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Conditions or Reasons for Planning Application - CB/23/03448/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 development hereby permitted shall not commence above slab level until details of external materials to be used for walls, roofs, windows and doors have been submitted to and approved in writing by the Local Planning Authority. The development shall proceed in accordance with the approved details and thereafter retained.

Reason: To control the appearance of the development in the interests of the visual amenities of the locality.
(Policy HQ1, CBLP July 2021, and Section 12, NPPF December 2024)
3) The development hereby permitted shall not commence until, and for the avoidance of doubt, prior to undertaking any access works, demolition works, or site clearance, a scheme of highways works, including details of the access and footway works as shown indicatively on plan ref. JJD/2239/33C, and associated traffic calming measures to Bedford Road, covering a distance of no more than 120m to the north and 120m to the south of the site access junction, has been submitted to and approved in writing by the Local Planning Authority. Any scheme shall make appropriate allowance for any existing or proposed junctions and access points; and include any necessary drainage and street lighting.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
4) The development hereby permitted shall not be occupied until the scheme of highways works agreed under condition 3, amended as necessary by the detailed design, technical audit, and safety audit processes, has been completed and fully opened for use.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed estate road.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
5) Visibility splays shall be provided at the junction of the access with the public highway before the development is brought into use. 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 43.0m measured from the centre line of the proposed access along the line of the channel of the public highway in both directions. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility.

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.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
6) Driver-pedestrian intervisibility splays, as detailed on plan ref. JJD/2239/33C, shall be provided at all individual and shared private means of access before being first brought into use. The triangular vision splays shall be provided on each side of the access and shall be 2.8m measured along the back edge of the highway (including footway, where present) from the centre line of the anticipated vehicle path, to a point 2.0m measured from the back edge of the highway (including footway, where present) into the site along the centre line of the anticipated vehicle path. The vision splays so described and on land under the applicant's control (and subsequently a dwelling occupier's control, where relevant) shall be maintained free of any obstruction to visibility exceeding a height of 0.6m above the adjoining highway level.

Reason: To provide adequate intervisibility between the drivers emerging from private accesses and pedestrians using the highway.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
7) Visibility splays shall be provided at any internal junctions within the site, with minimum dimensions of 2.4m measured along the centre line of the side road from its junction with the channel to the through road and 17.0m measured from the centre line of the side road along the channel of the through road; and forward visibility splays of 17m shall be provided at any bends within the site (measured from and to the centreline of the nearside lane). 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 junctions and bends in the interest of road safety.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
8) The maximum gradient of a private access / driveway 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 July 2021, and Section 9, NPPF December 2024)
9) No dwelling hereby permitted shall be occupied until the carriageway(s) (including surface water drainage/disposal, vehicular turning head(s) and street lighting) providing access from the nearest public highway to that dwelling has been completed to at least binder course level and the footway(s) to surface course level.

Reason: To ensure a satisfactory means of access for occupants of the development.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
10) No dwelling hereby permitted shall be occupied until the respective vehicular areas have been surfaced in stable and durable materials in accordance with details to be submitted and approved in writing by the Local Planning Authority. Arrangements shall be made for surface water drainage from private areas of the site to soak away within the site so that it does not discharge into the highway or into the main drainage system.

Reason: To avoid the carriage of mud or other extraneous material or surface water from the site so as to safeguard the interest of highway safety and reduce the risk of flooding and to minimise inconvenience to users of the premises and ensure satisfactory parking and turning for vehicles.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
11) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 or any amendments thereto, the parking provision for the site as detailed on the approved plans shall not be used for any purpose other than as parking provision unless permission has been granted by the Local Planning Authority on an application made for that purpose.

Reason: To retain adequate parking provision for the development hereby permitted without adversely affecting the convenience of site and road users.
(Policy T3, CBLP July 2021, and Section 9, NPPF December 2024)
12) No gates shall be installed on accesses or driveways within 5.0 metres of the highway (including verges and footways). Any gates shall open away from the highway.

Reason: To enable vehicles to draw off the highway before the gates are opened.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2024)
13) The development hereby permitted, including any works of demolition or site clearance, shall not commence until a Construction Traffic Management Plan, associated with the development of the site has been submitted to and approved in writing by the Local Planning Authority which will include information on:

The parking of vehicles
Loading and unloading of plant and materials used in the development
Storage of plant and materials used in the development
The erection and maintenance of security hoarding / scaffolding affecting the highway if required
Wheel washing facilities
Measures on site to control the deposition of dirt / mud on surrounding roads during the development
Footpath/footway/cycleway or road closures needed during the development period
Traffic management needed during the development period
Times, routes and means of access and egress for construction traffic and delivery vehicles (including the import of materials and the removal of waste from the site) during the development of the site
Details of any temporary construction access, including appropriate visibility splays
Details of any temporary works which may be necessary to facilitate safe construction access

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 and protecting the amenity of local land uses.
(Policies T2 and HQ1, CBLP July 2021, and Sections 9 and 12, NPPF December 2024)
14) The development hereby permitted shall not commence until a satisfactory updated landscaping scheme for the amended Proposed Block Plan (JJD/2239/33 Rev C) to include all hard and soft landscaping, a scheme for landscape maintenance for a period of five years following the implementation of the landscaping scheme, and details of landscape management, have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be implemented by the end of the full planting season immediately following the completion and/or first use of any 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 EE4, CBLP July 2021, and Section 15, NPPF December 2024)
15) The development hereby permitted shall not commence until a soil management plan to manage soils in a sustainable way during construction; and to protect soils from contamination has been submitted to and approved in writing by the Local Planning Authority. The development shall proceed in accordance with any identified mitigation measures.

Reason: To mitigate impacts on geodiversity through avoiding the loss, damage or contamination of valuable soil resources and to reduce impacts on climate change.
(Policies EE2 and CC1, CBLP July 2021, and Sections 14 and 15, NPPF December 2024)
16) All tree work carried out in connection with the development hereby permitted shall adhere to (and be confined to) that being specified under "Tree Work", which forms part of the "Tree Protection and Method Statement" and "Tree Protection Plan" (Drawing No. 4590.RedCow.Ph2.GPS.TPP Rev A). The permitted tree work shall be carried out by competent and qualified arborists, and undertaken in full compliance with BS 3998 : 2010 "Tree Work -Recommendations".

Reason: To ensure that only the minimum required tree works are carried out to facilitate development, thereby avoiding excessive and unjustified pruning or removal, which would otherwise be to the detriment of the visual amenity and biodiversity of the site.
(Policy EE4, CBLP July 2021, and Section 15, NPPF December 2024)
17) Prior to the commencement of development hereby permitted, and following permitted tree work, all tree protection barriers and ground protection shall be erected and positioned in strict accordance with the "Tree Protection Plan" (Drawing No. 4590.RedCow.Ph2.GPS.TPP Rev A) and the "Tree Protection and Method Statement". The tree protection barriers and ground protection shall then remain securely in position throughout the entire course of development work.

Reason: To ensure that retained trees are not damaged in the course of construction operations, by providing suitable protection of their designated Root Protection Areas, so as to maintain their health, anchorage, amenity and biodiversity value.
(Policy EE4, CBLP July 2021, and Section 15, NPPF December 2024)
18) Throughout the course of development hereby permitted, all working methodology shall adhere to that specified under "Tree Protection -General Notes" of the "Tree Protection and Method Statement", which forms part of the "Tree Protection Plan" (Drawing No. 4590.RedCow.Ph2.GPS.TPP Rev A).

Reason: To ensure that development operations are carried out in accordance with good arboricultural practice, so as to prevent damage to retained trees.
(Policy EE4, CBLP July 2021, and Section 15, NPPF December 2024)
19) No works in respect of the development hereby permitted are in any circumstances to commence unless the Local Planning Authority has been provided with either:
a) a licence issued by Natural England authorising the specified activity/development to go ahead; or
b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.

Reason: To ensure that works do not result in adverse impacts to protected species.
(Policy EE3, CBLP July 2021, and Section 15, NPPF December 2024)
20) The development hereby permitted (including demolition, ground works, vegetation clearance) shall not commence 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 Impact Assessment (Samsara Ecology, September 2022) and Technical Note - Badger Survey (Samsara Ecology, October 2023) 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.
(Policy EE2, CBLP July 2021, and Section 15, NPPF December 2024)
21) The development hereby permitted shall not commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to and be approved in writing by the Local Planning Authority. The content of the LEMP shall be informed by the September 2022 Ecological Impact Assessment (Samsara Ecology, September 2022) and Technical Note - Badger Survey (Samsara Ecology, October 2023) and include the following:

a) Description and evaluation of features to be managed, including ecological enhancement measures.
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 organisation 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.
(Policy EE2, CBLP July 2021, and Section 15, NPPF December 2024)
22) The development hereby permitted shall not 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 an 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 Flood Risk Assessment and Drainage Strategy (Scott White and Hookins, Project No: 203896 Revision 04, February 2024) 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.
(Policies CC3 and CC5, CBLP July 2021, and Section 14, NPPF December 2024)
23) The development hereby permitted shall not be occupied until a finalised 'Maintenance and Management Plan' for the entire surface water drainage system, inclusive of any adoption arrangements and/or private ownership or responsibilities, has been formally submitted to and approved in writing by the Local Planning Authority, and that 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.
(Policies CC3 and CC5, CBLP July 2021, and Section 14, NPPF December 2024)
24) The development hereby permitted shall not commence until as-design evidence of policy compliance with measures outlined in the submitted Sustainability Statement (J & J Design, October 2023) is submitted to and approved in writing by the Local Planning Authority, and prior to the occupation of the last dwelling hereby permitted, a Post-Construction Verification Report with as built evidence to demonstrate compliance shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To demonstrate high quality sustainability standards.
(Policy CC1, CBLP July 2021, and Sections 2 and 14, NPPF December 2024)
25) Part A: The development hereby permitted shall not commence until an archaeological Written Scheme of Investigation (WSI) has been submitted to and approved in writing by the Local Planning Authority. The WSI shall contain the following components:

a method statement for the investigation of any archaeological remains that will be affected by the development
method statements for the preservation in situ of any archaeological remains that cannot be fully investigated (if appropriate)
an outline strategy for post-excavation assessment, analysis, archive preparation and publication, including details of the timetable for each stage of the post-excavation works

The said development shall only be implemented in full accordance with the approved archaeological scheme.

Part B: This condition shall only be fully discharged when:

all elements of the archaeological fieldwork have been undertaken and the date of completion has been confirmed in writing by the Local Planning Authority
the post-excavation assessment, analysis and final archaeological report 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 preparation of the site archives (including the production of an 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 a recognised archaeological journal, or an approved final archaeological report is submitted for inclusion in 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 and 4 of Part B of this condition shall be completed within 18 months of the archaeological fieldwork date of completion.

Reason: 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. Part A of this condition is pre-commencement because development works can have an irreversible impact on archaeological remains and an approved programme of investigation must be in place before the development starts.
(Policy HE1, CBLP July 2021, and Section 16, NPPF December 2024)
26) The development hereby permitted shall not commence until a remediation method statement has been submitted to and approved in writing by the Local Planning Authority. This statement shall detail any required remediation works and shall be designed to mitigate any remaining risks identified in the approved Quantitative Risk Assessment (Paddock Geo Engineering P21-295gi_Area 2_v2, October 2022). 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 the natural environment.
(Policy CC8, CBLP July 2021, and Section 15, NPPF December 2024)
27) The development hereby permitted shall not 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 Local Planning Authority. 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 Local Planning Authority is to be informed immediately and no further development (unless otherwise agreed in writing by the Local Planning Authority) 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 approved in writing by the Local Planning Authority. 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 the natural environment.
(Policy CC8, CBLP July 2021, and Section 15, NPPF December 2024)
28) The development hereby permitted shall not commence until a noise assessment has been submitted to and approved in writing by the Local Planning Authority. Details of external noise levels including 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 shall be provided. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

To ensure no adverse impact to future occupants from noise.
(Policies CC8 and HQ1, CBLP July 2021, and Section 12, NPPF December 2024)
29) The development hereby permitted shall not commence until details of external artificial lighting have been submitted to and approved in writing by the Local Planning Authority. 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.
To ensure no adverse impact to neighbouring occupants, to control the appearance of the development in the interests of the visual amenities of the locality and to avoid landscape harm.
(Policies CC8 and HQ1, CBLP July 2021, and Section 12, NPPF December 2024)
30) The development hereby approved shall not commence until details of 'designing out crime' measures have been submitted to and approved in writing by the Local Planning Authority. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.

Reason: To protect the amenity of future and neighbouring occupants.
(Policy HQ1, CBLP July 2021, and Section 12, NPPF December 2024)
31) The development hereby approved shall not commence until a plan showing the locations of fire hydrants to ensure that no dwelling is further than 90m from the nearest hydrant has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the fire hydrants have been installed, and shall thereafter be retained.

Reason: To protect the amenity of future occupants.
(Policy HQ1, CBLP July 2021, and Section 12, NPPF December 2024)
32) The windows in the first floor side elevations of the dwellings hereby approved shall be permanently fitted with obscured glass of a type to substantially restrict vision through them 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.

Reason: To safeguard the privacy of occupants of neighbouring properties.
(Policy HQ1, CBLP July 2021, and Section 12, NPPF December 2024)
33) The development hereby approved shall not commence until details, including surfacing, of a proposed footpath and cycle link from the application site to the Chiltern Way (public footpath HRE/45), have been submitted to and approved in writing by the Local Planning Authority. Approved details shall be implemented prior to occupation of the development and thereafter be permanently retained.
Reason: To ensure access to the Rights of Way network.
(Policy EE12, CBLP July 2021, and Section 9, NPPF December 2024)
34) The development hereby permitted shall be undertaken in full accordance with the Council's adopted 'Construction Code of Practice for Developers and Contractors - November 2023 Update' 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 December 2023)
35) The development hereby permitted shall be undertaken in full accordance with the Council's 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 December 2024)
36) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers Site Location Plan, JJD/2239/20, JJD/2239/21, JJD/2239/22, JJD/2239/23, JJD/2239/24, 2022/1023/14 Rev A, 21920-TOPO (Sheet 1 of 2), 21920-TOPO (Sheet 2 of 2), JJD/2239/03, JJD/2239/04, JJD/2239/05, JJD/2239/06, JJD/2239/08, JJD/2239/09, JJD/2239/10, JJD/2239/25 Rev A, JJD/2239/26, JJD/2239/27, JJD/2239/28 Rev A, JJD/2239/29, JJD/2239/30, JJD/2239/31, JJD/2239/32, JJD/2239/33 Rev C, JJD/2239/34 Rev A, JJD/2239/35 Rev A, JJD/2239/36, JJD/2239/37 Rev D, JJD/2239/38, JJD/2239/39, JJD/2239/45, JJD/2239/46, JJD/2239/47, 203896-SWH-EX-XX-DR-C-0051 Rev P05, 203896-SWH-EX-XX-DR-C-0060 Rev P01, and External works detail: Brick retaining wall.

Reason: To identify the approved plans and to avoid doubt.


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