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Conditions or Reasons for Planning Application - CB/23/00080/OUT
Conditions or Reasons:
1) Details of the appearance, landscaping, layout, and scale, (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.
2) Application for the approval of the reserved matters shall be made to the Local Planning Authority within 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.
3) The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters 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.
4) The submission of any reserved matters application, pursuant to this outline permission, shall include a mix of housing types and sizes, and shall demonstrate how the proposed mix and tenure types meets identified housing needs.

Reason: To ensure that the overall mix of dwellings across the site as a whole contains a mix of residential units providing accommodation in a range of types, sizes and affordability, to meet identified housing needs, in accordance with up to date Strategic Housing Market Assessment and/or Local Housing Needs Surveys, in accordance with Policy H1 of the Local Plan.
5) Any subsequent reserved matters application shall include the following:

Existing and proposed floor plans (designed in accordance policy H2 which includes a policy compliant provision of M4(2) Accessible and Adaptable dwellings of the Building Regulations, and 3 affordable units designed in accordance with M4(3) Wheelchair Accessible dwellings of the Building Regulations);
Existing and proposed elevational plans;
A detailed soft and hard landscape plan;
Site levels with cross sections;
A proposed material schedule;
A detailed site and block plan;
A boundary treatment plan;
A detailed planting schedule;

Reason: To ensure that acceptable details are provided with any future reserved matters application.
(Policy HQ1, CBLP)
6) Any application for the approval of reserved matters pursuant to Layout or Landscaping details under condition 1 of this permission, shall include a Landscaping and Public Open Space scheme, including details of phasing/timescales for implementation of all landscaping and public open spaces. The public open space scheme shall include the provision of public open space, consisting of Informal Recreation Areas, Large Formal Recreation Areas and Small Amenity Spaces. The scheme shall include details of the location, layout, and size of each open space, as well as details of proposed planting, boundary structures, furniture and surfacing materials. The development shall be carried out as approved and in accordance with the approved phasing and timescales.
Reason: To ensure an acceptable provision of public open space within the site and to ensure the visual impacts of the development would be mitigated, in accordance with Policy HQ1 of the CBLP.
7) No development above ground level shall take place until a Public Open Space Maintenance and Management Plan which incorporates a Landscape Maintenance Scheme and a Ecological Enhancement Management Plan, has been submitted to and approved in writing by the Local Planning Authority. The public open spaces, trees, shrubs, grass and ecological enhancement features shall subsequently be maintained in accordance with the approved scheme and any ecological features, trees, shrubs or grass which die or are destroyed shall be replaced in accordance with the Management Plan.

Reason: To ensure maintenance of public open spaces and landscaping, as well as a net gain for biodiversity, in accordance with Policy HQ1 of the Local Plan.
8) 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 the survey work accompanying the application and include the following:

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.
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 survey work accompanying the application 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 development is ecologically sensitive and secures biodiversity enhancements in accordance with the National Planning Policy Framework.
10) A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to any above ground development taking place. The content of the LEMP shall be informed by the survey work accompanying the application 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 development is ecologically sensitive and secures biodiversity enhancements in accordance with the National Planning Policy Framework.
11) 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 prepared by a suitably qualified person adhering to BS 10175 and CLR 11 documenting the ground and material conditions of the site with regard to potential contamination.

No occupation of any permitted building shall take place until the following has been submitted to and approved in writing by the Local Planning Authority: Where shown to be necessary by the Phase 1 Desk Study, a Phase 2 Site Investigation adhering to BS 10175 and CLR 11, incorporating all appropriate sampling, prepared by a suitably qualified person.

Where shown to be necessary by the Phase 2 Site Investigation a detailed Phase 3 Remediation Scheme (RS) prepared by a suitably qualified person, with measures to be taken to mitigate any risks to human health, groundwater and the wider environment, along with a Phase 4 validation report prepared by a suitably qualified person to confirm the effectiveness of the RS.

Any such remediation/validation should include responses to any unexpected contamination discovered during works.

Reason: To protect human health and the environment in accordance with Policy CC8 of the Central Bedfordshire Local Plan.
12) No development above slab level until a scheme for protecting proposed dwellings from noise from the road and noise from the adjacent commercial units has been submitted and approved in writing by the local planning authority. Any works which form part of the scheme approved by the local planning authority shall be completed before any permitted dwelling is occupied, unless an alternative period is approved in writing by the Authority. The scheme shall include details of noise barriers, building insulation, window glazing and alternative ventilation strategy for the proposed dwellings. The scheme shall ensure that internal noise levels from all noise sources shall not exceed 35 dBLAeq, 07:00-23:00 in any habitable room or 30 dB LAeq, 23:00-07:00, and 42 dB LAFmax 23:00-07:00, inside any bedroom and that noise levels in any external amenity area shall not exceed 55 dB LAeq,1hr, within the first 5m from the building façade to which the amenity area relates.

Reason To protect the amenity of future residents of the proposed dwellings.
(Policies HQ1 and CC8, CBLP)
13) No above ground level 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 (+40%CC), via attenuated discharge to existing watercourse, 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: ) 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 to 4.32l/s (total), or an appropriate rate as agreed by the Bedford Group of Internal Drainage Boards.

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.
14) No building/dwelling 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, in accordance with Written Statement HCWS161, 18th December 2014.
15) Prior to the construction above damp proof course, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any occupations, the foul water drainage works relating to that phase must have been carried out in complete accordance with the approved scheme.

Reason To prevent environmental and amenity problems arising from flooding
(Policy CC5, CBLP)
16) The junction between a future estate road within the site and the highway shall be carried out in exact accordance with the details shown on plan no. 3905-F01 Rev E, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
(Policy T2, CBLP)
17) No building shall be occupied until approved plans as listed in condition 15 has been constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.
(Policy T2, CBLP)
18) The maximum gradient of the vehicular access shall be 10% (1 in 10).

Reason: In the interests of the safety of persons using the access and users of the highway.
(Policy T2, CBLP)
19) No dwelling shall be occupied until a 2.0m wide footway/cycleway has been constructed on the South side of Leighton Road for the entire length of the frontage of the site in accordance with details of the approved drawing/or scheme to be submitted to and approved by the Local Planning Authority. Any Statutory Undertakers equipment or street furniture shall be resited to provide an unobstructed path.

Reason: To promote sustainable modes of transport and to aid pedestrian safety.
(Policy T2, CBLP)
20) No dwelling shall be occupied until the existing Bus stop shelter has been moved clear of the new 2.0m wide footway/cycleway on the South side of Leighton Road and the western end of the site in accordance with details of the approved drawing/or scheme to be submitted to and approved by the Local Planning Authority.

Reason: To promote sustainable modes of transport and to aid pedestrian safety
(Policy T2, CBLP)
21) 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.

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 T2, CBLP)
22) No development shall commence until an updated sustainability statement has been submitted and approved in writing by the Local Planning Authority. The sustainability statement should set out how the development aims to tackle climate change in accordance with the requirements of Policy CC1 of the Local Plan.

Reason: To ensure a satisfactory standard of design for development that embraces the measures to reduce the impact of climate change and provides a sustainable form of development in compliance with policy CC1 of the Central Bedfordshire Local Plan and the National Planning Policy Framework.
23) A verification report shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwelling. The verification report shall demonstrate how the development and each dwelling has been designed and constructed in accordance with the approved sustainability statement, required by condition 22.

Reason: To ensure a satisfactory standard of design for development that embraces the measures to reduce the impact of climate change and provides a sustainable form of development in compliance with policy CC1 of the Central Bedfordshire Local Plan and the National Planning Policy Framework.
24) The development hereby permitted shall not be carried out except in accordance with the details shown on the submitted plans, numbers:
AYE0794-007 Rev B;
AYE0794-001 Rev A.

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


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