<< Back to case
Conditions or Reasons for Planning Application - CB/22/04934/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 permission hereby granted shall endure for a period of 40 years from the date when electricity is first generated by the Solar Farm (the 'First Export Date'). Written confirmation of the First Export Date shall be provided to the Local Planning Authority no later than one calendar month after the event. Within six months, following the completion of the 40 year period, or the cessation of their use for electricity generating purposes, whichever is the sooner, the solar panels together with any supporting apparatus, mountings, cabling, foundations, inverter stations, fencing, CCTV cameras and other associated equipment shall be removed from the site and the land restored to agricultural use or to a condition to be agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is decommissioned and the land returned to its original use prior to the development in the interest of preserving the openness of the Green Belt and countryside.
(Policies SP4 and EE5, CBLP July 2021, and Sections 13 and 15, NPPF July 2021)
3) Prior to commencement of development, the junction between the proposed site access and the highway, as shown indicatively on plan ref 4357-DR-P-0005 Revision 1, shall be constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic. (See Notes to the Applicant)

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed estate road. (Section 9, NPPF)
4) Prior to commencement of development, visibility splays shall be provided at the junction of the access with the public highway. 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 141m looking right (west) and 166m looking left (east), measured from the centre line of the proposed access along the line of the channel of the public highway. Minimum forward visibility of 166m shall be provided for a westbound driver to a vehicle waiting to turn right into the site access. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility over 600mm above the carriageway level of Leighton Road.

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 9, NPPF)
5) Any gates provided shall open away from the highway and be set back a distance of at least 18 metres from the nearside edge of the carriageway of the adjoining highway.

Reason: To enable vehicles to draw off the highway before the gates are opened. (Section 9, NPPF
6) No development shall take place until the proposed vehicular access has been surfaced in bituminous or other similar durable material (not loose aggregate) for a minimum distance of 18m into the site, measured from the carriageway of the public highway, before the development commences. Arrangements shall be made for surface water drainage from the site to be intercepted and disposed of separately so that it does not discharge into the highway. (See Notes to the Applicant)

Reason: To avoid the carriage of mud or other extraneous material or surface water from the site into the highway so as to safeguard the interest of highway safety.(Section 9, NPPF)
7) Before the new access is first brought into use, any existing access within the frontage of the land to be developed, not incorporated in the access hereby approved shall be closed in a manner to the Local Planning Authority's written approval and constructed in accordance with the approved details. (See Notes to the Applicant)

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 9, NPPF)
8) No development shall take place until a Construction Traffic Management Plan, associated with the development of the site, has been submitted and approved in writing by the Local Planning Authority (in consultation with the Highway Authority for the A5) which will include information on:
a) The parking of vehicles
b) Loading and unloading of plant and materials used in the development
c) Storage of plant and materials used in the development
d) The erection and maintenance of security hoarding / scaffolding affecting the highway if required.
e) Wheel washing facilities
f) Measures on site to control the deposition of dirt / mud on surrounding roads during the development.
g) Footpath/footway/cycleway or road closures needed during the development period
h) Traffic management needed during the development period.
i) Times, routes and means of access and egress for construction traffic and delivery vehicles during the development of the site.
j) details of escorts for abnormal loads;
k) temporary removal and replacement of highway infrastructure and street furniture;
l) the reinstatement of any signs, verges or other items displaced by construction traffic;
m) banksman and escort details;
n) tracking diagrams (e.g. demonstrating vehicles turning within the site to leave in forward gear).
o) measures to reduce the number of trips in the peak network times during the construction phase and provide the trip distribution for the staff.

The approved Construction Management Plan associated with the development of the site shall be adhered to throughout the development process.

Reason: In the interests of safety, protecting the amenity of local land uses, neighbouring residents, highway safety and to avoid and limit impact on the Strategic Road Network.
9) No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall be informed by the ecological survey work supporting application
CB/22/04934/FULL and include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of 'biodiversity protection zones'.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that works are ecologically sensitive and do not result in adverse impact to species. (Section 15, NPPF)
10) A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the
development. The content of the LEMP shall be informed by the ecological survey work supporting application CB/22/04934/FULL and include the following.
a) Description and evaluation of features to be managed.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management.
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g) Details of the body or organization responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Reason: To ensure species are appropriately safeguarded and to ensure biodiversity net gain is achieved. (Section 15, NPPF)
11) Prior to development, a detailed Arboricultural Method Statement and Tree Protection Plan shall be submitted to the Local Planning Authority for approval, based on the findings stipulated in the supporting document "Outline Tree Protection Plan and Outline Arboricultural Method Statement" dated December 2022, as prepared by Arcus. The
approved, finalised Tree Protection Plan and Arboricultural Method Statement shall then be implemented in strict accordance with the agreed sequence of operations, with all tree protection barriers remaining securely in position throughout the entire course of development.

Reason: To maintain a secure Construction Exclusion Zone around all retained trees and hedging, so as to maintain their health, anchorage, screening, amenity and biodiversity value. (Section 15, NPPF)
12) This development falls partly within the Board's district and partly within the LLFA's. The Board acts as agent for the LLFA in regard to Land Drainage Act consenting. As such, no development shall take place within 9 m of a watercourse within the proposed development area without the prior consent of the Board. Development includes planting, fencing and landscaping. Land Drainage Act consenting requirements are separate to Planning law and not superseded by it.

Reason: To safeguard the watercourse (Section 14, NPPF)
13) No development 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 infiltration, 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 Drainage Strategy (Ref: ERM, 0669612, V1, November 2023) 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 via infiltration.

The applicant should address the following points 1 to 13 when submitting details to discharge the condition (See Notes to Applicant - 3)

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 Section 14 of the NPPF.
14) Prior to operation a finalised 'Maintenance and Management Plan' for the entire surface water drainage system, inclusive of any adoption arrangements and/or private ownership or responsibilities, shall be submitted to and approved in writing by the Local Planning Authority. The approved surface water drainage scheme shall be correctly and fully installed as per the final approved details prior to operation.

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, 18th December 2014.
15) No external lighting shall be installed on the site without the prior written approval of the local planning authority.

Reason: To ensure the development is ecologically sensitive, respects the landscape character of the area and does not adversely impact the openness of the Green Belt. (Section 12, 13 and 15, NPPF)
16) Prior to commencement of development, a detailed landscaping scheme for tree and hedgerow planting, including enhanced tree planting to screen the development and a landscape maintenance and management plan shall be submitted to the Local Planning Authority for approval. The scheme shall specify location, species, tree and plant sizes, numbers, planting densities and the timing of implementation of the scheme,  and shall be implemented in strict accordance with the approved details and Addendum Report - Proposed Hedgerow. The replacement hedgerow along the Leighton Road frontage shall be planted and established for a minimum of 2 years before the existing hedgerow is removed to facilitate the new access. The maintenance and management plan shall set out the measures for maintaining the landscaping for a period of 30 years from the date when electrical power is first exported. The approved scheme shall be implemented by the end of the full planting season immediately following implementation of the development (a full planting season means the period from October to March). The trees, shrubs and grass shall be subsequently 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 a suitably landscaping scheme is provided and is maintained to ensure its effective establishment. (Section 15, NPPF).
17) Prior to commencement of above ground works, full details of the colour finish of the control room, customer cabin, MV power station, CCTV poles and boundary treatment shall be submitted to in writing for approval of the Local Planning Authority. The approved development shall be constructed in accordance with the approved details.

Reason: To safeguard the character of the area. (Section 12, NPPF)
18) Prior to operation, full details of the means to implement the permissive footpath (as identified on dwg. no. 4312-DR-LAN-02 Rev. G) shall be submitted to the Local Planning Authority for approval. The scheme shall detail the mechanisms for delivery of the permissive footpath, signing details, details of benches and information boards. The permissive footpath shall be implemented in accordance with the approved details prior to operation and available for use for so long as the solar farm remains in existence.

Reason: To ensure the footpath is implemented and available for public use. (Section 12, NPPF)
19) This condition shall only be fully discharged when:

all elements of the archaeological fieldwork have been completed and the date of completion has been confirmed in writing by the Local Planning Authority
a final archaeological report or (if appropriate) a Post Excavation Assessment report and an Updated Project Design has been submitted to and approved in writing by the Local Planning Authority. This shall be done within 12 months of the date of completion of the archaeological fieldwork unless otherwise agreed in advance in writing by the Local Planning Authority
the post-excavation analysis as specified in the approved Updated Project Design (if one is prepared) has been completed.
the preparation of the site archives (including the completion of the archive report) for deposition at stores approved by the Local Planning Authority has been undertaken and confirmed in writing by the Local Planning Authority. For the digital archive this will include confirmation of the intention to deposit with a CoreTrustSeal certified repository dedicated to storing archaeological archives.
the publication report text has been prepared for submission to either a recognised archaeological journal or an approved final report is submitted to the Historic Environment Record, and this has been confirmed in writing by the Local Planning Authority.

Unless otherwise agreed in advance in writing by the Local Planning Authority, items 3, 4 and 5 of Part B of this condition shall be completed within 2 years of the archaeological fieldwork date of completion. Should the project not warrant the production of a Post Excavation Assessment report, an Updated Project Design and a publication text, Item 5 can be completed on the approval of the final archaeological report.

Reason: In line with policy HE1 of the Central Bedfordshire Local Plan 2015-2035 (adopted July 2021) and paragraph 205 of the National Planning Policy Framework (July 2021): to investigate and record any archaeological remains affected by the development, to safeguard the long-term future of the archive and to make the record of all the work publicly available.
20) 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)
21) 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)
22) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:
Planning Drawing 1 Site Location Plan
Planning Drawing 2 Existing Aerial Plan
Planning Drawing 3 Proposed Indicative Site Layout
Planning Drawing 4 Proposed Indicative Site Layout
Planning Drawing 6 Tracker Structure Elevation and Floorplan
Planning Drawing 7 MV Station Elevation and Floorplan
Planning Drawing 8 Control Room Elevation and Floorplan
Planning Drawing 9 Customer Cabin
Planning Drawing 10 Storage and Welfare Container Elevation and Floorplan
Planning Drawing 11 Track Road Section
Planning Drawing 12 Gate, fence and camera details
Planning Drawing 13 Waterless Loo
4312-DR-LAN-101 Rev G Landscape Mitigation Plan
4312-DR-LAN-103 Rev A Landscape Sections
4357-DR-P-0005 Site Access Junction General Arrangement
4312-PUB-022 Public Rights of Way Plan
4357-DR-P-0006 Site Access Junction Forward Visibility Splay Assessment
4357-DR-P-0004 Rev. 1 Site Access Junction Swept Path Analysis
4357-DR-P-0003 Rev. 1 Site Access Junction Visibility Splay Assessment

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


Return to Search | Close WindowTop of Page