| Informative Notes: | | 1
)In accordance with Article 35 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, the reason for any condition above relates to the Policies as referred to in the National Planning Policy Framework (NPPF) and the Core Strategy for North Central Bedfordshire.In accordance with Article 35 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, the reason for any condition above relates to the Policies as referred to in the National Planning Policy Framework (NPPF) and the Core Strategy for North Central Bedfordshire. |
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)This permission relates only to that required under the Town & Country Planning Acts and does not include any consent or approval under any other enactment or under the Building Regulations. Any other consent or approval which is necessary must be obtained from the appropriate authority.This permission relates only to that required under the Town & Country Planning Acts and does not include any consent or approval under any other enactment or under the Building Regulations. Any other consent or approval which is necessary must be obtained from the appropriate authority. |
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)You are advised to note the comments of the Environment Agency as follows:
APPENDIX 1 Groundwater and Contaminated Land Technical Comments
The URS Phase 1 Environmental Site Assessment (2015) stipulates that potential pollutant linkages are present at the site. Therefore, we believe a Phase 2 site investigation is warranted to identify any pre-existing contamination on site. We expect groundwater to be sampled during this investigation and appropriate sources to be targeted. We would also ask that speciated TPH is analysed for. We agree with MBH, and their reasons for not choosing aboveground storage tanks. Whilst this document does not constitute an options appraisal, it provides conclusive reasons to adopt underground storage. MBH have stipulated 'this is not the only site like this in the country and the EA have accepted the same reasoned arguments & means of over-coming them elsewhere in the last 10 years'. It should be stated that we assess the risks from any development on a case by case basis, and we have previously objected based on the shallow groundwater. Whilst we have accepted similar sites, it must be demonstrated that the development will not present an unacceptable risk. As this has now been done, we can move forward with the application and work with MBH to ensure that the shallow groundwater is mitigated. Finally, the supporting documentation proposes 'Tertiary protection to the DSSTs installed below ground'. We would like to have confirmation on the housing of the tanks and if a solid bunded vault (or similar) will be implemented. We agree with the other specification outlined thus far. APPENDIX 2 Advice to Applicant We consider any infiltration Sustainable Drainage System (SuDS) greater than 2.0 m below ground level to be a deep system and are generally not acceptable. All infiltration SuDS require a minimum of 1.2 m clearance between the base of infiltration SuDS and peak seasonal groundwater levels. All need to meet the criteria in our Groundwater Protection: Principles and Practice (GP3) position statements G1 to G13. In addition, they must not be constructed in ground affected by contamination.
We recommend that developers should:
Refer to our 'The Environment Agency's approach to groundwater protection', formerly 'Groundwater Protection: Principles and Practice (GP3)':
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/620438/LIT_7660.pdf
The risk management framework provided in CLR11, 'Model Procedures for the Management of Land Contamination', when dealing with land affected by contamination: http://webarchive.nationalarchives.gov.uk/20140328084622/http://publications.environment-agency.gov.uk/pdf/SCHO0804BIBR-e-e.pdf;
Our 'Guiding Principles for Land Contamination' for the type of information that we require in order to assess risks to controlled waters from the site: http://www.claire.co.uk/useful-government-legislation-and-guidance-by-country/76-key-documents/192-guiding-principles-for-land-contamination-gplc. The Local Authority can advise on risk to other receptors, for example human health);
Our 'Verification of Remediation of Land Contamination' report: http://webarchive.nationalarchives.gov.uk/20140328084622/http://cdn.environment-agency.gov.uk/scho0210brxf-e-e.pdf;
The CL:AIRE 'Definition of Waste: Development Industry Code of Practice' (version 2) and our related 'Position Statement on the Definition of Waste: Development Industry Code of Practice': http://www.claire.co.uk/component/phocadownload/category/8-initiatives?download=212:definition-of-waste-development-industry-code-of-practice and http://www.claire.co.uk/index.php?option=com_phocadownload&view=category&download=178:dow-cop-ea-position-statement&id=8:initiatives&start=20&Itemid=230;
British Standards BS 5930:2015 and BS10175:2011 and our 'Technical Aspects of Site Investigations' Technical Reports P5-065/TR: http://webarchive.nationalarchives.gov.uk/20140328084622/http://publications.environment-agency.gov.uk/pdf/SP5-065-TR-e-e.pdf and http://webarchive.nationalarchives.gov.uk/20140328084622/http://publications.environment-agency.gov.uk/pdf/SP5-065-TR1-e-e.pdf;
Our 'Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination' National Groundwater & Contaminated Land Centre Project NC/99/73: http://webarchive.nationalarchives.gov.uk/20140328084622/http:/cdn.environment-agency.gov.uk/scho0202bisw-e-e.pdf;
Our 'Good Practice for Decommissioning Boreholes and Wells': http://stuartgroup.ltd.uk/downloads/wellservices/groundwater/boreholedecommissioning/EAGuidelines.pdf;
Our website: https://www.gov.uk/government/organisations/environment-agency for more information.
APPENDIX 3 Pollution Prevention
Any facilities, above ground, for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bund.
Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from lorry parks and/or parking areas for fifty car park spaces or more and hardstandings should be passed through an oil interceptor designed compatible with the site being drained. Roof water shall not pass through the interceptor.
Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hard standings susceptible to oil contamination shall be passed through an oil separator designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.
Foul and surface water manhole covers should be marked to enable easy recognition, convention is red for foul and blue for surface water. This is to enable water pollution incidents to be more readily traced.
The Environmental Permitting Regulations make it an offence to cause or knowingly permit any discharge that will result in the input of pollutants to surface waters or groundwater.You are advised to note the comments of the Environment Agency as follows:
APPENDIX 1 Groundwater and Contaminated Land Technical Comments
The URS Phase 1 Environmental Site Assessment (2015) stipulates that potential pollutant linkages are present at the site. Therefore, we believe a Phase 2 site investigation is warranted to identify any pre-existing contamination on site. We expect groundwater to be sampled during this investigation and appropriate sources to be targeted. We would also ask that speciated TPH is analysed for. We agree with MBH, and their reasons for not choosing aboveground storage tanks. Whilst this document does not constitute an options appraisal, it provides conclusive reasons to adopt underground storage. MBH have stipulated 'this is not the only site like this in the country and the EA have accepted the same reasoned arguments & means of over-coming them elsewhere in the last 10 years'. It should be stated that we assess the risks from any development on a case by case basis, and we have previously objected based on the shallow groundwater. Whilst we have accepted similar sites, it must be demonstrated that the development will not present an unacceptable risk. As this has now been done, we can move forward with the application and work with MBH to ensure that the shallow groundwater is mitigated. Finally, the supporting documentation proposes 'Tertiary protection to the DSSTs installed below ground'. We would like to have confirmation on the housing of the tanks and if a solid bunded vault (or similar) will be implemented. We agree with the other specification outlined thus far. APPENDIX 2 Advice to Applicant We consider any infiltration Sustainable Drainage System (SuDS) greater than 2.0 m below ground level to be a deep system and are generally not acceptable. All infiltration SuDS require a minimum of 1.2 m clearance between the base of infiltration SuDS and peak seasonal groundwater levels. All need to meet the criteria in our Groundwater Protection: Principles and Practice (GP3) position statements G1 to G13. In addition, they must not be constructed in ground affected by contamination.
We recommend that developers should:
Refer to our 'The Environment Agency's approach to groundwater protection', formerly 'Groundwater Protection: Principles and Practice (GP3)':
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/620438/LIT_7660.pdf
The risk management framework provided in CLR11, 'Model Procedures for the Management of Land Contamination', when dealing with land affected by contamination: http://webarchive.nationalarchives.gov.uk/20140328084622/http://publications.environment-agency.gov.uk/pdf/SCHO0804BIBR-e-e.pdf;
Our 'Guiding Principles for Land Contamination' for the type of information that we require in order to assess risks to controlled waters from the site: http://www.claire.co.uk/useful-government-legislation-and-guidance-by-country/76-key-documents/192-guiding-principles-for-land-contamination-gplc. The Local Authority can advise on risk to other receptors, for example human health);
Our 'Verification of Remediation of Land Contamination' report: http://webarchive.nationalarchives.gov.uk/20140328084622/http://cdn.environment-agency.gov.uk/scho0210brxf-e-e.pdf;
The CL:AIRE 'Definition of Waste: Development Industry Code of Practice' (version 2) and our related 'Position Statement on the Definition of Waste: Development Industry Code of Practice': http://www.claire.co.uk/component/phocadownload/category/8-initiatives?download=212:definition-of-waste-development-industry-code-of-practice and http://www.claire.co.uk/index.php?option=com_phocadownload&view=category&download=178:dow-cop-ea-position-statement&id=8:initiatives&start=20&Itemid=230;
British Standards BS 5930:2015 and BS10175:2011 and our 'Technical Aspects of Site Investigations' Technical Reports P5-065/TR: http://webarchive.nationalarchives.gov.uk/20140328084622/http://publications.environment-agency.gov.uk/pdf/SP5-065-TR-e-e.pdf and http://webarchive.nationalarchives.gov.uk/20140328084622/http://publications.environment-agency.gov.uk/pdf/SP5-065-TR1-e-e.pdf;
Our 'Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination' National Groundwater & Contaminated Land Centre Project NC/99/73: http://webarchive.nationalarchives.gov.uk/20140328084622/http:/cdn.environment-agency.gov.uk/scho0202bisw-e-e.pdf;
Our 'Good Practice for Decommissioning Boreholes and Wells': http://stuartgroup.ltd.uk/downloads/wellservices/groundwater/boreholedecommissioning/EAGuidelines.pdf;
Our website: https://www.gov.uk/government/organisations/environment-agency for more information.
APPENDIX 3 Pollution Prevention
Any facilities, above ground, for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bund.
Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from lorry parks and/or parking areas for fifty car park spaces or more and hardstandings should be passed through an oil interceptor designed compatible with the site being drained. Roof water shall not pass through the interceptor.
Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hard standings susceptible to oil contamination shall be passed through an oil separator designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.
Foul and surface water manhole covers should be marked to enable easy recognition, convention is red for foul and blue for surface water. This is to enable water pollution incidents to be more readily traced.
The Environmental Permitting Regulations make it an offence to cause or knowingly permit any discharge that will result in the input of pollutants to surface waters or groundwater. |
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)You are advised to note the comments of the Internal Drainage Board as follows:
It is noted that the proposed means of surface water discharge is direct to a watercourse under the Boards control. If discharge to the watercourse is via existing outfall's then providing there is to be both no change to the existing storm water drainage arrangements and no increase in the impervious area of this site the Board will offer no objections to this development. If discharge to the watercourse is via new outfalls, the Boards prior consent will be required for agreed flows.You are advised to note the comments of the Internal Drainage Board as follows:
It is noted that the proposed means of surface water discharge is direct to a watercourse under the Boards control. If discharge to the watercourse is via existing outfall's then providing there is to be both no change to the existing storm water drainage arrangements and no increase in the impervious area of this site the Board will offer no objections to this development. If discharge to the watercourse is via new outfalls, the Boards prior consent will be required for agreed flows. |
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)You are advised to note the comments of the Flood Risk Officer as follows:
We consider that planning permission could be granted to the proposed development and the final design and maintenance arrangements for the surface water system agreed at the detailed design stage, if the following recommendations and planning conditions are secured.
For a Full application, we would expect some form of drainage statement. If the existing drainage is to be used there is an expectation that a brownfield site produces at least a 30% betterment /reduction of outfall rate. This would obviously depend upon site size and expected surface water generated. With this site being a majority hardstanding it is likely some attenuation will be required. Calculations, evidence of storage capacity and a full drainage drawing will be required. If the outfall is to be changed then full structure and installation drawings for the headwall, and consent from the IDB will also be required.
Details of the final proposed impermeable area, peak flow rate and storage requirement, with full calculations and methodology. The scheme to be submitted shall include provision of attenuation for the 1 in 100 year event (+40% for climate change) and demonstrate that the surface water runoff generated during rainfall events up to and including the 1 in 100 years rainfall event (to include for climate change) will not exceed the run-off from the undeveloped site following the corresponding rainfall event.
Any existing, ditches that for part of the system/outfall will need to be part of the/a continued maintenance and management plan to ensure the discharge can be conveyed from site.
There are no calculations to verify storage requirement. Correspondence with the IDB should be included in the next submission to prove acceptance of discharge rate if this expected to change.
A full drainage drawing is required, this should show; pipe numbers, inverts, control features, storage etc.
Where the use of permeable surfacing is proposed, this should be designed in accordance with the 'CIRIA RP992 The SuDS Manual Update: Paper RP992/28: Design Assessment Checklists for Permeable/Porous Pavement'.
The final detailed design including proposed standards of operation, construction, structural integrity and ongoing maintenance must be compliant with the 'Non-statutory technical standards for sustainable drainage systems' (March 2015, Ref: PB14308), 'Central Bedfordshire Sustainable Drainage Guidance' (Adopted April 2014, Updated May 2015), and recognised best practise including the Ciria SuDS Manual (2016, C753).
To ensure future owners and subsequent will be aware of any maintenance requirements / responsibilities for surface water drainage, including ditches; further measures should be proposed by the applicant and may include, for example, information provided to the first purchaser of the property and also designation/registration of the SuDS so that it appears as a Land Charge for the property and as such is identified to subsequent purchasers of the property.
Land drainage Consent under the Land Drainage Act 1991 must be secured to discharge surface water to the existing watercourse/ditch, and details of this provided with the full detailed design. An easement should be provided on the developable side of the watercourse to allow for access for maintenance, this should be 9m but may depend on the maintenance requirements considered appropriate.
The applicant should address the following points (above) 1, 2, 3, 4, 5, 8 when submitting details to discharge condition 6.You are advised to note the comments of the Flood Risk Officer as follows:
We consider that planning permission could be granted to the proposed development and the final design and maintenance arrangements for the surface water system agreed at the detailed design stage, if the following recommendations and planning conditions are secured.
For a Full application, we would expect some form of drainage statement. If the existing drainage is to be used there is an expectation that a brownfield site produces at least a 30% betterment /reduction of outfall rate. This would obviously depend upon site size and expected surface water generated. With this site being a majority hardstanding it is likely some attenuation will be required. Calculations, evidence of storage capacity and a full drainage drawing will be required. If the outfall is to be changed then full structure and installation drawings for the headwall, and consent from the IDB will also be required.
Details of the final proposed impermeable area, peak flow rate and storage requirement, with full calculations and methodology. The scheme to be submitted shall include provision of attenuation for the 1 in 100 year event (+40% for climate change) and demonstrate that the surface water runoff generated during rainfall events up to and including the 1 in 100 years rainfall event (to include for climate change) will not exceed the run-off from the undeveloped site following the corresponding rainfall event.
Any existing, ditches that for part of the system/outfall will need to be part of the/a continued maintenance and management plan to ensure the discharge can be conveyed from site.
There are no calculations to verify storage requirement. Correspondence with the IDB should be included in the next submission to prove acceptance of discharge rate if this expected to change.
A full drainage drawing is required, this should show; pipe numbers, inverts, control features, storage etc.
Where the use of permeable surfacing is proposed, this should be designed in accordance with the 'CIRIA RP992 The SuDS Manual Update: Paper RP992/28: Design Assessment Checklists for Permeable/Porous Pavement'.
The final detailed design including proposed standards of operation, construction, structural integrity and ongoing maintenance must be compliant with the 'Non-statutory technical standards for sustainable drainage systems' (March 2015, Ref: PB14308), 'Central Bedfordshire Sustainable Drainage Guidance' (Adopted April 2014, Updated May 2015), and recognised best practise including the Ciria SuDS Manual (2016, C753).
To ensure future owners and subsequent will be aware of any maintenance requirements / responsibilities for surface water drainage, including ditches; further measures should be proposed by the applicant and may include, for example, information provided to the first purchaser of the property and also designation/registration of the SuDS so that it appears as a Land Charge for the property and as such is identified to subsequent purchasers of the property.
Land drainage Consent under the Land Drainage Act 1991 must be secured to discharge surface water to the existing watercourse/ditch, and details of this provided with the full detailed design. An easement should be provided on the developable side of the watercourse to allow for access for maintenance, this should be 9m but may depend on the maintenance requirements considered appropriate.
The applicant should address the following points (above) 1, 2, 3, 4, 5, 8 when submitting details to discharge condition 6. |
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)The applicants attention is drawn to their responsibility under The Equality Act 2010 and with particular regard to access arrangements for the disabled.
The Equality Act 2010 requires that service providers must think ahead and make reasonable adjustments to address barriers that impede disabled people.
These requirements are as follows:
Where a provision, criterion or practice puts disabled people at a substantial disadvantage to take reasonable steps to avoid that disadvantage;
Where a physical feature puts disabled people at a substantial disadvantage to avoid that disadvantage or adopt a reasonable alternative method of providing the service or exercising the function;
Where not providing an auxiliary aid puts disabled people at a substantial disadvantage to provide that auxiliary aid.
In doing this, it is a good idea to consider the range of disabilities that your actual or potential service users might have. You should not wait until a disabled person experiences difficulties using a service, as this may make it too late to make the necessary adjustment.
For further information on disability access contact:
The Centre for Accessible Environments (www.cae.org.uk)
Central Bedfordshire Access Group (www.centralbedsaccessgroup.co.uk)The applicants attention is drawn to their responsibility under The Equality Act 2010 and with particular regard to access arrangements for the disabled.
The Equality Act 2010 requires that service providers must think ahead and make reasonable adjustments to address barriers that impede disabled people.
These requirements are as follows:
Where a provision, criterion or practice puts disabled people at a substantial disadvantage to take reasonable steps to avoid that disadvantage;
Where a physical feature puts disabled people at a substantial disadvantage to avoid that disadvantage or adopt a reasonable alternative method of providing the service or exercising the function;
Where not providing an auxiliary aid puts disabled people at a substantial disadvantage to provide that auxiliary aid.
In doing this, it is a good idea to consider the range of disabilities that your actual or potential service users might have. You should not wait until a disabled person experiences difficulties using a service, as this may make it too late to make the necessary adjustment.
For further information on disability access contact:
The Centre for Accessible Environments (www.cae.org.uk)
Central Bedfordshire Access Group (www.centralbedsaccessgroup.co.uk) |
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