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Conditions or Reasons for Planning Application - CB/23/03987/RM
Conditions or Reasons:
1) All external works hereby approved shall be carried out in materials detailed in document no. A21-112-SC001 'Schedule of Apartment and Retail External Materials' issue 06, dated 28 November 2023 and on plan nos. REVISED - A21-112-PL210G Blocks A & B - West & North Elevations, REVISED - A21-112-PL211G Blocks A & B - East & South Elevations, REVISED - A21-112-PL212B Blocks A & B - South Elevation and document no. A21-112-SC002 'Schedule of Nursery External Materials' issue 04, dated 28 November 2023 and plan no. REVISED A21-112-PL310D Nursery - Elevations & Sections, unless alternative materials are first approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials.

Reason: To control the appearance of the development in the interests of the visual amenities of the locality. (Section 12, NPPF)
2) No development shall take place above slab level 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)
3) The development hereby approved shall be completed in full accordance with the planting, soft and hard landscaping schemes (including boundary treatments) shown on approved drawings reference;

REVISED - P22-2699_EN_0001_K_0001 Landscape Masterplan
REVISED - P22-2699_EN_0003_E_0001 Detailed Soft Landscape Proposals
REVISED - P22-2699_EN_0004_D_0001 Public Art Strategy
REVISED - P22-2699_EN_0005_B_0001 Tree Pit Details
REVISED A21-112-PL150B Boundary Treatment Details
REVISED A21-112-PL155B Boundary Gate Details
REVISED - P22-2699_EN_0002_E_0001 HLZP Hard Landscape Zoning Plan and Street Furniture

Unless otherwise specified, street furniture including lighting columns shall be anthracite grey or black in colour.

The landscaping 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 shall mean the period from October to March). The trees, shrubs and grass shall subsequently be maintained for a period of five years from the date of planting and any which die or are destroyed during this period shall be replaced during the next planting season with others of a similar size and species and in accordance with the Landscape Management Plan (REVISED - P22-2699_EN_0006_F_0001) hereby approved.

Reason: To ensure an acceptable standard of landscaping. (CBCLP HQ1 and Sections 12 & 15, NPPF)
4) Elevational details of the sheltered and secure long stay cycle parking facilities for occupiers of the residential flats, retail staff and nursery staff, as well as the short stay cycling parking facilities for visitors to the residential flats, retail customers and nursery visitors shall be submitted to, and approved in writing by, the local planning authority prior to the occupation of the respective use within the development i.e. cycle parking provision for the residential flats, retail units and the nursery. The cycle parking facilities shall be provided in accordance with the Parking Plan 'REVISED - A21-112-PL101M'. The approved details shall be implemented such that the cycle parking facilities are available for use prior to the first occupation of the respective uses within the development.

Reason: To ensure the provision of adequate cycle parking to meet the needs of occupiers of and visitors to the proposed development in the interests of encouraging the use of sustainable modes of transport. (Policy T5, CBLP and Section 9, NPPF)
5) Unless otherwise agreed in writing with the local planning authority, no residential unit shall be occupied until the access junction with Waterslade Way, as shown indicatively on plan ref A21-112-PL100 Revision R, has been constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic. No more than 36 flats shall be occupied until the main local centre car park, accessed off Lime Tree Drive and as shown on plan ref A21-112-PL100 Revision R, has been constructed and opened to traffic. (see Notes to the Applicant).

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development site, and to provide adequate parking and servicing provision for the development hereby permitted without adversely affecting the convenience of site and road users. (Policy T2, CBLP and Section 9, NPPF)
6) Unless otherwise agreed in writing with the local planning authority, retail units 1-3 and the convenience store, as detailed on the approved plans, shall not be occupied until the main local centre car park, accessed off Lime Tree Drive, has been constructed and opened to the public, and the service yard accessed off Waterslade Way, as detailed on the approved plans, has been constructed and made available for use. (see Notes to the Applicant).

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development site, and to provide adequate parking and servicing provision for the development hereby permitted without adversely affecting the convenience of site and road users. (Policy T2, CBLP and Section 9, NPPF)
7) Unless otherwise agreed in writing with the local planning authority, the nursery building hereby approved shall not be occupied until the access junction with Lime Tree Drive, as shown indicatively on plan ref A21-112-PL100 Revision R, has been constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic, and the main local centre car park, also accessed off Lime Tree Drive as shown on plan ref A21-112-PL100 Revision R, has been constructed and opened to the public. (see Notes to the Applicant).

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development site, and to provide 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)
8) Visibility splays shall be provided at each of the access junctions before the respective access is brought into use. The minimum dimensions to provide the required splay lines shall be 2.4m measured back along the centre line of the proposed access from its junction with the channel of the adjacent highway and 43m measured from the centre line of the proposed access along each side and the line of the channel of the public highway. 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 accesses, and to make the accesses safe and convenient for the traffic which is likely to use them. (Policy T2, CBLP and Section 9, NPPF)
9) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015 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 any other 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 and Section 9, NPPF)
10) Any vehicular access gates provided shall open away from the highway and be set back a distance of at least 5.0m from the nearside edge of the adjoining adoptable highway (including any footways).

Reason: To enable vehicles to draw off the highway before the gates are opened. (Policy T2, CBLP and Section 9, NPPF)
11) Notwithstanding the details shown on plan ref A21-112-PL101 Revision M, prior to occupation of any part of the development hereby approved, a Car Parking Management Plan (CPMP) shall be submitted to, and approved in writing by, the local planning authority. With reference to the 63 no. parking spaces provided for residents and their visitors, which shall be provided free of charge and restrictions, the CPMP shall set out how competing demands at the site shall be accommodated and any strategies such as monitoring, allocations for particular users, charges, time restrictions, signage and / or markings, to achieve and publicise this to users. The CPMP shall cover disabled parking and electric vehicle charging, and the use of any gates restricting access to car parks. The CPMP shall thereafter be operated in accordance with the approved document.

Reason: To help reduce overspill parking beyond the site boundaries in the interest of the safety and convenience of road users and residents of the surrounding area. (Policies T2 and T3, CBLP and Section 9, NPPF)
12) The development hereby approved shall not be first occupied until a scheme for the provision of suitable water infrastructure and/or fire hydrants has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in full accordance with the approved details.

Reason: In order to make appropriate provision for fire safety on site in the interests of amenity (Policy HQ1, CBLP).
13) The development hereby approved shall be completed in full accordance with the Sustainability Statement (reference C2324106) by HIBEC ltd dated 10th October 2023.

Reason: In order to ensure the development is sustainable in terms of climate change and renewable energy. (Policy CC1, CBLP).
14) For each of the permitted commercial units or nursery, prior to the installation of any plant, machinery or equipment the details of such shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include noise emissions from the equipment and mitigation measures to be incorporated. The rated noise levels shall be assessed in accordance with BS4142:2014. Any scheme of mitigation shall be implemented in accordance with the approved details and it shall be retained in accordance with those details thereafter.

Reason: In the interests of maintaining adequate levels of residential amenity (Policies HQ1 and CC8, Central Bedfordshire Local Plan and Sections 12 and 15, NPPF)
15) Prior to the installation of any plant, machinery or equipment associated with the hereby permitted residential units, the details of such shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include noise emissions from the equipment and mitigation measures to be incorporated. The rated noise levels shall be assessed in accordance with BS4142:2014. Any agreed scheme shall be implemented in accordance with the approved details, and it shall be retained in accordance with those details thereafter.

Reason: In the interests of maintaining adequate levels of residential amenity (Policies HQ1 and CC8, Central Bedfordshire Local Plan and Sections 12 and 15, NPPF)
16) Deliveries to the commercial units shall only take place between the following hours:

7am - 9pm Monday to Saturday
8am - 8pm Sundays and Public Holidays

Deliveries of newspapers/magazines may only take place between the hours of:

6am - 9pm Monday to Saturday
6am - 8pm Sundays and Public Holidays

The following delivery management restrictions shall be adhered to at all times for vehicles delivering to the site:

- Vehicle reversing alarms shall be switched off prior to entering the site
- Vehicle refrigeration units shall be switched off before unloading
- Vehicle engines shall not be left running during deliveries at any time.

Reason: In the interests of maintaining adequate levels of residential amenity (Policies HQ1 and CC8, Central Bedfordshire Local Plan and Sections 12 and 15, NPPF)
17) The commercial units hereby approved shall only be open for trade between the hours of:

7am-11pm Monday to Sunday (including public holidays)

Reason: In the interests of maintaining adequate levels of residential amenity (Policies HQ1 and CC8, Central Bedfordshire Local Plan and Sections 12 and 15, NPPF)
18) Prior to any hot food takeaway being brought into use, equipment shall be installed to effectively suppress and disperse fumes and/or odours produced by cooking and food preparation, and the equipment shall be operated so long as this use continues. Full details of the method of odour abatement and all odour abatement equipment to be used, including predicted noise levels of the equipment in operation, shall be submitted to and approved by the Local Planning Authority prior to the installation of the equipment. The approved equipment shall be installed prior to this use commencing.

Reason: In the interests of maintaining adequate levels of residential amenity (Policies HQ1 and CC8, Central Bedfordshire Local Plan and Sections 12 and 15, NPPF)
19) The development (other than the Nursery) hereby approved shall not be brought into use until a scheme for the provision of CCTV, including management and maintenance of the CCTV system has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to any building being occupied and shall be retained thereafter for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce the risk of crime, disorder and fear of crime in accordance with paragraph 135 of the NPPF.
20) The Nursery hereby approved shall not be brought into use until a scheme for the provision of CCTV for the nursery, including management and maintenance of the CCTV system, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to the Nursery first being used or occupied and shall be retained thereafter for the lifetime of the Nursery development unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce the risk of crime, disorder and fear of crime in accordance with paragraph 135 of the NPPF.
21) The development shall be completed, operated and maintained in accordance with the approved travel plans (Residential and Retail Travel Plans by Connect Consultants dated February 2024). There shall be an annual review of the Travel Plan (for a period of 5 years from the date of the first occupation of the residential flats and the retail units to monitor progress in meeting the targets for reducing car journeys generated by the proposal and this shall be submitted to and approved by the Local Planning Authority.

Reason: In the interests of highway safety, to reduce congestion and to promote the use of sustainable modes of transport. (Policy T2, Central Bedfordshire Local Plan, section 9, NPPF)
22) Prior to the occupation of the nursery hereby approved, a Nursery Travel Plan shall be prepared and submitted to the Local Planning Authority for its approval in writing. The plan shall contain details of:

a. measures to encourage and promote sustainable travel and transport for journeys to and from the nursery by parents of children using the nursery and nursery staff;
b. an action plan detailing targets; and
c. a timetable for implementing appropriate measures and plans for annual monitoring and review.

All measures agreed therein shall be undertaken in accordance with the approved Plan. There shall be an annual review of the Travel Plan (for a period of 5 years from the date of its approval) to monitor progress in meeting the targets for reducing car journeys generated by the proposal and this shall be submitted to and approved by the Local Planning Authority.

Reason: In the interests of highway safety, to reduce congestion and to promote the use of sustainable modes of transport. (Policy T2, Central Bedfordshire Local Plan, section 9, NPPF)
23) The development shall be carried out in accordance with the surface water drainage scheme and maintenance/management plan as detailed within document references: 940-1102-P02 Site Drainage dated October 23, 940-1104-P01 Site Exceedance Routes dated October 23, 940-1105-P01 External Works Details dated November 23, 940-1106-P01 Private Drainage Details 1 of 2 dated November 23, 940-1107-P01 Private Drainage Details 2 of 2 dated November 23, and Drainage Statement reference DS/940 revision A, by Chiltern Design dated 17.10.23, Drainage Maintenance Schedule reference MS/940 by Chiltern Design dated 20.02.24, Drainage Maintenance Regime reference 940 dated November 2023, and Hydraulic Calculations reference 940 by Chiltern Design dated October 2023.

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 Plan policies CC3 to CC5 and NPPF paragraphs 165 to 175 Inclusive of foot notes 59 to 60 and its supporting technical guidance.
24) The development shall be carried out in accordance with the lighting scheme as detailed within document references: LM070324-1 'Horizontal Illuminance (lux)' by Gemma Lighting dated 30 April 2024, LM070324-1 'Outdoor Lighting Report' dated 25 June 2024, as well as the details within documents 'Bollard Lighting - Hamilton 10W - LED Bollard Specification' 12.12.2023, 'Flood Lighting - Drayton 100W - LED Flood Light Details' 12.12.2023, 'Street Lighting - Conquest 30W - LED Street Light Details' 12.12.2023, 'Street Lighting - Conquest 80W - LED Street Light Details' 12.12.2023, and drawing no. GL2003 - 1 '5 metre column Elevations' 12.12.2023. The lighting shall be installed prior to first occupation of the development. The approved lighting shall not be turned on within the hours of 23:00-7:00.

Reason: In the interests of amenity and to ensure that the approved lighting complies with the Institution of Lighting Engineers "Guidance Note 1 for the reduction of obtrusive light" (Policies HQ1 and CC8, Central Bedfordshire Local Plan, sections 12 and 15, NPPF and the Central Bedfordshire Design Guide).
25) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

A21-112 -PL001 - Site Location Plan
A21-112 -PL050 rev. A - Existing Site Plan
A21-112 -PL051 - Existing Below Ground Services
A21-112 -PL100 rev. R - Proposed Site Plan
A21-112 -PL101 rev. M - Proposed Parking Plan
A21-112 -PL102 rev. G - Proposed Boundary Treatment
A21-112 -PL103 rev. B - Proposed Refuse Strategy
A21-112 -PL120 rev. B - Blocks A & B - Tenure Plans - Sheet 1 of 2
A21-112 -PL121 rev. B - Blocks A & B - Tenure Plans - Sheet 2 of 2
A21-112 -PL150 rev. B - Proposed Boundary Treatment Details
A21-112 -PL155 rev. B - Proposed Boundary Gate Details
A21-112 -PL200 rev. D - Blocks A & B - Ground Floor Plan
A21-112 -PL201 rev. C - Blocks A & B - First Floor Plan
A21-112 -PL202 rev. C - Blocks A & B - Second Floor Plan
A21-112 -PL203 rev. C - Blocks A & B - Third Floor Plan
A21-112 -PL204 rev. D - Blocks A & B - Roof Plan
A21-112 -PL210 rev. G - Blocks A & B - West & North Elevations
A21-112 -PL211 rev. G - Blocks A & B - East & South Elevations
A21-112 -PL212 rev. B - Blocks A & B - South Elevation
A21-112 -PL220 rev. B - Blocks A & B - Sections
A21-112 -PL300 rev. B - Nursery - Floor & Roof Plans
A21-112 -PL310 rev. D - Nursery - Elevations & Sections
A21-112 -PL320 rev. A - Nursery - Typical Feature Window
A21-112 -PL400 rev. C - Proposed Street Elevations
A21-112 -PL401 rev. C - Proposed Street Elevations
A21-112 -PL402 rev. C - Proposed Street Elevations
A21-112 -PL403 rev. C - Proposed Street Elevations
940-1102-P02 - Site Levels
A21-112 -SMP001 - Site Management Plan
A21-112 -SMP005 - Site Management Plan

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


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