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Conditions or Reasons for Planning Application - CB/24/02155/VOC
Conditions or Reasons:
1) The development hereby permitted shall begin not later than three years from the date of planning permission CB/21/05609/FULL.

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 carried out except in complete accordance with the details shown on the submitted plans, numbers: 2019-1051 Rev *; 2019-1049 Rev G; 2019-1048 Rev D; 2019-1050 Rev *; 2019-1047 Rev B; Outdoor Lighting Report 16 LED, 700mA, S1 Lens (Lighting reality Pro - ASD Lighting PLC - 9 August 2020); and Highway Diamond Elite (Street & Amenity Lighting Solutions).

Reason: To identify the approved plan/s and to avoid doubt.
3) Notwithstanding the changes of use permitted within Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), the building illustrated as the "Koncept Castles & Productions Building" on drawing number 2019-1049 Rev D shall only be used, or part used, for:
A use falling within Use Class E sub section (g) defined as a "use, or part use, for all or any of the following purposes:
for an office to carry out any operational or administrative functions,
the research and development of products or processes, or
any industrial process,
being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit"; or
A use within Use Class B8 defined as a "use for storage or as a distribution centre",

and no other purpose, including any other purpose falling within Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To exclude the provisions of the said Use Classes Order and thereby ensure the Local Planning Authority retains full control of the future use of the land/building(s) in view of the special circumstances of the case.
4) Notwithstanding the changes of use permitted within Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), the buildings illustrated as Buildings A, B, C and D on drawing number 2019-1049 Rev D shall only be used, or part used, for:
A use falling within Use Class E sub section (g) defined as a "use, or part use, for all or any of the following purposes:
for an office to carry out any operational or administrative functions,
the research and development of products or processes, or
any industrial process,
being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit";
A use within Use Class B2 defined as a "Use for the carrying on of an industrial process other than on falling within Class E sub section (g) above"; or
A use within Use Class B8 defined as a "use for storage or as a distribution centre",

and no other purpose, including any other purpose falling within Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To exclude the provisions of the said Use Classes Order and thereby ensure the Local Planning Authority retains full control of the future use of the land/building(s) in view of the special circumstances of the case.
5) Other than the storage of up to 249 caravans on the land indicated as "caravan parking & storage area" on drawing number 2019-1049 Rev G and the storage of 39 storage containers (consisting of a maximum of 37 x 20 foot Containers and 2 x 40 foot Containers) on the land indicated as "container storage" on drawing number 2019-1049 Rev G, no display or storage of goods, materials, plant, machinery or equipment shall take place other than within the building(s) on the site.

Reason: To safeguard the intrinsic character and beauty of the countryside, the character and appearance of the area and the significance of heritage assets, in accordance with Policies HQ1, HE3 and EE5 of the Central Bedfordshire Local Plan and the NPPF.
6) The storage containers hereby approved shall be sited only in full accordance with drawing number: 2019-1049 Rev G.

Reason: To ensure adequate vehicular turning within the storage area, to safeguard the intrinsic character and beauty of the countryside, the character and appearance of the area and the significance of heritage assets, in accordance with Policies T2, HQ1, HE3 and EE5 of the Central Bedfordshire Local Plan and the NPPF.
7) No part of the storage containers hereby approved shall exceed 3 metres in height as measured from ground level.

Reason: To safeguard the intrinsic character and beauty of the countryside, the character and appearance of the area and the significance of heritage assets, in accordance with Policies T2, HQ1, HE3 and EE5 of the Central Bedfordshire Local Plan and the NPPF.
8) The materials to be used for the external walls and roofs of the buildings hereby approved shall be those approved under CB/24/02155/DOC on 11 March 2024, unless otherwise approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

The materials approved under CB/24/02155/DOC on 11 March 2024 are:
Roof Cladding - Profiled Insulated Steel Panel System [Colour - Juniper Dark Green];
Wall Cladding - Profiled Insulated Steel Panel System [Colour - Dark Grey Anthracite];
Windows, Doors & Frames - PVC-U [Colour - Black];
Roller Shutter Doors - Insulated Steel [Colour - Black];
Gutters - Plastisol coated trimline [Colour - Black]; and
Downpipes - PVC-U [Colour - Black].

Reason: Details are required prior to the commencement of development to control the appearance of the building in the interests of the visual amenities of the locality.
9) Unless otherwise approved in writing by the Local Planning Authority, the hard and soft landscaping as specified on drawing number 2019-1049 Rev G, and hard landscaping as specified on document "Henlow Bridge Lakes DOC Consultee Response" as approved under CB/23/02445/DOC on 04 October 2024, 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: Details are required prior to the commencement of development to ensure an acceptable standard of landscaping.
10) The development hereby permitted shall not be first brought into use, until the development has been carried out and complement in all respects in accordance with the access siting and layout illustrated on the approved plan No. 2019-1049 Rev G and defined by this permission and, notwithstanding the provision of the Town and Country Planning General Permitted Development Order 2015, (or any Order revoking or re-enacting that Order) there shall be no variation without the prior approval in writing of the Local Planning Authority.

Reason: To ensure that the development of the site is completed insofar as its various parts are interrelated and dependent one upon another and to provide adequate and appropriate access arrangements at all times.
11) Operations for which noise is audible at the premises boundary shall only be carried out between the hours of 0700 to 1900 on any day.

Reason: To ensure the residential amenity is not prejudiced by excessive noise. (Section 11 NPPF).
12) Noise resulting from the use of any plant, machinery or equipment on the site shall not exceed the existing background level when measured or calculated according to BS4142:2014.

Reason: To ensure that the residential amenity of neighbouring occupiers is not prejudiced by excessive noise. (Section 11, NPPF).
13) Unless otherwise approved in writing by the Local Planning Authority, no building or hard surface hereby approved shall be first brought into use until the infrastructure intercepting, channeling and draining surface water from that building and/or hard surface has been provided in full accordance with drawing number 2019-1039 Rev G and 2019-1091 Rev G, as well as the details within documents "Kingfisher Park Phase 3 Building A - Soakaway Design (05/07/2023)" and "Section titled "Condition 13, 14 & 15 Surface Water Drainage Design, Maintenance & Management Plan and Foul Water Drainage Design Statement - Storm Water Drainage" of Sherwood Architects - Henlow Bridge Lakes rev A (July 2023)" as approved under application reference CB/23/02445/DOC on 11 March 2024.

Reason: to ensure the approved system will function to a satisfactory minimum standard of operation and maintenance and prevent the increase risk of flooding both on and off site, in accordance with CBC Local policy CC3 to CC5 and NPPF.
14) Unless otherwise approved in writing by the Local Planning Authority, all surface water drainage infrastructure on the site shall be maintained and managed in full accordance with the details within document "Condition 13, 14 & 15 Surface Water Drainage Design, Maintenance & Management Plan and Foul Water Drainage Design Statement - Maintenance & Management Plan" of Sherwood Architects - Henlow Bridge Lakes rev A (July 2023) as approved under application reference CB/23/02445/DOC on 11 March 2024.

Reason: To ensure that the implementation and long term operation of a sustainable drainage system (SuDS) is in line with what has been approved, in accordance with Written Statement CS161, 18th December 2014.
15) The foul water drainage for the site shall be drained by way of connection to the mains sewer network unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure the drainage hierarchy is followed and to ensure the system will function to a satisfactory minimum standard of operation and maintenance and prevent the increased risk of flooding or pollution both on and off site.
16) No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of fire hydrants at the development. Prior to the first use of the development hereby permitted the fire hydrants serving that development shall be installed as approved. Thereafter the fire hydrants shall be retained as approved in perpetuity.

Reason: Details are required prior to the commencement of development to ensure appropriate access to fire hydrants for use in the event of emergency.
17) No development shall commence until a detailed Sustainability Statement, has been submitted to and approved by the Local Planning Authority. The Sustainability Statement shall demonstrate:

How a reduction in carbon dioxide emissions by a least 10% based on emissions rates determined by Part L of the Building Regulations will be achieved. This shall include the submission of a Building Regulations UK Part L (BRUKL) compliance report with calculations for all buildings;
How opportunities to use renewable and low carbon sources have been maximised including the locations and specifications of any solar panels to be installed;
How a water sensitive approach to the design and the incorporation of measures, such as grey water recycling and water butts, that further promote water efficiency than the higher water efficiency standard of 110 litres per person per day and aim to achieve water neutrality;
How the performance gap between built and designed energy use will be negated; and
How adaption measures have been incorporated into the design to achieve flood resilience to impacts of climate change.

Thereafter, no building hereby approved shall be first brought into use until a Verification Survey for that building has been submitted to and approved in writing by the Local Planning Authority, which confirms the measures to address climate change and sustainability, as set out in the approved Sustainability Statement, have been implemented in full.

Reason: Details are required prior to the commencement of development, in the interests of sustainability and to ensure that the proposed development increases its resilience to the impacts of climate change in accordance with Policy CC1 of the CBLP (2021) and the objectives of sustainability set out in the NPPF (2021).
18) The approved development shall not be occupied until the Electric Vehicle Charge Points have been provided in accordance with drawing Number 2019-1049 Rev G. The charging points and associated car parking spaces shall thereafter be retained, as approved and shall remain available for use.

Reason: To ensure that adequate parking with facilities for the charging of electric vehicles are provided in accordance with Policy HQ1 High Quality Design, Policy T5 Ultra Low Emission Vehicles; Policy T3 Parking; Policy T2 Highways Safety and Design and Policy CC1 Climate Change and Sustainability and the National Planning Policy Framework.
19) No external lighting shall be installed unless the external lighting is installed in full accordance with the details shown on drawing number 2019-1049 Rev G, as well as the details within Documents "Coast Lighting CZ-31746-BLK IP65 12 W Fitting Data" and "Section titled "Condition 19: External Building Lighting" of Sherwood Architects - Henlow Bridge Lakes - July 2023 rev A" as approved under reference CB/23/02445/DOC, unless otherwise approved in writing by the Local Planning Authority.

Reason: To mitigate impacts of the development on the intrinsic character and beauty of the Countryside, Ecology and the significance of heritage assets, in accordance with Policy HE3, HQ1, EE2, EE3 and EE4 of the Local Plan; and the NPPF
20) Unless otherwise approved in writing by the Local Planning Authority, the Construction Management Plan as approved under CB/23/02445/DOC on 11 March 2024, shall be adhered to throughout the development process, including details relating to:
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;
dust suppression measures;
construction working hours;
Measures on site to control the deposition of direct/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; and
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.

The Construction Management Plan approved under CB/23/02445/DOC consists of:
Drawing Number: 2241-2019-1072 Rev A - December 2023;
Document: Construction Phase Health & Safety Plan Phase 3 (Wolfwood Consulting); and
Document: Traffic and Site Management Plan (Wolfwood Consulting).

Reason: In the interests of safety, protecting the amenity of local land uses, neighbouring residents and highway safety.


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