July 2021, and Section 12, NPPF July 2021) |
19)
An application for approval of the reserved matters shall include a Landscape and Ecological Management Plan (LEMP) and an updated biodiversity metric.
Reason: To ensure the development delivers net gains for biodiversity and these are managed in an appropriate manner. (Policy EE2, CBLP July 2021, and Section 15, NPPF July 2021) |
20)
In accordance with the submitted Sustainability Statement (Eight Associates, reference 6049 - Vauxhall Luton - Sustainability Statement-2110-07gd.docx), an application for approval of the reserved matters shall include: A detailed BREEAM strategy demonstrating that the proposal will achieve BREEAM Excellent rating must be submitted with the reserved matters application. A Post-Construction Verification Report with evidence that the BREEAM Excellent Certification has been achieved must be submitted within 12 months of completion of the development.
Reason: To demonstrate high quality sustainability standards. (Policy CC1, CBLP July 2021, and Sections 2 and 14, NPPF July 2021) |
21)
No development, excluding demolition, hereby permitted shall commence until a detailed surface water drainage scheme, to manage surface water runoff from the development for up to and including the 1 in 100 year event (+30%CC), via attenuation into a sewer authority system, and a maintenance and management plan for the scheme has been submitted to and approved in writing by the Local Planning Authority. The final detailed design shall be based on the agreed Flood Risk Assessment and Drainage Strategy (Burrows Graham, 21066-BGL-XX-XX-RP-D-00001 Version 3 and plan 21066-BGL-XX-XX-DR-S-00250, P3) 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 discharge rate from the development will be limited by the sewerage undertaker.
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, and to ensure that drainage associated with the site does not impact on or cause damage to adjacent railway assets. (Policies CC3 and CC5, CBLP July 2021, and Section 14, NPPF July 2021) |
22)
No building shall be occupied until the developer has formally submitted in writing to the Local Planning Authority 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 that the approved surface water drainage scheme has been correctly and fully installed as per the final approved details.
Reason: To ensure that the implementation and long term operation of a sustainable drainage system (SuDS) is in line with what has been approved. (Policies CC3 and CC5, CBLP July 2021, and Section 14, NPPF July 2021) |
23)
Prior to occupation of the development, a Public Art Plan shall be submitted to and approved in writing by the Local Planning Authority. The Public Art Plan shall be implemented in full and as approved unless otherwise amended in accordance with a review to be agreed in writing by the Local Planning Authority.
Reason: To enhance placemaking and quality in design. (Policies HQ1 and HQ7, CBLP July 2021, and Section 12, NPPF July 2021) |
24)
No development, excluding demolition, hereby permitted shall take place until a noise mitigation scheme, and the rating level of noise emitted by all fixed plant on the site, has been submitted to and approved in writing by the Local Planning Authority. The predictions, measurement and assessment of the plant shall be included and be in accordance with BS 4142:2014+A1. The approved scheme shall be installed and retained in accordance with those details thereafter.
Reason: To protect the amenity of neighbouring occupants. (Policies CC8 and HQ1, CBLP July 2021, and Section 12, NPPF July 2021) |
25)
No development, excluding demolition, hereby permitted shall take place until a Phase 2 investigation report, as recommended by the previously submitted Environmental Resources Management Ltd report dated 6th May 2020 (Ref: 0508378-04), 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.
Reason: To protect human health and to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990. (Policy CC8, CBLP July 2021, and Section 15, NPPF July 2021) |
26)
Prior to any permitted building being 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 to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990. (Policy CC8, CBLP July 2021, and Section 15, NPPF July 2021) |
27)
No development, excluding demolition, hereby permitted shall take place until a plan showing the locations of fire hydrants within the site have been submitted to and approved in writing by the Local Planning Authority. No buildings shall be occupied until the fire hydrants have been installed, and shall thereafter be retained.
Reason: To ensure sufficient provision of fire hydrants to meet the requirements of the proposed development. (Policy HQ1, CBLP July 2021, and Section 12, NPPF July 2021) |
28)
The development hereby permitted shall be undertaken in full accordance with the Council's 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 July 2021) |
29)
The development hereby permitted shall be undertaken in full accordance with the Council's 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 July 2021) |
30)
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers P00001 Rev C, F0029 Rev C, P0002 Rev C and F0025 Rev J.
Reason: To identify the approved plans and to avoid doubt. |
31)
If a third central vehicular access to the site (shown as a roundabout and identified as an Outline element only on the Parameters Plan (F0025 Rev J)) is required, details of this access, including an updated Stage 1 Road Safety Audit, shall be included within a reserved matters application for the review and approval by the Local Planning Authority.
Reason: To ensure the proposed development does not give rise to unacceptable highways impacts (Policy T2, CBLP July 2021, and Section 9, NPPF July 2021) |
32)
An application for approval of the reserved matters shall include a scheme for the charging of electric and ultra-low emission vehicles, to accord with the Council's Adopted Supplementary Planning Document Electric Vehicle Charging: Guidance for New Developments, 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. (Policy T5, CBLP July 2021, and Section 9, NPPF July 2021) |
33)
No development, excluding demolition, hereby permitted shall take place until a Phasing Plan has been submitted to and approved in writing by the Local Planning Authority, which shall identify each severable Phase. The development shall only be implemented in accordance with the approved Phasing Plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a satisfactory standard of development and to ensure the development takes place in a phased and timely manner. |
34)
The demolition hereby permitted shall be carried out in accordance with the Method Statement No: 01 (City Demolition, 7 October 2022), Environment Plan (City Demolition, 11 October 2022) and Ecological Assessment (Ecology Solutions, November 2021). Reason: To ensure the impact of demolition on environmental matters is satisfactorily controlled. |
35)
No development hereby permitted shall take place until a scheme for dust suppression to protect nearby properties has been submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved scheme.
Reason: To ensure that the impact of the development on the environment is satisfactorily controlled. (Policy CC8, CBLP July 2021, and Section 12, NPPF July 2021) |
36)
No development, excluding demolition, hereby permitted shall commence until an updated Framework Travel Plan has been submitted to and approved in writing by the Local Planning Authority; such a Travel Plan shall include details of:
Joint working with other local employers and shared travel plan activities across the local industrial area. Predicted travel to and from the site and targets to reduce car use for both visitors and staff. Details of existing and proposed transport links, to include links to 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 within 6 months of occupation and then annually for a period of 5 years at which time the obligation will be reviewed by the Local Planning Authority. Details of provision of cycle parking in accordance with Central Bedfordshire guidelines. Details of site-specific marketing and publicity information, to include: Site specific travel and transport information. Incentives for sustainable travel. 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. An Action Plan listing the measures to be implemented and timescales for this. Details of the transfer of the Travel Plan obligation to the future occupier. No part of the development shall be occupied prior to 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 as being capable of implementation after occupation shall be implemented in accordance with an agreed timetable 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. (Policy T1, CBLP July 2021, and Section 9, NPPF, July 2021) |
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