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Conditions or Reasons for Planning Application - CB/23/03199/REG3
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 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 discharge to existing 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 FRA & Drainage Strategy (Ref: Ardent, 2200580-03B, 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 limited to the equivalent 1 in 1 year rate, 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.
3) 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.
4) Notwithstanding the details submitted with the application, prior to the first use of the site, details of any external lighting provision shall be submitted to the Local Planning Authority for approval in writing. Details shall include the design of the lighting unit, any supporting structure and the extent of the area to be illuminated. The development shall be implemented and maintained in accordance with the approved details.

Reason: To limit the impact to the surrounding landscape, protected species and to achieve a high quality development, in accordance with Policy HQ1, EE3 and CC8 of the adopted Local Plan and the NPPF.
5) All ecological measures and/or works shall be carried out in accordance with the details contained in the Construction, Environmental and Traffic Management Plan as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

Reason: To ensure that works are ecologically sensitive and do not result in adverse impacts to protected species.
(Section 15 of the NPPF)
6) Prior to any above ground development, details of the construction materials including specific colours of the walls, fenestration and roof materials shall be submitted to and approved in writing to the Local Planning Authority. The development shall then be constructed in accordance with the approved details.

Reason
To ensure that the development is of high quality (Policy HQ1 of the CBC Local Plan).
7) Prior to the first use of the development, hereby approved, a Post-Construction Verification Report for Climate Change and Sustainability measures as set out in the submitted Energy and Sustainability Strategy Report, shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of sustainability, in accordance with Policy HQ1 and CC1 of the adopted Local Plan and the NPPF.
8) Prior to the occupation of the development hereby approved, details of the Signal-Controlled junction between the access road and Briggington Way shall be submitted to and approved in writing by the Local Planning Authority. The development will be constructed in accordance with the approved details unless amended as necessary by the technical and safety audit process. The junction will be open to traffic prior to the first use of the leisure centre.

Reason: To ensure that the proposal would not result in any highway safety issues (Policy T2 of the CBC Local Plan).
9) The landscaping scheme as shown on the approved plans shall be implemented by the end of the full planting season immediately following the completion of the building (a full planting season means the period from October to March).

Reason: To ensure an acceptable standard of landscaping, in accordance with Policy HQ1 and EE4 of the Local Plan, the adopted Design Guide and the NPPF
10) Prior to the first use of the development hereby approved, visibility splays shall be provided at all means of access from the site onto the estate road.  The minimum dimensions to provide the required splay lines shall be 2.0m measured along the centre line of the private means of access from its junction with the channel to the through road and 25m measured from the centre line of the access along the channel of the through road.  The vision splays required shall be provided and defined on the site by or on behalf of the developers and be entirely free of any obstruction.

Reason
To provide adequate visibility at road junction in the interest of road safety.
11) The development shall not be occupied until triangular vision splays are provided on each side of all accesses on to the access road and shall measure 1.8m along the fence, wall, hedge or other means of definition of the front boundary of that site, and 1.8m measured into that site at right angles to the same line along the side of that access.   The vision splays so described shall be maintained free of any obstruction to visibility exceeding a height of 600mm above the adjoining footway level.

Reason
To provide adequate visibility between the existing highway and the proposed accesses, and to make the accesses safe and convenient for the traffic which is likely to use them.
12) The development shall not be occupied until a scheme of directional traffic signage has been implemented in accordance details to be approved in writing by the local planning authority.

Reason
To reduce traffic congestion and promote road safety.
13) No above ground development shall begin until a pedestrian route to serve the disabled parking spaces to the entrance of the building has been submitted and approved in writing by the Local Planning Authority and no building shall be occupied until that route has been constructed in accordance with the approved details.

Reason
In the interest of safety of pedestrians within the site.
14) Prior to the occupation of the site, a Landscape Maintenance and Management Scheme shall be submitted to and approved writing to the Local Planning Authority.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, in accordance with Policy HQ1, EE4 and EE5 of the Local Plan, the adopted Design Guide and the NPPF.
15) The premises shall only be open to customers between the hours of 6 am to 10 pm Mondays to Fridays, 7 am to 10 pm on Saturdays and Sundays.

Reason: To safeguard the residential amenity which the occupiers of neighbouring properties might reasonably expect to enjoy.
(Section 12, NPPF)
16) The development shall not be occupied until a scheme to restrict the parking of vehicles (and to promote the setting down and picking up of passengers) along the access road has been implemented in accordance with details to be approved by the Local Planning Authority.

Reason
In the interest of highway safety and to reduce connection.
17) The development shall not be occupied until the detailed plans and sections of the access road (from Briggington Way to the access to the Leisure Centre's circulation carriageway), including gradients and method of surface water disposal have been approved by the Local Planning Authority and been constructed in accordance with the approved details.

Reason: To ensure that the proposed roadworks are constructed to an adequate standard.
18) Development shall not begin until the detailed plans and sections of the circulation carriageway and its vehicular and pedestrian areas serving the Leisure Centre), including visibility splays gradients and method of surface water disposal have been approved by the Local Planning Authority and no building shall be occupied until the section of road which provides access has been constructed in accordance with the approved details.

Reason: To ensure that the proposed roadworks are constructed to an adequate standard.
19) The maximum gradient of all vehicular accesses onto the estate roads shall be 10% (1 in 10).

Reason: In the interests of the safety of persons using the access and users of the highway.
20) 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.
21) Before development is occupied, a scheme for the parking of cycles on the site for employees shall be fully implemented in accordance with details to be approved by the Local Planning Authority.

Reason: To ensure the provision of adequate cycle parking to meet the needs of occupiers of the proposed development in the interests of encouraging the use of sustainable modes of transport.
22) Development shall not commence until a scheme detailing provision for on site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period.

Reason: To ensure adequate off street parking during construction in the interests of road safety.
23) Prior to the commencement of the development an ecological enhancement strategy shall be submitted to the Local Planning Authority for approval in writing. The EES shall include the following;
a) Review of the site potential and constraints
b) Purpose and conservation objectives for the proposed works
c) Detailed working methods to achieve stated objectives including locations of integrated bird and bee bricks boxes to be erected in accordance with RSPB guidelines on appropriate scale maps and plans
d) Type and source of materials to be used where appropriate, e.g.native species of local provenance.
e)Timetable for implementation demonstrating that works are aligned with proposed phasing of development.
f) Details of initial aftercare and long-term maintenance.

The EES shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: In the interest of providing a biodiversity improvements on site, in accordance with Policy HQ1, EE2 and EE3 of the adopted Local Plan and the NPPF.
24) Prior to occupation, details of the secure and covered parking of cycles on the site (including the internal dimensions of the cycle parking area, stands/brackets to be used and access thereto), shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose.

Reason: To ensure the provision of adequate cycle parking to meet the needs of occupiers of the proposed development in the interests of encouraging the use of sustainable modes of transport, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF.
25) Prior to the development being brought into use, details of the proposed Electric Vehicle Charging facilities shall be submitted to, and agreed in writing by, the Local Planning Authority. The scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose.

Reason: In order to promote sustainable patterns of travel, in accordance with Policy HQ1 of the adopted Local Plan and the NPPF.
26) Prior to the first occupation of the building hereby approved the fire hydrants serving the development shall be installed as approved. Thereafter the fire hydrants shall be retained as approved in perpetuity.

Reason: In order to ensure appropriate access to fire hydrants for use in the event of emergency in accordance with Policy HQ1 of the adopted Local Plan and the NPPF.
27) Prior to the first use of the site, details shall be submitted and approved in writing to the Local Planning Authority of any CCTV cameras and equipment to be installed on site. The cameras installed shall in accordance with the approved details.

Reason: To protect the surrounding landscape (Policy HQ1 and EE5 of the CBC Local Plan).
28) The development shall not be occupied until a Travel Plan has been submitted to and approved in writing by the Council, such a Travel Plan to include details of:
Joint working with other local employers and shared travel plan activities across the local 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 both 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 planning authority.
A screen permanently displaying the public transport serving Briggington Way in real time (so long as the Council's / bus companies realtime infrastructure allows for private displays at the point in time the Travel Plan is delivered).
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.

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.
29) No development above ground level shall commencement until details are 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 use of premises and from plant, machinery or equipment will not exceed existing 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 premises and plant, machinery or equipment operating together at maximum capacity. For school premises, noise shall not exceed 45dB LAeq,30min in the outdoor environment. 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 neighbouring land uses are not negatively impact by noise pollution (Policy CC8 of the CBC Local Plan)
30) Prior to use, machinery, plant or equipment, and extract and ventilation systems and ducting at the development shall be mounted with proprietary anti-vibration isolators and fan motors shall be vibration isolated from the casing and adequately silenced and maintained as such.

Reason: To ensure an acceptable level of amenity to surrounding users (Policy CC8 of the CBC Local Plan).
31) Prior to commencement of works, confirmation of the appointment of a suitably qualified contaminated land practitioner(s), appointed to provide watching brief, shall be submitted to the Local Planning Authority for approval. The appointed person(s) shall be present from the commencement of demolition and ground works until completion of landscape and hard surfaces. 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 ensure that the site is free of land contamination (Policy CC8 of the CBC Local Plan).
32) Prior to the occupation of the building and following completion of the works including remediation as found to be necessary during the watching brief and completion of ground gas monitoring, the developer should submit a Verification Report to the Local Planning Authority for approval. The Verification Report should provide confirmation that all measures outlined in the approved Remediation Strategy have been completed including where appropriate validation testing. 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 ensure that the land is free of contamination (Policy CC8 of the CBC Local Plan)
33) submitted to and approved in writing by the local planning authority. The Biodiversity Net Gain Plan will provide a plan detailing how habitats will be enhanced, created, secured, managed and monitored for 30 years to achieve a 10% net gain. The Biodiversity Net Gain Plan shall be supported by up to date survey work and include the following:
?? Details of the off-site area to be used, including maps and plans;
?? An updated biodiversity metric showing a 10% net gain;
?? Description and evaluation of the features to be managed;
?? 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;
?? Aims and objectives of the management plan, and appropriate management options for achieving aims and objectives;
?? Ecological trends and constraints on site which might influence its management;
?? A work schedule including planting and an annual work plan capable of being rolled forward over a 30-year period;
?? Details of the body or organization responsible for implementation of the plan; and
?? Ongoing monitoring and remedial measures. Include a long-term management plan with details of monitoring and remedial actions to be taken if enhanced or created habitats fail to attain the desired level of condition within predicted timescales.

To provide a Biodiversity Net Gain (Policy EE2 of the CBC Local Plan)
34) Throughout the entire course of development works, all construction operations shall adhere to the methodology specified in the "Arboricultural Impact Statement" namely Section 4 Tree Management Plan.

Reason: To ensure that all development operations conform to the requirements of good arboricultural practice, so as to prevent damage to retained trees where there has been an operational requirement to encroach into the designated Root Protection Areas of these trees, and where appropriate mitigation measures have been specified in the Arboricultural Method Statement.
35) Prior to development, and following any pre-development tree work, all tree protection barriers and ground protection shall be positioned and erected in strict accordance with the information and plans contained within the Arboricultural Impact Assessment (7042,AR,AIA,TA,RF,AC,16-11-2023,V3). The tree protection fencing and ground protection shall then remain securely in position throughout the entire course of development works.

Reason: To ensure that the designated Root Protection Areas of retained trees are suitably protected from all development activity, either by a Construction Exclusion Zone or adequate ground protection over their rooting systems.
36) Prior to occupation of the building hereby permitted the details of a waymarking scheme to direct pedestrians and cyclists through the proposed development and to and from key routes/destinations in the local area shall be submitted to the Local Planning Authority for approval in writing. The scheme should include a plan showing the location of the signs, signage details including the posts to be used, along with details of installation methods. The approved waymarking scheme shall be implemented in accordance with the approved details and shall be installed prior to occupation of the buildings hereby permitted.

Reason: In the interests of encouraging sustainable transport modes. (Section 9, NPPF)
37) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

2161-WWA-ZZ-ZZ-D-L-0301 P04, 2161-WWA-ZZ-ZZ-D-L-0302 P03, 2161-WWA-ZZ-ZZ-D-L-0303 P02, 2161-WWA-ZZ-ZZ-DR-L-0100-S1 P14, 14601-DB3-B01-XX-DR-A-20200 P09, 14601-DB3-B01-00-DR-A-20000-P09, 14601-DB3-B01-00-DR-A-90004-P07, 14601-DB3-B01-00-DR-A-90006-P07, 14601-DB3-B01-00-DR-A-90007-P03, 14601-DB3-B01-00-DR-A-90008-P03, 14601-DB3-B01-01-DR-A-20001-P09, 14601-DB3-B01-RF-DR-A-20002-P08, 14601-DB3-B01-XX-DR-A-20201-P08, 14601-DB3-B01-ZZ-DR-A-20300-P08, 14601-DB3-B01-ZZ-DR-A-20301-P08, 14601-DB3-B01-ZZ-DR-A-90000, 14601-DB3-B01-ZZ-DR-A-90001-P07, 14601-DB3-B01-ZZ-DR-A-90002-P11, 14601-DB3-B01-ZZ-DR-A-90005-P06, 14601-DB3-B01-ZZ-DR-A-90300-P06, 14601-DB3-B01-ZZ-DR-A-90301-P06, 14601-DB3-B01-ZZ-DR-A-90302-P07, 14601-DB3-B01-ZZ-DR-A-90303-P07, 14601-FUR-B01-XX-DR-D-00911 (P7), 14601-FUR-B01-XX-DR-D-00921 (P7), 14601-FUR-B01-XX-DR-D-00922 (P6), 14601-FUR-B01-XX-DR-D-00931, 14601-FUR-B01-XX-DR-D-00932, 14601-FUR-B01-XX-DR-D-00933, Arboricultural Impact Assessment dated 16th November 2023, Preliminary Ecological Appraisal dated 14th September 2023, Ecological Impact Assessment Report dated 27th November 2023, Energy and Sustainability Strategy Report Rev D, Drainage Stratagye dated October 2022 and Construction, Environmental and Traffic Management Plan Rev 0.

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


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