| Conditions or Reasons: | 1)
Time Limits
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-commecenment 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)
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). |
5)
External Lighting
No development shall commence until the details of any external lighting (including construction phase lighting) to be installed on the site, to include the design of the lighting units, details of the colour, direction and intensity of the lighting, any supporting structures and the extent of the area to be illuminated and levels of illumination, have been submitted to and approved in writing by the Local Planning Authority in consultation with Network Rail. The external lighting shall be installed in accordance with the approved details and no additional lighting shall be installed without the further discharge of this condition.
Reason: To protect the visual amenity of the site and its surrounding area and to ensure that lighting does not jeopardise the safety of the adjoining railway. The condition is pre-commencement to ensure that lighting associated with construction does not pose a risk to railway safety.
(Policy HQ1, CBLP and Section 12, NPPF) |
6)
Strategic Water Resources Strategy
No development shall take place until a Strategic Water Resources Strategy has been submitted to and approved in writing by the Local Planning Authority, in consultation with Anglian Water. The strategy will confirm non-domestic water is available to serve the development and should explore innovative solutions which may help reduce overall water demand
Reason: To ensure domestic water supply is not jeopardised and to protect water resources and ensure sustainable development.
(Policy CC7, CBLP and Section 14, NPPF) |
7)
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). |
8)
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 - Energy Centre 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). |
9)
Surface Water Drainage
No development shall commence until the final detailed design of the surface water drainage scheme has been submitted to and approved by the Local Planning Authority. The final detailed design shall be based on the agreed FRA & Drainage Strategy (PN0115-FRA-02, 21.11.24) and DEFRAs non-statutory technical standards for sustainable drainage systems (March 2018) and shall be implemented and maintained as approved. The approved surface water drainage scheme will be implemented early in the construction phase. Any variation to the connections and controls indicated on the approved scheme and supporting drawings, which may be necessary at the time of construction, would require the resubmission of those details to the Local Planning Authority for approval. The following must be provided:
1. A clearly labelled drainage layout plan showing pipe networks and any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe 'node numbers' that have been referred to in network calculations and it should also show invert and cover levels of manholes.
2. The proposed impermeable area.
3. The proposed method of surface water disposal (using the drainage hierarchy) and evidence to support this.
4. Where an outfall discharge control device is to be used such as a vortex control or orifice, this should be shown on the plan with its dimensions and rate of discharge stated.
Reason: The condition is pre-commencement 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 the construction and operational phases of development, in accordance with CBC Local policy CC3 to CC5 and NPPF Paras 170 to 182 Inclusive of foot notes 62 and 63 and its supporting technical guidance. |
10)
Surface Water Drainage System Maintenance and Management Plan
The energy centre hereby permitted shall not be first brought into use until the developer has formally submitted in writing to the Local Planning Authority a finalised 'Maintenance and Management Plan' for the entire surface water drainage system, inclusive of any adoption arrangements and/or private ownership or responsibilities. This shall include a 'verification report' confirming that the surface water drainage scheme has been constructed and is operating as per the approved design. The report shall be prepared by a suitably qualified professional and shall include photographic evidence, testing reports, and any other necessary information to confirm the system's functionality. The surface water drainage system must be proven to be fully operational before the energy centre is brought into use. Where any SuDS features are used temporarily, they shall be remediated in full accordance with the approved design prior to first use.
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 HCWS161, 18th December 2014. |
11)
Implementation of Landscaping Scheme
The planting and landscaping scheme shown on approved Drawing No. SHF.3043.004.ENZ.XX.00.DR.L.45.001 Rev PL04 shall be implemented by the end of the full planting season immediately following the completion and/or first use of any part of the energy centre hereby approved (a full planting season shall mean the period from October to March). The trees, shrubs and grass shall subsequently be maintained for a minimum 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.
Reason: To ensure an acceptable standard of landscaping and tree planting, having regard to the location of the site in the Forest of Marston Vale.
(Policies EE4 & EE9, CBLP and Sections 12 & 15, NPPF) |
12)
Sound levels
The external Rating Level sound level emitted from the development hereby permitted including plant, machinery or equipment at the development hereby approved shall not exceed the existing background sound level when measuring in accordance with BS4142:2014 at a point one metre external to the nearest and/or most affected noise sensitive premises.
Reason: To ensure that the residential amenity of neighbouring occupiers is not prejudiced by excessive noise.
(Policy CC8, CBLP Section 15, NPPF) |
13)
Biodiversity Mitigation and Enhancement
The development hereby approved shall be carried out in accordance with the Mitigation and Enhancement Strategy set out in Rookery South District Heat Network on behalf of Vital Energi Utilities Limited Ecological Assessment Report v5 by Avian Ecology dated 27 January 2025.
Reason: To ensure the development is carried out to minimise harm to, and deliver enhancement to biodiversity.
(Policy EE2, CBLP and Section 15, NPPF) |
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)
Approved Plans
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers VP01 (Application Site Boundary), 50674-VE-EC-XX-DR-A-XX01 PA1 (Energy Center General Arrangement Ground Floor), 50674-VE-EC-RF-XX--DR-A-XX01 P2 (Energy Center Roof Plan), 50674-VE-EC-XX-DR-A-XX02 PA1 (Energy Center General Arrangement - Mezzanine Floor), 50674-VE-SW-XX-DR-A-XX01 P2 (Existing Site Plan), 50674-VE-SW-XX-DR-A-XX02 PA1 (Proposed Site Plan), 50674-VE-SW-XX-DR-A-XX03 PA1 (Boundary Treatment and Surface Finish Plan), 50674-VE-SW-XX-DR-A-XX04 PA1 (Construction Site Plan), 50674-VE-EC-XX-DR-M-XX01 P3 (EC Phased Build Out Plan), 50674-VE-EC-XX-E-A-XX01 PA1 (Proposed Elevations East and West), 50674-VE-EC-XX-E-A-XX02 PA1 (Proposed Elevations North and South), PN0115-PEL-XX-XX-DR-Y-0001 P02 (Proposed Drainage Layout), 50674-VE-SW-XX-DR-M-XX18P4 (Topographical Survey with EC Layout), CBC-001 (Site Location Plan), SHF.3043.004.ENZ.XX.00.DR.L.45.001 Rev PL04.
Reason: To identify the approved plans and to avoid doubt. |
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