| Conditions or Reasons: | 1)
Duration of Permission
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)
Ground Contamination
No development shall commence until a site investigation scheme is submitted to and approved in writing by the Council. This scheme shall be based upon and target the risks identified in the approved preliminary risk assessment, Desk Study for Rookery South ERF Energy Centre Expansion & Proposed District Heating Pipline Route, Millbrook, Bedfordshire dated December 2023 by Sub Surface, report no. SE1771 and shall provide provisions for, where relevant, the sampling of soil, soil vapour, ground gas, surface and groundwater.
No development shall commence until, following a site investigation undertaken in compliance with the approved site investigation scheme, a quantitative risk assessment report has been submitted to and approved in writing by the Council. This report shall assess the degree and nature of any contamination identified on the site through the site investigation; and 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, controlled waters and the wider environment.
If shown to be required by the above, no development shall commence until a remediation method statement has been submitted to and approved in writing by the Council. This statement shall detail any required remediation works and shall be designed to mitigate any remaining risks identified in the approved quantitative risk assessment.
If shown to be required by the above, no development shall 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 Council. 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 gas membrane placement.
If, during development, contamination not previously identified is found to be present at the site, the Council is to be informed immediately and no further development (unless otherwise agreed in writing by the Council) 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 Council. 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 ensure that the site is suitable for its end use and to protect human health and the environment. The condition is pre-commencement to protect the safety of construction workers.
(Policy CC8, CBLP and Section 15, NPPF) |
3)
Construction Environmental Management Plan (CEMP)
The development hereby approved shall not commence until an updated Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The updated CEMP shall include quantitative assessment and specific control measures for dust, noise and impacts, and general control measures for vibration and lighting. Quantitative assessments shall reference the 'ABC' noise limits and methodology of parts one and two of BS 5228 (2009) 'Code of practice for noise and vibration control on construction and open sites' and the Institute of Air Quality Management's 'Assessment of dust from demolition and construction 2-24 V2.2'. A programme of monitoring and audit shall include real time measurement and communication to site management. The plan shall include delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800 to 1800hrs Mondays to Fridays and 0800 to 1300 hrs on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The updated CEMP shall be in accordance with ISO 14001 (2015) 'Environmental Management Systems". The CEMP shall also include requirements to ensure that the site is left in a clean condition and any site debris is fully cleared up and responsibly disposed of. The development shall be carried out strictly in accordance with the updated CEMP.
Reason: This is a pre-commencement condition to ensure development is carried out in a way that manages and minimises pollution risks to the surrounding environment during the construction period.
(Policy CC8, CBLP and Section 15, NPPF) |
4)
No development shall take place until a soft landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall ensure that the proposed tree and hedgerow planting achieves the following:
Tree planting to meet the promised target to replant along the pipeline at a ratio of 2 trees for each tree lost.
Sufficient tree planting to ensure that 30% of the application site area, excluding any public highway, has tree coverage in accordance with the Council's Developing in the Forest of Marston Vale: Design Guidance Supplementary Planning Document (SPD)
to gap up where appropriate existing linear features along the pipeline route.
The scheme shall include a landscape maintenance plan for a period of five years following the implementation of the landscaping scheme. The approved scheme shall be implemented by the end of the full planting season immediately following the completion of the development on the site excluding the public highway (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 tree planting and landscaping having regard to the location of the site in the Forest of Marston Vale. The condition must be discharged prior to commencement to ensure that replacement landscaping and Forest of Marston Vale targets are considered prior to the removal of existing trees on site.
(Policies EE1, EE4, EE5, EE9, HQ1, CBLP and Sections 12 & 15, NPPF) |
5)
Part A: No development shall take place until a Written Scheme of Archaeological Resource Management (WSARM) has been submitted to and approved in writing by the Local Planning Authority. The said development shall only be implemented in full accordance with the approved archaeological scheme and the WSARM shall contain the following components:
method statements for the recording and investigation of any archaeological remains that will be affected by the development.
a method statement for the preservation in situ of any archaeological remains whose survival will not be compromised by any element of the proposal (if appropriate).
a strategy for post-excavation assessment, analysis, archive preparation and publication, including details of the timetable for each stage of the post-excavation works.
Part B: This condition shall only be fully discharged when:
all elements of the archaeological fieldwork have been undertaken, and the date of completion has been confirmed in writing by the Local Planning Authority.
a final archaeological report or (if appropriate) a Post Excavation Assessment Report and an Updated Project Design has been submitted to and approved in writing by the Local Planning Authority. This shall be done within 2 years of the date of completion of the archaeological fieldwork unless otherwise agreed in advance in writing by the Local Planning Authority.
the post-excavation analysis as specified in the approved Updated Project Design (if one is prepared) has been completed.
the preparation of the site archives (including the production of an archive report) for deposition at stores approved by the Local Planning Authority has been undertaken and confirmed in writing by the Local Planning Authority. For the digital archive this will include confirmation of the intention to deposit with a CoreTrustSeal certified repository dedicated to storing archaeological archives.
the publication report text has been prepared for submission to either a recognised archaeological journal, or an approved final archaeological report is submitted for inclusion in the Historic Environment Record, and this has been confirmed in writing by the Local Planning Authority.
Unless otherwise agreed in advance in writing by the Local Planning Authority, items 3, 4 and 5 of Part B of this condition shall be completed within 5 years of the archaeological fieldwork date of completion. Should the project not warrant the production of a Post Excavation Assessment Report and Updated Project Design (Item 2 of Part B), Item 5 of Part B can be completed on the approval of the final archaeological report.
Reason: In line with policy HE1 of the Central Bedfordshire Local Plan 2015-2035 (adopted July 2021) and paragraph 218 of the National Planning Policy Framework (December 2024): to investigate and record any archaeological remains affected by the development, to safeguard the long-term future of the archive and to make the record of all the work publicly available. Part A of this condition is pre-commencement because development works can have an irreversible impact on archaeological remains and an approved programme of investigation must be in place before the development starts. |
6)
Existing Drainage Assets
No development shall take place until a site layout plan detailing the location of existing drainage assets, and any proposed asset diversion, has been submitted to and approved by the Local Planning Authority, in consultation with Anglian Water. The development shall take place in accordance with the site layout plan.
Reason: In order to ensure that the proposal would not compromise the operation or on-going maintenance of drainage assets.
(Policy CC6, CBLP). |
7)
Construction Environmental Management Plan (Biodiversity)
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 be informed by the December 2025 Ecological Assessment Report by Avian Ecology dated 12/12/2025 and include the:
a) Risk assessment of potentially damaging construction activities.
b) Identification of "biodiversity protection zones".
c) 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).
d) The location and timing of sensitive works to harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) 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 the longevity of the landscaping scheme and the ecological enhancement area and to protect the biodiversity value of the site and the visual amenity and character of the area. (Section 15, NPPF). |
8)
Soil Management Plan
No development shall take place until a Soil Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved Soil Management Plan.
Reason: The condition is pre-commencement to ensure that the impacts of the construction of the pipeline on the landscape are minimised through good soil management.
(Policy EE5, CBLP and Sections 12 and 15, NPPF). |
9)
East West Rail Construction Method Statement
No development within the East West Rail safeguarding area or footbridge construction zone (as shown on drawing EWR/1708/PDHN/01/REVB) shall take place until a construction method statement has been agreed in writing with the East West Railway Company Limited and thereafter submitted to and approved in writing by the Local Planning Authority. The construction method statement shall be implemented in accordance with the approved statement.
Reason: The condition must be pre-commencement to ensure that the applicant's development does not conflict with or prejudice the delivery of East West Rail. |
10)
Network Rail BAPA
No development shall take place until evidence that a Basic Asset Protection Agreement has been entered into with Network Rail has been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that the development does not jeopardise the safety of the adjoining railway.
(Policy HQ1, CBLP and Sections 8 and 12, NPPF). |
11)
Soft Landscaping within East West Rail Safeguarding Area
Prior to implementation of any soft landscaping within the East West Rail safeguarding area or footbridge construction zone (as shown on drawing EWR/1708/PDHN/01/REVB), the programme for implementation must be submitted to and approved in writing by the Local Planning Authority (in consultation with East West Railway Company Limited).
Reason: To ensure that the implementation of the soft landscaping aligns with the East West Rail proposals. |
12)
Public Rights-of-Way
No temporary closures of public rights-of-way to facilitate the development shall take place until an updated scheme for public rights of way has been submitted to and approved in writing by Central Bedfordshire Council to include:
proposals for the temporary closure or diversion of public rights of way, including any alternative route provision whilst preparation or construction works take place;
a timetable for the closure or diversion.
The approved scheme shall be implemented in accordance with the agreed timetable of works.
Reason: In the interests of the amenity of users of public rights-of-way in the vicinity of the development.
(Policy EE12, CBLP) |
13)
Gates in Tree Protection Fencing
All gates within the tree protection fencing must be designed and installed so that they are openable from horse back.
Reason: To ensure that use of the bridleways in the area by horseriders is maintained during the construction period.
(Policy EE12, CBLP) |
14)
Unexploded Ordnance
The development shall be carried out strictly in accordance with the recommendations within the submitted Phase One Unexploded Ordnance (UXO) Risk Assessment by1st Line Defence dated 31st October 2024, Report Reference OPN15991-02.
Reason: In the interests of safety.
(Policy CC8, CBLP) |
15)
Traffic Management
The development hereby permitted shall be carried out strictly in accordance with the Rookery South Traffic Management Plan by Vital Energi dated 22/07/2025, Document Reference: 50674-VE-DH-XX-RP-Z-XX01 Issue No: P3 and the undated document titled Addendum by Veritas Planning, received on 22/12/2025 unless alternative traffic management measures are agreed in writing with the Council's Streetworks Team.
Reason: In the interests of highway safety and to minimise inconvenience for residents along the route of the pipeline.
(Policy T1, CBLP and Section 9, NPPF). |
16)
Great Crested Newts Precautionary Working Method Statement
The development shall be carried out strictly in accordance with the Great Crested Newt draft Precautionary Working Method Statement by Avian Ecology dated 12th December 2025.
Reason: To avoid the potential for disturbance, injury or killing of Great Crested Newts, a protected species.
(Policy EE3, CBLP and Section 15, NPPF) |
17)
The development shall be carried out strictly in accordance with BS 5837:2012 Arboricultural Impact Assessment and Arboricultural Method Statement by Enzygo dated November 2024, reference no. 3043.004.ENZ.XX.00.RP.AR.45.102. No equipment, machinery or materials shall be brought on to each phase of the site for the purposes of development until the specified tree protection fencing for that phase has been erected in accordance with the Tree Protection Plans. The approved fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site for each phase. 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.
(Policy EE4, CBLP and Sections 12 & 15, NPPF) |
18)
Approved Plans
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 50674-VE-SW-ZZ-DR-M-XX01 PA6 (Infrastructure Plan), 50674-VE-SW-XX-SI-M-XX07P3 (Site Redline Boundary Layout), 50674-VE-SW-BG-DR-DN-9615 P1 (Trench and Working Area Details) and CBC-001 (Rights-of-Way DH Install Plan).
Reason: To identify the approved plans and to avoid doubt. |
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