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Conditions or Reasons for Planning Application - CB/23/03788/VOC
Conditions or Reasons:
1) The development hereby permitted shall be carried out only in accordance with the details provided in order to discharge condition 2 attatched to application reference SB/TP/08/0558, as approved on the 30th September 2009.

Reason: To ensure that any site contamination is dealt with safely in the interests of the health and safety of the public and users of the development hereby permitted.
2) If, during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the District Planning Authority) shall be carried out until the developer has submitted a Remediation Strategy or obtained written approval from the District Planning Authority for an addendum to an existing Remediation Strategy, the addendum of which must detail how this unsuspected contamination shall be dealt with and from the date of approval of the addendum(s) shall form part of the Remediation Strategy.

REASON: To ensure that any site contamination is dealt with safely in the interests of the health and safety of the public and users of the development hereby permitted. The site lies on a major aquifer and in Source Protection Zone 3 (SPZ3). The Environment Agency's records suggest that there is likely to be a layer of relatively impermeable clay with flints between the surface and the major aquifer in the underlying chalk. However it is not known how thick this layer is. If this layer was to be breached there would then be a potential pathway for any contamination at the surface to reach the underlying aquifer. The previous history of this site and the adjacent area includes activities that may have resulted in contamination. During the development the applicant should look for any visible or olfactory signs of contamination.
3) If, during development, contamination not previously identified is found to be present at the site then no infiltration of surface water drainage into the ground is 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 controlled waters.
REASON: The site may be contaminated and surface infiltration would provide a pathway for contaminants at the surface to reach the controlled waters in the underlying major aquifer.
4) If, during development, contamination not previously identified is found to be present at the site then piling or any other foundation designs 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: The site is potentially contaminated and the construction of piles or boreholes would provide a pathway for contaminants at the surface to reach the controlled waters in the underlying major aquifer.
5) Any gates provided shall open away from the highway and be set back a distance of at least 5.0 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.
6) The external walls and roofs of the development hereby approved shall be constructed in exact accordance with the details submitted in order to dicharge condtion 7 of application reference SB/TP/08/0558, as approved on the 13th July 2010.

Reason: To control the appearance of the buildings.
7) The triangular visability splays as submitted to discharge condtion 10 of application reference: SP/TP/08/0558 on the 15th September 2010 shall be maintained free of any obstruction to visibility exceeding a height of 60mm above the adjoining footway level.

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.
8) The 1.8 metre wide footway constructed on the north-western side of the road between the south-western boundary of the application site and the existing footway outside No. 98 Markyate Road must be maintained in accordance with the details submitted to discharge condition 11 of application reference: SB/TP/08/0558 as approved on the 15 September 2010.

Reason: In the interests of road safety and pedestrian movement.
9) The proposed vehicular access shall be surfaced in bituminous or other similar durable material for a distance of 5 metres into the site, measured from the highway boundary. Arrangements shall be made for surface water drainage from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason: To avoid the carriage of mud or other extraneous material or surface water from the site into the highway so as to safeguard the interest of highway safey.
10) All on site vehicular areas shall be surfaced in exact accordance with the details submitted to discharge condition number 14 of application reference: SB/TP/08/0558 as approved on the 15th September 2010.

Reason: In order to minimise dange, obstruction and inconvenience to users of the highay and of the premises.
11) The windows in the east elevation 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 window which can be opened are more than 1.7m above the floor of the room in which the window is installed. No further windows or other openings shall be formed in the east or west elevations without the written approval of the Local Plan Authority.

Reason: To safeguard the privacy of future occupeirs and of adjoining properties
(Section 12, NPPF)
12) The first floor window in the west side elevation of the development which serves a bathroom 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 window which can be opened are more than 1.7m above the floor of the room in which the window is installed. No further windows or other openings shall be formed in the west side elevation.

Reason: To safeguard the privacy of occupiers of adjoining properties
(Section 12, NPPF)
13) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers DB98BC102 Sheets 1 to 9, IRS/004, IRS/005, IRS/006, IRS/007 A, IRS/008 A, IRS/009.

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


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