<< Back to case
Conditions or Reasons for Planning Application - CB/23/01234/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) Unless the Council agree in writing that a set extent of development must commence to enable compliance with this condition, no development shall commence until, a remediation method statement is submitted to and approved in writing by the Council. This statement shall detail any required remediation works and shall be designed to mitigate any remaining risks identified in the approved quantitative risk assessment. All works must be carried out in compliance with and by a competent person who conforms to Land Contamination Risk Assessment (LRCM) guides.
Reason: To protect human health and to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990.
3) Unless the Council agree in writing that a set extent of development must commence to enable compliance with this condition, no development shall commence until the approved remediation method statement has been carried out in full and a verification report confirming these works has been submitted to, and approved in writing, by the Council. This report shall include details of the remediation works carried out; results of any verification sampling, testing or monitoring including the analysis of any imported soil; all waste management documentation showing the classification of waste, its treatment, movement and disposal; and the validation of gas membrane placement. If, during development, contamination not previously identified is found to be present at the site, the Council is to be informed immediately and no further development (unless otherwise agreed in writing by the Council) shall be carried out until a report indicating the nature of the contamination and how it is to be dealt with is submitted to, and agreed in writing by, the Council. Any required remediation shall be detailed in an amendment to the remediation statement and verification of these works included in the verification report. All works must be carried out in compliance with and by a competent person who conforms to Land Contamination Risk Assessment (LRCM) guides.

Reason: To protect human health and to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990.
4) Prior to commencement of the development, details shall be submitted to and approved in writing by the Council, of the external sound level emitted from plant/ machinery/ equipment and mitigation measures as appropriate. The measures shall ensure that the external sound level emitted from plant, machinery/ equipment shall not exceed the background sound level at the time. The assessment shall be made in accordance with BS4142:2014 at the nearest and/or most affected noise sensitive premises, with all machinery operating together at maximum capacity. A post installation noise assessment shall be carried out where required to confirm compliance with the sound criteria and additional steps to mitigate noise shall be taken, as necessary. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To ensure that the proposal does not result in any acceptable noise pollution
5) Prior to commencement of the development], a noise assessment shall be submitted to the Council for approval of external noise levels incl. reflected and re-radiated noise and details of the sound insulation of the new dwelling building envelope and of acoustically attenuated mechanical ventilation as necessary to achieve internal room and if provided external amenity noise standards in accordance with the criteria of BS8233:2014. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To ensure that the proposal does not result in any acceptable noise pollution
6) Prior to occupation of any part of the development, details of external artificial lighting shall be submitted to and approved in writing by the Council. Lighting contours shall be submitted to demonstrate that the vertical illumination of neighbouring premises is in accordance with the recommendations of the Institution of Lighting Professionals in the 'Guidance Notes for the Reduction of Obtrusive Light'. Details should also be submitted for approval of measures to minimise use of lighting and prevent glare and sky glow by correctly using, locating, aiming and shielding luminaires. Lighting colour shall be warm in appearance and not exceeding a temperature of 3000 kelvin (K). Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To protect the character and appearance of the area, neighbouring amenity and protected species.
7) No above ground development shall take place, notwithstanding the details submitted with the application, until details of the materials to be used for the external walls, roofs and fenestration 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.
(Policy HQ1 of the CBC Local Plan and Section 12, NPPF)
8) Prior to occupation of the buildings a landscaping scheme to include all hard and soft landscaping as well as boundary treatment and a scheme for landscape maintenance for a period of five years following the implementation of the landscaping scheme shall be 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.
(Sections 12 & 15, NPPF)
9) Within three months of the existing store being relocated, the existing siting of the store shown on plan number 2750-06A shall be cleared of all detritus.

Reason: To protect the openness of the greenbelt (Policy SP4 of the CBC Local Plan and Chapter 13, NPPF)
10) Development shall not begin until details of the junction of the proposed vehicular access with the highway have been approved in writing by the Local Planning Authority and no building shall be occupied until the junction 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 T2 of the CBC Local Plan).
11) Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises.
12) Before either of the accesses are brought into use an area of land across the whole of the site frontage measuring at 2.0m from and parallel to the nearside edge of the adjacent road carriageway shall be provided and dedicated as highway verge and thereafter be kept free of all obstruction to visibility.

Reason: To provide adequate visibility between the existing highway and the proposed accesses and to make the accesses safe and convenient for the traffic that is likely to use them.
13) Any gates provided shall open away from the highway and be set back a distance of at least 7.5 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.
14) 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.
15) Before either of the new accesses are 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.
16) Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises.
17) Development shall not begin until details of a turning area suitable for small heavy goods vehicle within the area in front of the industrial units has been approved by the Local Planning Authority. The area shall be surfaced or delineated in a difference differentiate between that area a private area allocated to the individual dwelling. No building shall be occupied until that turning area has been constructed in accordance with the approved details.

Reason: To enable vehicles to draw off, park and turn outside the highway limits thereby avoiding the reversing of vehicles on to the highway.
18) Development shall not begin until details of a turning area suitable for a rigid heavy goods vehicle within the confines at the rear of the industrial units has been approved by the Local Planning Authority. The area shall be surfaced or delineated in a difference differentiate between that area a private area allocated to the individual dwelling. No building shall be occupied until that turning area has been constructed in accordance with the approved details.

Reason: To enable vehicles to draw off, park and turn outside the highway limits thereby avoiding the reversing of vehicles on to the highway.
19) 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)
20) The workshops and store shall only be used between the hours of 8 am to 6 pm Mondays to Fridays, 8 am to 1 pm on Saturdays, and not at all on Sundays and Bank Holidays.

Reason: To safeguard the residential amenity which the occupiers of neighbouring properties might reasonably expect to enjoy.
(Section 12, NPPF)
21) Notwithstanding the provisions of Part 1, Class A, AA or 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 building(s) 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 openness of the greenbelt.
(Section 13, NPPF)
22) Notwithstanding the provisions of Part 1 Class E of Schedule 2 to the Town and Country (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no buildings or other structures shall be erected or constructed within the curtilage of the property without the grant of further specific planning permission from the Local Planning Authority.

Reason: To control the development in the interests of the openness of the greenbelt.
(Section 13, NPPF)
23) No development (excluding demolition of the existing buildings and structures on site) 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)
24) Prior to the construction of vehicular parking areas associated with the approved development, a scheme for the charging of electric vehicles for the dwelling and the commercial units shall be submitted to and approved in writing by the Local Planning Authority. Subsequently, the development shall be completed in accordance with these approved details.

Reason: To assist with the transition to low-emission vehicles in line with Policy T5 of the CBC Local Plan.
25) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 3377-02, 2750-06A, 2750-07B, 3377-01B, Site Location Plan, 3377-04 and 3377-03.

Reason: To identify the approved plan/s and to avoid doubt.
26) The development shall not be occupied or brought into use until the parking scheme shown on the approved scheme has been completed. The scheme shall thereafter be retained solely for this purpose.

Reason: To ensure provision for car parking clear of the highway.
27) No goods, waste or other materials shall be stored, stacked or deposited outside the building(s) to a height exceeding 3 metres.

Reason: To safeguard the residential amenity of neighbouring properties and the openness of the Green Belt (Section 12 and 13, NPPF)


Return to Search | Close WindowTop of Page