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Conditions or Reasons for Planning Application - CB/24/00059/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 be brought into use until as shown indicatively on plan ref 23-126-S278-0001 Revision P07, the existing two access junctions off Humphrys Road have been closed, and the proposed junction between the proposed access road and the highway (Humphrys Road) has been constructed, in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to traffic. The scheme shall include a dropped kerb to enable cyclists to leave the carriageway of Humphrys Road to reach the on-site cycle parking facilities via the internal path, as shown on plan ref 22075-PL005 Revision P10.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the proposed access road.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2023)
3) The development hereby permitted shall not be brought into use until visibility splays are provided at the junction of the access with the public highway. 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 43m measured from the centre line of the proposed access along 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 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 2023)
4) The development hereby permitted shall not be brought into use until the existing site access arrangement off Poynters Road has been closed. The highway land shall be reinstated as footway / cycleway and verge, as shown indicatively on plan ref 23-126-S278-0002 Revision P06, and shall be constructed in accordance with the approved details, amended as necessary by the technical and safety audit process, and opened to highway users. The adjacent land within the application site shall be laid out as shown on plan ref 22075-PL005 Revision P10.

Reason: For consistency with the approved vehicular access strategy via Humphrys Road and in the interest of the safety and convenience of highway users.
(Policy T2, CBLP July 2021, and Section 9, NPPF December 2023)
5) The development hereby permitted shall not be brought into use until details of the proposed cycle shelter and the internal dimensions of the cycle parking area, number of cycle spaces and stands / brackets to be used have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented before the development is first brought into use and thereafter retained for this purpose.

Reason: In the interest of cyclist safety and encouraging the use of sustainable modes of transport.
(Policy T3, CBLP July 2021, and Section 9, NPPF December 2023)
6) Any gates provided shall open away from the highway and be set back a distance of at least 18m from the adjoining adopted public 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 2023)
7) The development hereby permitted shall not be brought into use until all on site vehicular areas have been surfaced in stable and durable materials in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Details shall also be provided for surfacing materials and treatments of junction and driver-pedestrian intervisibility envelopes. Arrangements shall be made for surface water drainage from 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, to minimise inconvenience to users of the premises, ensure satisfactory parking of vehicles outside highway limits and retain visibility envelopes clear of obstruction.
(Policies T2 and T3, CBLP July 2021, and Section 9, NPPF December 2023)
8) The development hereby permitted shall not be brought into use until an updated Parking and Servicing Plan, accounting for electric vehicle charging, has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and operated in accordance with the approved document.

Reason: In the interest of the safe and efficient use of on-site parking and servicing facilities.
(Policies T3 and T5, CBLP July 2021, and Section 9, NPPF December 2023)
9) The development hereby permitted shall not commence until an updated Construction Management Plan, based broadly on the document prepared by Goodrich Consulting LLP (November 2023), has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved document.

Reason: In the interests of safety, protecting the amenity of local land uses, neighbouring residents and highway safety.
(Policies T2 and HQ1, CBLP July 2021, and Sections 9 and 12, NPPF December 2023)
10) 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 2023)
11) The development hereby permitted shall not be brought into use until details of proposed electric vehicle charging points 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 assist with the transition to low-emission vehicles.
(Policy T5, CBLP July 2021, and Section 9, NPPF December 2023)
12) The development hereby permitted shall proceed in accordance with the landscaping scheme including all hard and soft landscaping, and scheme for landscape maintenance for a period of five years, as shown on the ''Proposed Hard and Soft Landscape Plan'' (plan ref 22075-PL041 Revision P06) and ''Planting Plan'' (plan ref 23-079-P-06 Revision G), together with details of landscape management to be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development hereby permitted. The approved scheme shall then be implemented by the end of the full planting season immediately following the development being brought into use (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 2023)
13) Tree removal and tree surgery works, to be carried out in the course of development (including prior to demolition), shall not exceed that being indicated on the "Tree Retention and Removal Plan" (plan ref 23-079-P-04 Revision A), and as set out in Section 3.2 "Tree Removal", Table 1 "Trees to be Removed", Section 3.3 "Tree Retention and Pruning" and Table 2 "Trees to be retained" of the "Arboricultural Impact Assessment to BS 5837 : 2012" (ref 2379/EH/AIA001A), as prepared by Bea Landscape Design Ltd. The tree surgery works shall be carried out by qualified arborists, and in full compliance with British Standard BS 3998 : 2010 "Tree Work -Recommendations".

Reason: To ensure that only the minimum tree work required to facilitate development is carried out, thereby avoiding unnecessary and unjustified work, or that carried out to a poor standard of workmanship, which would otherwise be to the detriment of the visual amenity, urban landscape, screening and bio-diversity value of the trees and the site.
(Policy EE4, CBLP July 2021, and Section 15, NPPF December 2023)
14) The development, including demolition, hereby permitted shall not commence until all tree protection fencing and/or ground protection has been installed and positioned in strict accordance with the "Tree Protection Plan" and "Tree Protection Notes" (plan ref 23-079-P-05 Revision D) and Section 4.0 "Tree Protection and Ground Protection" and Section 9.0 "Demolition" of the "Arboricultural Method Statement to BS 5837 : 2012" (ref 2379/EH/AMS001A), as prepared by Bea Landscape Design Ltd. The tree protection fencing and/or ground protection shall then remain securely in position throughout the entire course of development work, unless otherwise specified in the Arboricultural Method Statement.

Reason: To maintain an effective Construction Exclusion Zone around the designated Root Protection Areas of retained trees, or where encroachment is being permitted by protecting their rooting medium from soil compaction and soil contamination damage, so as to maintain the health, anchorage, urban landscape, visual amenity, screening and biodiversity value of the trees.
(Policy EE4, CBLP July 2021, and Section 15, NPPF December 2023)
15) Throughout the course of development, including demolition, all construction operations shall adhere to the requirements set out in the "Arboricultural Method Statement to BS 5837 : 2012" (ref 2379/EH/AMS001A), as prepared by Bea Landscape Design Ltd, to include Section 9.0 "Demolition", Section 10.0 "Underground Services", Section 11.0 "Removal of Existing Hard Surfacing", Section 12.0 "New Permanent Hard Surfacing", Section 13.0 "Boundary Fence Installation", Section 14.0 "Soft Landscape Implementation" and Section 15.0 "Arboricultural Supervision".

Reason: To ensure that all construction operations are carried out in accordance with good arboricultural practice, and that they comply with the stipulated sequence of operations, as set out in the Arboricultural Method Statement.
(Policy EE4, CBLP July 2021, and Section 15, NPPF December 2023)
16) All ecological measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (WSP, September 2023) and Bat Survey Report (WSP, October 2023) 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.
(Policy EE2, CBLP July 2021, and Section 15, NPPF December 2023)
17) The development hereby permitted shall not commence 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.
(Policy EE2, CBLP July 2021, and Section 15, NPPF December 2023)
18) The surface water drainage shall be constructed to manage surface water runoff from the development for up to and including the 1 in 100 year event (+40%CC), via discharge to an existing water authority system. The final detailed design shall be based on the agreed Flood Risk Assessment and Drainage Strategy (Fairhurst, ref 156529, September 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 in writing.

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 2023)
19) The development hereby permitted shall not be brought into use until a Post-Construction Verification Report with as-built evidence to demonstrate policy compliance with the measures outlined in the submitted Sustainability Statement (Engineering Services Consultancy, 29 November 2023) has been submitted to and approved in writing by the Local Planning Authority. Furthermore submission of BREEAM excellent Certification shall be submitted within 18 months of the development being brought into use.

Reason: To demonstrate high quality sustainability standards.
(Policy CC1, CBLP July 2021, and Sections 2 and 14, NPPF December 2023)
20) The development hereby permitted shall not be brought into use until details of the external sound level emitted from the use of premises and plant, machinery and equipment, and from vibration, and mitigation measures as appropriate, have been submitted to and approved in writing by the Local Planning Authority. The measures shall ensure that the external sound level shall not exceed the 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 use and machinery operating together at maximum capacity. 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 the development being brought into use and thereafter be permanently retained.

Reason: To ensure no adverse impact to neighbouring occupants from noise.
(Policy CC8 and HQ1, CBLP July 2021, and Section 12, NPPF December 2023)
21) The development hereby permitted shall not commence until a site investigation scheme has been submitted to and approved in writing by the Local Planning Authority. This scheme shall be based upon and target the risks identified in the approved Preliminary Risk Assessment (WSP, October 2023) and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater. 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 to the natural environment.
(Policy CC8, CBLP July 2021, and Section 15, NPPF December 2023)
22) The development hereby permitted shall not commence until following a site investigation undertaken in compliance with the approved site investigation scheme a quantitative risk assessment report is submitted to and approved in writing by the Local Planning Authority. The report shall assess the degree and nature of any contamination identified on the site through the site investigation, include a revised conceptual site model from the preliminary risk assessment based on the information gathered through the site investigation to confirm the existence of any remaining pollutant linkages, and determine the risks posed by any contamination to human health and the wider environment.

The development hereby permitted shall not commence until a remediation method statement is 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.

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 any necessary 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 agreed 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 to the natural environment.
(Policy CC8, CBLP July 2021, and Section 15, NPPF December 2023)
23) External artificial lighting at the development shall not exceed lux levels of vertical illumination at neighbouring premises that are recommended by the Institution of Lighting Professionals in the 'Guidance Note 01/20: Guidance Notes for the Reduction of Obtrusive Light' for 'Environmental Zone 3'. Lighting should be minimised, and glare and sky glow should be prevented by correctly using, locating, aiming and shielding luminaires, in accordance with the Guidance Note. Lighting colour shall be warm in appearance and not exceed a temperature of 3000 kelvin (K).

Reason: To ensure no adverse impact to neighbouring occupants from light.
(Policy CC8 and HQ1, CBLP July 2021, and Section 12, NPPF December 2023)
24) The development hereby permitted shall not be brought into use until a Full Travel Plan has been submitted to and approved in writing by the Local Planning Authority; such a Travel Plan shall include details of:

Joint working with other local employers and shared travel plan activities across the local industrial 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 Local Planning Authority.
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 for this.
Details of the transfer of the Travel Plan obligation to the future occupier.
No part of the development shall be brought into use 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 in use.
Reason: To promote sustainable modes of travel and to reduce the potential traffic impact of the development on the local highway network.
(Policy T1, CBLP July 2021, and Section 9, NPPF December 2023)
25) 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)
26) 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 2023)
27) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 22075-PL001 Revision P01, 2075-PL002 Revision P01, 2075-PL003 Revision P01, 2075-PL004 Revision P02, 2075-PL004A Revision P02, 2075-PL005 Revision P10, 2075-PL010 Revision P03, 2075-PL011 Revision P03, 2075-PL012 Revision P03, 2075-PL013 Revision P03, 2075-PL030 Revision P01, 2075-PL031 Revision P02, 2075-PL040 Revision P04, 23-079-P-03 Revision A, 22075-PL041 Revision P06, 23-079-P-05 Revision D, 23-079-P-06 Revision G, 1939-ESC-00-ZZ-DR-E-2100 Revision P7, 23-079-P-04 Revision A, and 156529/0212 Revision P1.

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


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