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Conditions or Reasons for Planning Application - CB/23/03689/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) No development shall take place, notwithstanding the details submitted with the application, until details of the materials to be used for the external walls and roofs 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: These details are required pre-commencement in order to control the appearance of the building in the interests of the visual amenities of the locality.
(Section 12, NPPF)
3) A scheme shall be submitted for approval in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. 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.
(Section 12, NPPF)
4) The development hereby approved shall not be occupied until a landscaping scheme to include all hard and soft landscaping and a scheme for landscape maintenance for a period of five years following the implementation of the landscaping scheme have been 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)
5) No development shall commence until a final detailed design of the 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), has been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be completed prior to the completion or occupation of buildings on site whichever is the sooner. The discharge rate from the development will be limited to the equivalent greenfield 1 in 1-year rate, or an appropriate rate as agreed by the Local Planning Authority or IDB. The final detailed design shall be based on the submitted 'FRA Update 14.11.23' and DEFRAs Non-statutory technical standards for sustainable drainage systems (March, 2018), and shall be subsequently implemented and maintained as approved.
The detailed drainage to be provided shall include, at a minimum:

A clearly labelled drainage layout plan showing pipe networks and any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe 'node numbers' that have been referred to in network calculations and it should also show invert and cover levels of manholes.
Where an outfall discharge control device is to be used such as a vortex control or orifice, this should be shown on the plan with its dimensions and rate of discharge stated.
Calculations should demonstrate how the system operates during a 1% Annual Exceedance Probability (AEP) critical duration storm event, including an appropriate allowance for climate change and urban creep in line with the National Planning Policy Framework Technical Guidance. If overland flooding occurs in this event, a plan should also be submitted detailing the location of overland flow paths including the extent and depth of ponding.
Management / maintenance arrangements (including adopting body)
Formal agreement from third party if discharging into their system.

Reason: These matters are required pre-commencement in order 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.
6) No 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 a Verification Report that the 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 and that maintenance to ensure the system functions as designed for the lifetime of the development is arranged. In accordance with HCWS161 18/12/2014.
7) 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 include the:

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.
8) 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 include the following.

Risk assessment of potentially damaging construction activities.
Identification of 'biodiversity protection zones'.
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).
The location and timing of sensitive works to harm to biodiversity features.
The times during construction when specialist ecologists need to be present on site to oversee works.
Responsible persons and lines of communication.
The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
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.
9) The development hereby permitted shall not begin until a scheme to deal with contamination of land/ground gas/controlled waters has been submitted to and approved in writing by the local planning authority. The scheme shall include all of the following measures, unless the local planning authority dispenses with any such requirement specifically in writing:

1. A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175: 2011 Investigation of Potentially Contaminated Sites - Code of Practice.
2. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites - Code of Practice. The report shall include a detailed quantitative human health and environmental risk assessment.
3. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined.
4. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted to and approved in writing by the local planning authority.
5. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted prior to first occupation of the development. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To minimise and prevent pollution of the land and the water environment and in accordance with national planning policy guidance set out in section 11 of the National Planning Policy Framework, and in order to protect human health and the environment
10) No equipment, machinery or materials shall be brought on to the site for the purposes of development until details of substantial protective fencing for the protection of any retained trees, has been submitted to and approved in writing by the Local Planning Authority and the fencing has been erected in the positions shown on the submitted plans. The approved fencing shall be 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.
(Sections 12 & 15, NPPF)
11) The development shall be carried out in complete accordance with the workings and proposals set out within the Arboricultural Impact Assessment (EAS-102v3 dated 06/11/2023). The methods of tree protection outlined in the approved document shall be carried out in full throughout the construction period.

Reason: To ensure the trees outlined for retention are protected throughout.
(Sections 12 and 15, NPPF)
12) No development shall take place until details outlining the provision of fire hydrants at the development have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until a fire hydrant serving that dwelling has been installed as approved. Thereafter the fire hydrant shall be retained as approved in perpetuity.

Reason: In the interests of fire safety and providing safe and accessible developments.
(Section 8, NPPF)
13) No development shall take place until details demonstrating how the development will achieve the following have been submitted to an approved in writing by the Local Planning Authority:

1) 10% energy demand of the development to be delivered from renewable or low carbon sources or development's energy demand will be reduced by at least 10% through fabric measures;
2) Water efficiency to achieve water standard of 110 litres per person per day.

The development shall subsequently be implemented in accordance with the approved details.

Reason: To ensure that the development would be sustainable and would contribute towards the reduction of climate change.
(Section 15, NPPF)
14) The development hereby permitted shall be undertaken in full accordance with the Councils 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)
15) The development hereby permitted shall be undertaken in full accordance with the Councils 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)
16) Development shall not begin until details of an improvement scheme for Gas House Lane, between the site access and Church Street, have been submitted to, and approved by, the Local Planning Authority. The improvements shall comprise widening to min.4.8m, measures to control vehicle speeds, and detail of the junction with the site access. Any additional surface water run-off resulting from the improvement scheme shall be adequately addressed within the Detailed Surface Water Drainage Scheme required by Condition 5.

Reason: In order to minimise danger, obstruction and inconvenience to users of the Gas House Lane
(Policy T2, CBLP and Section 9, NPPF)
17) No building shall be occupied until the improvement scheme for Gas House Lane as detailed within the approved plans to be agreed in condition 16 has been constructed in accordance with the approved details.

Reason: In order to minimise danger, obstruction and inconvenience to users of the Gas House Lane
(Policy T2, CBLP and Section 9, NPPF).
18) Visibility splays shall be provided at the junction of the site access with Gas House Lane 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 road from its junction with the channel of Gas House Lane and 25m measured from the centre line of the proposed access along the line of the channel of Gas House Lane. The required vision splays shall for the perpetuity of the development remain free of any obstruction to visibility.

Reason: To provide adequate visibility between Gas House Lane and the proposed access, and to make the access safe and convenient for the traffic which is likely to use it.
(Policy T2, CBLP and Section 12, NPPF)
19) 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.
(Policy T2, CBLP and Section 9, NPPF)
20) 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 and constructed in accordance with the approved details.

Reason: In the interest of safety and to reduce the number of points at which traffic will enter and leave the public bridleway.
(Policy T2, CBLP and Section 9, NPPF)
21) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended) 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 T2, CBLP and Section 9, NPPF).
22) Prior to the construction of vehicular parking areas associated with the approved dwellings, a scheme for the charging of electric and ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall accord with Policy T5 of CBLP and shall include the following:

Details of active charging posts or passive provision such as cabling and electricity supply
Timescales / triggers for implementation of the scheme.

The development shall be completed in accordance with these approved details including the agreed timescales / triggers.

Reason: To assist with the transition to low-emission vehicles in line with Policy T5 of the CBLP and paragraph 111 of the National Planning
23) No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's organisational licence (WML-OR112) and with the proposals detailed on plan Gas House Lane: Impact Plan for great crested newt District Licensing (Version 1) dated 15th August 2022.

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence WML-OR112.
24) No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR112), confirming that all necessary measures in regard to great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the local planning authority and the local authority has provided authorisation for the development to proceed under the district newt licence. The Delivery Partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.

Reason: In order to adequately compensate for negative impacts to great crested newts.
25) No development hereby permitted shall take place except in accordance with Part 1 of the GCN Mitigation Principles, as set out in the District Licence WML-OR112 and in addition in compliance with the following:

- Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.
- Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development).
- Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.

Reason: In order to adequately mitigate impacts on great crested newts.
26) No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority:

1. A Preliminary Risk Assessment (PRA) including a Conceptual Site Model (CSM) of the site indicating potential sources, pathways and receptors, including those off site.
2. The results of a site investigation based on (1) and a detailed risk assessment, including a revised CSM.
3. Based on the risk assessment in (2) an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions. The plan shall also detail a long term monitoring and maintenance plan as necessary.
4. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the remediation strategy in (3). The long term monitoring and maintenance plan in (3) shall be updated and be implemented as approved.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 180, 189, 190 and relevant Environment Agency Groundwater Protection Position Statements.
27) Piling or any other foundation designs and investigation boreholes using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy
Framework (NPPF), paragraphs 180, 189, 190 and relevant Environment Agency Groundwater Protection Position Statements.
28) Any damage or deterioration caused to Gas House Lane during the construction period by construction vehicles or contractors shall be made good.

Reason: To ensure that access to the lane and the public right of way is kept free from any damage.
(Policy EE12, CBLP)
29) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

82325.21
82325.22A
82325.23A
82325.24A
82325.25A
82325.26A
82325.27A
82325.28
82325.29
EAS-102 TPP
CBC-001

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


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