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Conditions or Reasons for Planning Application - CB/23/01183/VOC
Conditions or Reasons:
1) The development shall be constructed in the materials as approved under the discharge of Condition 2 of planning permission CB/17/02409/FULL, Plan No. S-01 Rev B in relation to materials only and email dated 08.01.19 confirming make of bricks

Reason: This condition is pre-commencement as materials are required to be order in advance of construction and in order to control the appearance of the building in the interests of the visual amenities of the locality and in the interest of biodiversity gain.
(Policies DM3 & DM15 of the Core Strategy for the North and Section 12 & 15, NPPF)
2) The development shall be constructed in accordance with the landscape details as approved under the discharge of Condition 3 of planning permission CB/17/02409/FULL, Plan No. FRM01 in relation to landscape only.

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.
(Policy CS14 of the Core Strategy for the North and Section 12, NPPF)
3) The development shall be carried out in accordance with the tree protection fencing details as approved under the discharge of Condition 4 of planning permission CB/17/02409/FULL, Plan No 6951-D-TPP.

The approved fencing shall be erected in the positions agreed and maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made.

Reason: To protect the trees so enclosed in accordance with Section 8 of BS 5837 of 2012 or as may be subsequently amended.
(Policy CS14 of the Core Strategy for the North and Sections 7 & 11, NPPF)
4) The development shall be carried out in accordance with the boundary treatment details as approved under the discharge of Condition 5 of planning permission CB/17/02409/FULL, Plan No. S-01 Rev B in relation to boundary treatment only. The boundary treatment shall be completed in accordance with the approved scheme before the buildings are occupied and be thereafter retained.

Reason: To safeguard the appearance of the completed development and the visual amenities of the locality.
(Policy DM3 of the Core Strategy for the North and Section 12, NPPF)
5) The first floor windows which serve bathrooms and en-suites of Plots 1, 9 & 10 in the south facing side elevations of the development hereby permitted shall be permanently fitted with obscured glass of a type to substantially restrict vision through it at all times and shall be non-opening, unless the parts of the windows which can be opened are more than 1.7m above the floor of the rooms in which the windows are installed. No further windows or other openings shall be formed in the first floor sides elevation facing south of plots 1, 9 & 10.

Reason: To safeguard the privacy of occupiers of adjoining properties.
(Policy DM3 of the Core Strategy for the North and Section 7, NPPF)
6) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015, or any amendments thereto, the garage accommodation on the site shall not be used for any purpose, other than as garage accommodation, 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.
7) Notwithstanding the provisions of Part 1, Class B 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 extensions to the roof space of the buildings hereby permitted 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 and in the interest of highway safety. (Policy DM3 of the Core Strategy for the North and Section 7, NPPF)
8) No building shall be occupied until the junction of the proposed vehicular access with the highway, and junction of the re-aligned access for no. 67 with the highway has been constructed in accordance with the approved details.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the premises.(Policy DM3 of the Core Strategy & Section 4 of the NPPF).
9) The development shall be carried out in accordance with the bin storage and collection point details as approved under the discharge of Condition 10 of planning permission CB/17/02409/FULL, Plan No. S-01. The bin collection areas shall be retained thereafter.

Reason: In the interest of amenity. (Policy DM3 of the Core Strategy for the North and Section 12, NPPF).
10) The development shall be carried out in accordance with the construction management plan as approved under the discharge of Condition 11 of planning permission CB/17/02409/FULL, Plan No. CMP1B.

The CTMP shall be implemented in accordance with the approved details for the duration of the construction/demolition period.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and the site.(Policy DM3 of the Core Strategy & Section 9 of the NPPF).
11) A footway shall be constructed on the north side of Fildyke Road from the western boundary of no. 63 Fildyke Road to the east boundary of no. 67 Fildyke Road of a minimum width of 1.2m in accordance with details of the approved drawing/or scheme to be submitted to and approved by the Local Planning Authority. The footway shall be constructed to the approved details within 80% of occupation of the proposal and shall be retained thereafter. Any Statutory Undertakers equipment or street furniture shall be resited to provide an unobstructed footway.

Reason: In the interests of road safety and pedestrian movement. (Policy DM3 of the Core Strategy for the North and Section 4 of the NPPF).
12) Prior to occupation, the proposed development shall be carried out and completed in all respects in accordance with the access siting and layout, replacement parking provision for no. 65, 3 visitor parking spaces, refuse collection point for nos. 8 and 9 illustrated on the approved drawing no. PL001K and defined by this permission and, notwithstanding the provision of the Town and Country Planning General Permitted Development Order 2015, (or any Order revoking or re-enacting that Order) there shall be no variation without the prior approval in writing of the Local Planning Authority.

Reason: To ensure that the development of the site is completed insofar as its various parts are interrelated and dependent one upon another and to provide adequate and appropriate access arrangements at all times.(Policy DM3 of the Core Strategy & Section 4 of the NPPF).
13) Prior to occupation, all ecological measures and/or works shall be carried out in accordance with the details contained in Part 6 of the September 2017 Ecological Survey.

Reason: To ensure all impacts from development on biodiversity are taken into account and mitigated.
(Section 11, NPPF)
14) The development shall be carried out in accordance with the drainage details as approved under the discharge of Condition 15 of planning permission CB/17/02409/FULL, Plan nos. 1102 Rev P01, 1104 Rev P01, 1105 Rev P01, 1105 Rev P02, SuDs Management Letter dated 25 Oct 2018 and SuDs Calculations Ref 516. The scheme shall be implemented in accordance with the approved final details before the development is completed, and shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

Condition 15 was only partially dischasrged and as such the following information should be submitted to and approved in writing by the Local Planning Authority before this condition can be discharged:

Legal agreement from any 3rd party to enable the surface water sewer through land must be secured.
Land drainage Consent under the Land Drainage Act 1991 must be secured to discharge surface water to the existing watercourse and details of this provided with the full detailed design. This should include discharge rate agreement. An easement should be provided on the developable side of the watercourse to allow for access for maintenance, this should be 9m but may depend on the maintenance requirements considered appropriate.
15) The development shall be carried out in accordance with the ground investigation details as approved under the discharge of Condition 5 of planning permission CB/17/02409/FULL, Plan No. Listers Supplementary Ground Investigation Report no 16.12.029a dated July 2017, amended 23 October 2018.

In addition validation information will be required once the remediation measures are completed, prior to occupation of the properties, to satisfy the remaining land contamination condition.

Reason: To ensure that the site is suitable for its end use and to protect human health and the water environment.
(Section 15, NPPF)
16) 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:

A Validation Report by means of which the effectiveness of the remediation implemented by any Remediation Method Statement shall be demonstrated to the Local Planning Authority (to incorporate photographs, certificates and depth measurements as required).
Any unexpected contamination discovered during works should be brought to the attention of the Planning Authority.
 
Reason: To ensure that any contamination which exists on the site is identified and properly dealt with in the interests of the residential amenity of the future occupiers of the site and of the surrounding area.
(Section 11, NPPF)
17) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers LO-001 (Site Location Plan), PL-001 Rev K (Site Layout Plan) including tracking dated 13.12.17, PL-010.1 Rev A (House Type A), PL-010.2 Rev A (House Type A1), PL-011 Rev B (House Type B), PL-012 Rev B (House Type C - Plot 6), PL-013 Rev A (House Type D), PL-014 Rev A (Garages), PL-015 (House Type C - Plots 5 & 8), 16025-2 Rev B (Topographical Survey), TRI Rev P01 (Freighter Tracking), Drainage Statement Rev A, Ecological Survey (Sept 17), Ground Investigation (March 2017) & Design & Access Statement (Sept 17).

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


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