Agenda item

As Members will recall, this application was reported to Planning Committee on 14 July 2020, wherein it was resolved to approve the application subject to a suite of planning conditions. Subsequent to this resolution the applicant and agent (in discussions with their legal advisors) have advised that they would like to enter into a Section 106 Agreement to address the issue of skylark plots on land outside of the application site (land under the same current land ownership but beyond the ‘red line’ application boundaries).

Minutes:

Members recalled that this application had been reported to the Planning Committee on 14 July 2020, when it had been resolved to approve the application subject to a suite of planning conditions. Subsequent to that meeting the applicant and agent (in discussions with their legal advisors) had advised that they would like to enter into a Section 106 Agreement to address the issue of skylark plots on land outside of the application site (land under the same current land ownership but beyond the ‘red line’ application boundaries).

 

The Committee was informed that whilst condition 33 of the previous permission was not specific to the requirement for the off-site skylark plots, by inference it was required as it formed part of the mitigation measures set out in the submitted Ecological Assessment referred to in that condition. The condition read as follows:

 

No development shall commence on site, until a scheme to minimise the potential impact of the development on wildlife present on site (including details of the timing of their implementation) has been submitted to and approved by the Local Planning Authority. The Scheme shall have regard to the Ecological Assessment prepared by MLM Consulting Engineers Limited (Revision C02 dated 4 October 2019) that form part of the planning application documents and shall include opportunities to enhance the wildlife value of the site. The scheme shall be fully implemented as so approved.

 

Reason: To ensure that the development incorporates proportionate mitigation measures to address the impact of the development and takes the opportunity to incorporate biodiversity enhancements in accordance with the National Planning Policy Framework and local plan policies.

 

In addition, paragraph 6.38 of the earlier Committee Report (repeated below), stated the following and included reference to the skylark plots:

 

“The planning application submission has included an Ecological Assessment which confirms that an extended phase 1 habitat survey of the site was carried out in late 2018 alongside dedicated protected species surveys (i.e. reptiles, wintering and breeding birds, bats, water vole and otter) that were carried out in 2019. Whilst the report confirms that the current proposals are unlikely to affect bats as boundary trees are to be retained, the proposal will affect habitat suitable for reptiles, birds and water vole. A triangular parcel of land north of the site consisting of improved grassland provides a potential receptor site for reptiles found on site whilst the creation of an attenuation basin and surrounding grassland is taking place. The creation of the basin and grassland will improve the on-site habitat for reptiles, as will the creation of a landscape bund along the northern boundary of the site. It will be possible to mitigate for one skylark territory on site with mitigation for the remaining four territories being provided through eight skylark plots create in off-site arable fields. A mitigation licence will be required from Natural England to allow for the installation of a headwall into the bank of the adjacent ‘Holland Brook’ (on the western boundary of the site) to be carried out lawfully.”

 

It was reported that the applicant and agent (in discussions with their legal advisors) had also reviewed the proposed suite of planning conditions and sought some amendments which would provide a degree of flexibility to recognise the phased approach to the delivery of the site. The approved conditions covered the whole site and did not provide this degree of flexibility.

 

The proposed changes to the planning conditions were considered by Officers to be both acceptable and reasonable, providing the same level of controls but recognising that this site would in all likelihood be delivered in two distinct phases.

 

In terms of the application more generally, it was reported that it related to a site which was approximately 11.2 ha and was presently open agricultural land, with part of the site having been used for weekly car boot sales during March to October. It was in a rural area in the centre of the District and to the immediate south west of the A120/B1035 roundabout at Horsley Cross. Colchester was about 8 miles to the west and Harwich was about 9 miles to the east.

 

The Committee was reminded that an ‘extant’ consent for outline planning permission (13/00745/OUT) on the site had been approved by the Council on 4 August 2014 (with subsequent approval of reserved matters and Certificate of Lawfulness applications to confirm commencement of works) for “Development of site to provide a new industrial park with up to 28,280m2 of floorspace for B2 and B8 uses, a bus depot and 30m high telecommunications mast. All with associated access, landscaping, parking and highway improvements”.

 

Officers felt that the development of the land would result in harm to the character and appearance of the countryside. However, with sensitive design of the buildings and careful use of 'bunding' and soft landscaping the development could result in the creation of iconic structures in a prominent setting. The development layout indicated the retention of boundary trees, and their physical protection during the construction phase of any development, could be secured by conditions.

 

With respect to ecology, provided the avoidance, mitigation, compensation and enhancement measures described in the submitted Ecology Assessment were implemented, Officers felt that there would be no residual effects significant at a local level or above and the scheme should result in a net gain in biodiversity. The development proposals were unlikely to have any significant effect on statutory or non-statutory designated sites.

 

Officers considered that the lawful commencement of works on the existing consented scheme – which kept that ‘extant’ - and the submission of the current application with a known end-user for the ‘Phase 1’ component of the site, indicated that there was now a realistic prospect of business activity on the site and it was hoped that this would be the economic catalyst for ‘Phase 2’ which would bring new businesses into the Tendring area.

 

Therefore Officers believed that the proposal would result in no material harm to interests of acknowledged importance and would facilitate substantial economic development within the District. As per the previous recommendation to the July Planning Committee and the subsequent Committee resolution to approve, officers continued to recommend approval, subject to the list of updated planning conditions and the completion of a Section 106 Agreement.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval subject to recommendations.

 

At the meeting, an oral presentation was made by the Council’s Planning Officer (TF) in respect of the application.

 

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Bray and unanimously RESOLVED, that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

Conditions and Reasons:

 

1.    Application for approval of reserved matters relating to the appearance; landscaping; layout; and scale of the development shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

           

Reason - The application as submitted does not provide sufficient information for consideration of these details and to comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2.    The development hereby permitted shall be begun before the expiration of two years from the date of the approval of the last of the reserved matters approved.

           

Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

3.    In conjunction with the submission of the first of the reserved matters, a Strategic Phasing Plan identifying the various strategic elements of the development and the timing of their provision shall be submitted to and approved in writing by the Local Planning Authority. The Strategic Phasing Plan shall include details of the following:

           

               i.        Surface and foul water drainage strategy incorporating Sustainable Urban Drainage systems and attenuation methods;

              ii.        Strategic biodiversity enhancements and landscaping works; and

             iii.        The order in which the phases are to be developed.

 

The development shall be carried out in accordance with the details of the Strategic Phasing Plan as approved unless otherwise agreed in writing by the Local Planning Authority or through discharge of conditions pursuant to this permission.

           

Reason - To ensure that the scheme is brought forward in a timely and comprehensive manner in the interests of proper planning and to ensure a satisfactory relationship between the various components of the development and between the site and adjoining land.

 

4.    In conjunction with the submission of the first of the reserved matters a Design Code shall be submitted to and approved in writing by the Local Planning Authority. The Design Code shall relate to and include details of the following:

           

            i)          Scale;

            ii)         Density;

            iii)         Massing;

            iv)        Height;

            v)         Landscape;

            vi)        Layout;

            vii)       Design and architectural standards;

            viii)       Materials and external colours;

            ix)        Signage;

            x)         Access;

            xi)        Land use;

            xii)       Parking and servicing areas;

            xiii)       Sustainability principles and energy efficiency measures; and

            xiv)      Key spaces.

           

The development shall be carried out in accordance with the details of the Design Code as approved for the lifetime of the development.

           

Reason - To ensure that the scheme is brought forward in a timely and comprehensive manner in the interests of proper planning; the environment; amenity; the character and appearance of the area and highway safety.

 

5.    No development shall commence in each of the phases identified within the approved Strategic Phasing Plan until reserved matters for that phase relating to the appearance; landscaping; layout; and scale of the development have been submitted to and approved in writing by the Local Planning Authority. The development of each of the phases identified within the approved Strategic Phasing Plan shall be carried out in accordance with the approved details.

           

Reason - The application as submitted does not provide sufficient information for consideration of these details; to comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004; and to ensure that the scheme is brought forward in a timely and comprehensive manner in the interests of proper planning; the environment; amenity; the character and appearance of the area and highway safety.

 

6.    Details of the existing and proposed ground levels of each phase of the development (as approved within the Strategic Phasing Plan referred to in Condition 3) including the finished floor levels; eaves levels; and ridge heights and details of all areas of cut and fill (including details of the importation and exportation of any materials) shall be submitted to the Local Planning Authority. No development within the phase that the details relate to shall begin until those details have been approved in writing by the Local Planning Authority. No building shall be occupied (whether in whole or in part) in the relevant phase until all the works to implement the approved details have been fully completed.

           

Reason - To ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties.

 

7.    Samples and precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in the construction of each phase of the development (as approved within the Strategic Phasing Plan referred to in Condition 3 and the Design Code referred to in Condition 4) shall be submitted to and approved in writing by the Local Planning Authority. No development shall be occupied within the phase that the details relate to until the details have been approved in writing by the Local Planning Authority. The materials as may be approved shall be those used in the development unless otherwise first approved in writing by the Local Planning Authority.

           

Reason - To ensure that materials of an acceptable quality appropriate to the area are used across the application site and for the lifetime of the development.

 

8.    No building on the Phase 1 site shall exceed 21.7 metres in height (save for the boiler house flue which may be up to 59.3m in height) and no building on the Phase 2 site shall exceed 12 metres, as measured from the finished site levels immediately adjacent to the building to which it relates.  

           

Reason - In the interests of proper planning; amenity and the character of the area.

 

9.    No boundary treatments shall be installed within each phase (as approved within the Strategic Phasing Plan referred to in Condition 3) until full written details of the provision; siting; design and materials of screen walls; fences; and security gates within that phase have been submitted to and approved in writing by the Local Planning Authority. The screen walls; fences; and security gates shall be erected in accordance with the approved details before the first occupation of the building(s) to which they relate in that phase and shall at all times thereafter be retained in the approved form.

           

Reason - To ensure that the materials; design; height and location of the boundary treatments are of an acceptable quality appropriate to the area and that they are used across the application site for the lifetime of the development.

 

10.  No street lighting, floodlighting, or other means of illuminating any part of the site outside any of the buildings hereby approved shall be erected or installed until written details of the illumination works have been submitted to and approved in writing by, the Local Planning Authority.  The works concerned shall only be carried out in accordance with the approved details.

           

Reason - In the interests of residential amenity; the character of the area and highway safety.

 

11.  No part of the development shall be occupied until the roundabout on the B1035 to provide access to the proposal site has been completed to accord with the scheme illustrated by drawing no. Highway Layout Plan 3203 02 RA along with any speed management measures required by the Highway Authority details of which shall have first been submitted to and approved in writing by the Local Planning Authority.

           

Reason - To protect highway efficiency of movement and safety in accordance with Policy DM1, DM9 and DM10 of the Highway Authority's Development Management Policies as adopted as County Council Supplementary Guidance in February 2011.

 

12.  No development shall take place on a phase until the following have been provided or completed for that phase:

           

Construction Traffic Management Plan, which shall be adhered to during the construction phase of development for that phase, shall be submitted to and approved in writing by the Local Planning Authority.

           

The Plan should include details regarding any temporary traffic management/signage and wheel cleaning facilities for the duration of the construction phase to prevent the deposition of mud or other debris onto the highway network/public areas, turning and parking facilities for delivery/construction vehicles within the limits of the application site together with an adequate parking area for those employed in developing the site.

 

Reason - In the interests of highway safety and efficiency.

 

13.  No occupation of the development shall take place until the following have been provided or completed:

-  The highway works as shown in principle on Proposed Highway layout plan drawing no. 3203 02 RA, dated 13 September 2019.

-  A 2-metre wide footway on both sides of Clacton Road on the north side of the proposed roundabout including relocation/ replacement of electricity poles/ lighting, road signs, removal of redundant kerbing and replacement with upstand kerb, tactile paving and footway and any associated drainage works.

-  2x2m footway on the north side of the proposed roundabout as shown in principal on drawing no. 3203 02 RA.

 

Reason - To make adequate provision within the highway for the additional pedestrian traffic generated within the highway as a result of the proposed development.

 

14.  Prior to occupation of the proposed development the provision of bus stop infrastructure for the two new bus stops as shown in principal on drawing no. 3203 02 RA, to include but not restricted to bus stop cage markings, bus shelter (x2) Kassel Kerbs and bus timetable information.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

           

15.  The provision of a vehicular turning facility, of a design to be approved in writing by the Local Planning Authority shall be constructed, surfaced and maintained free from obstruction within the site at all times for that sole purpose.

 

Reason - To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety.

 

16.  There shall be no discharge of surface water onto the Highway.

           

Reason - To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

 

17.  No occupation of any phase of the development shall take place prior to the submission of a workplace travel plan to the Local Planning Authority for approval in consultation with Essex County Council for that phase. Such approved travel plan shall be actively implemented for a minimum period of 5 years.  It shall be accompanied by a monitoring fee of £6,000 (plus the relevant sustainable travel indexation) to be paid before occupation to cover the 5-year period unless otherwise agreed in writing by the Local Planning Authority as part of the approved travel plan.

 

Reason – In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

18.  From first occupation of Phase 1 of the development the occupier will provide a private transport service for employees using minibus private hire, taxi or other vehicles or services to transport staff to or from Phase 1 the development as follows:

·         operating Monday to Friday at main shift changeover patterns and or at times when the maximum number of staff arrive at or leave the development site;

·         the staff pick up drop off catchment will include but is not restricted to towns/villages of Brantham, Manningtree, Mistley, and Lawford;

·         pick up and drop off points will be flexible depending on the home location of staff using the service;

·         the service will be free to staff for the first six months of occupation of Phase 1. Staff may then be charged to use the service but as a subsidised rate, no greater than the comparable local bus fare;

·          the service will be operated from first occupation of Phase 1 for a period of up to five years after first occupation of Phase 1 on the subsidised basis;

·         Staff will be made aware of the private transport service as part of their relocation pack, which shall include details of travelling by all active and sustainable modes. Further marketing shall  be carried out as required  to ensure any new starters to the occupant company are also made aware of the service;

·         the service will be first monitored  six months after occupation, with further monitoring occurring annually on the anniversary of site occupation for a period of five years. This monitoring is to be provided to Essex County Council as local highway authority as part of the Travel Plan monitoring. The monitoring will provide relevant statistical information such as the number of staff using the service, reasons why staff who live in the catchment do not use the service, details of any issues with the provision of the service; and

·         the service shall continue on a subsidised basis for a period of five years unless Essex County Council acting reasonably on the basis of the monitoring conclude there is insufficient staff demand for the service, the service will then operate on a commercial basis with no subsidy at the end of the 5-year period.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

19.  From first occupation of Phase 2 of the development the occupier(s) will provide a private transport service for employees using minibus private hire taxi or other vehicles or services to transport staff to or from the Phase 2 development as follows:

·         operating Monday to Friday at main shift changeover patterns and or at times when the maximum number of staff arrive at or leave the development site;

·         the staff pick up drop off catchment will include but is not restricted to towns/villages of Brantham, Manningtree, Mistley, and Lawford;

·         pick up and drop of points will be flexible depending on the home location of staff using the service;

·         for the first six months of occupation of each respective building at Phase 2 the service shall be free to staff based in  that building. Staff may then be charged to use the service but as a subsidised rate, no greater than the comparable local bus fare;

·         the private transport service  provision shall be regularly promoted to all employees on the whole site as part of the occupants commitment to active and sustainable travel, via the occupants individual travel plans;

·         the service shall continue on a subsidised basis for a period of five years unless Essex County Council acting reasonably on the basis of the monitoring conclude there is insufficient staff demand for the service, the service will then operate on a commercial basis with no subsidy at the end of the 5-year period; and

·         the service will be first monitored  six months after occupation, with further monitoring occurring annually on the anniversary of site occupation for a period of five years. This monitoring is to be provided to Essex County Council as local highway authority as part of the Travel Plan monitoring. The monitoring will provide relevant statistical information such as the number of staff using the service, reasons why staff who live in the catchment do not use the service, details of any issues with the provision of the service.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport in accordance with policies DM9 and DM10.

 

20.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended or the Town and Country Planning (use Classes) Order 1987 as amended (or any Orders revoking and re-enacting those Orders with or without modification) no building hereby approved shall be used as an office (whether in whole or in part) except as ancillary to the principal use of that building hereby approved.

           

Reason - In order to ensure that the development is sustainable for its lifetime in accordance with Policy MLM6 of the Tendring District Local Plan: Pre Submission Focussed Changes 2014 and because Class B1 office uses are defined as 'town centre uses' by the National Planning Policy Framework (February 2019) and the accompanying National Planning Policy Guidance: Ensuring the Vitality Viability of Town Centres (March 2014).

 

21.  The submission of reserved matters relating to hard and soft landscaping required by Conditions 1, 3, 4 and 5 of this planning permission for each phase shall include full written details of strategic landscaping/planting belts for the relevant phase of development. The said details shall also accurately identify the spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS5837: 2012 - Trees in Relation to Design; Demolition and Construction". The said details shall also include other areas of strategic planting belts on the perimeter of and within the site and shall also include details of the planting of new trees and shrubs of species which are indigenous and compatible with the landscape and biodiversity characteristics of the locality.

           

Reason - To ensure satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area and to ensure protection during construction works of trees, shrubs and hedgerows which are to be retained on or near the site in order to ensure that the character and amenity of the area are not impaired.

 

22.  All changes in ground levels, hard and soft landscaping, planting, seeding or turfing shown on the landscaping details approved pursuant to Conditions 1, 3, 4 and 5 of this planning permission for each phase shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development of that phase or in such other planting season as shall first have been agreed, in writing, by the Local Planning Authority having had regard to the Strategic Phasing Plan.

           

Reason - To ensure satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area and to ensure protection during construction works of trees, shrubs and hedgerows which are to be retained on or near the site in order to ensure that the character and amenity of the area are not impaired.

 

23.  Unless otherwise formally agreed, in writing, by the Local Planning Authority pursuant to the consideration of the reserved matters, no building on any part of the development hereby permitted shall be constructed (whether in whole or in part) until the carriageway of the said estate access road, which provides access between the buildings and the B1035, has been constructed up to and including at least road base level. Until final surfacing of the estate access road is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or bordering the footway. The carriageway, footways and footpaths in front of each building shall be completed with final surfacing by no later than 12 months after the first occupation of that building.

           

Reason - To protect highway efficiency of movement and safety.

 

24.  Prior to implementation of each phase (as approved within the Strategic Phasing Plan referred to in Condition 3) full written details of the areas to be provided for the loading, unloading, turning and parking of vehicles (including adequate cycle and disabled parking spaces) for that phase shall be submitted to and approved by the Local Planning Authority. No building shall be occupied within that phase until the said areas to which it relates have been constructed in accordance with the details as so approved. The said areas shall be retained and kept available for use as such at all times thereafter.

           

Reason - To protect highway efficiency of movement and safety.

 

25.  No goods, materials or containers shall be stored, stacked or deposited on the site outside the buildings hereby approved above a height of 3m as measured from the finished site level or outside of those areas of the site the details of which shall have previously been submitted to and approved in writing by the Local Planning Authority.  No commercial or manufacturing activities or processes shall be carried on outside the buildings.

           

Reason - In the interests of residential amenity; the character of the area and highway safety.

 

26.  Full written details of areas for the storage of refuse and/or other waste for each phase of the development (as approved within the Strategic Phasing Plan referred to in Condition 3) shall be submitted to and approved by the Local Planning Authority prior to the implementation of the phase of the development to which the details relate. The said areas and details as so approved shall be provided before the first occupation of each building within each phase and shall thereafter be retained as such at all times.

           

Reason - In the interests of the environment; visual amenity; residential amenity; and the character of the area.

 

27.  Details of a dust management plan for each phase of the development (as approved within the Strategic Phasing Plan referred to in Condition 3) shall be submitted to and approved prior to the implementation of the phase that the details relate to.  Such details are to include measures to control the spread of dust and other similar material throughout every construction phase of the development for that phase. The dust management plan as so approved shall be fully implemented.

           

Reason - In the interests of the environment; residential amenity; the character of the area and highway safety.

 

28.  No part of the site shall be used for retail sales (whether in whole or in part) except as directly ancillary to the uses hereby approved.

           

Reason - In order to ensure that the development is sustainable for its lifetime.

 

29.  No works except demolition shall takes place until a detailed surface water drainage scheme for the phase, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority for that phase. The scheme should include but not be limited to:

 

     - Limiting discharge rates to 6.6l/s for the entire site as shown in drawing number 0110, revision P04 for all storm events up to an including the 1 in 100 year rate plus 40% allowance for climate change. All relevant permissions to discharge from the site into any outfall should be demonstrated.

     - Detailed engineering drawings of each component of the drainage scheme.

     - A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

     - A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

The scheme shall subsequently be implemented prior to occupation of that phase. It should be noted that all outline applications are subject to the most up to date design criteria held by the LLFA

 

Reason -

- To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

- To ensure the effective operation of SuDS features over the lifetime of the development.

- To provide mitigation of any environmental harm which may be caused to the local water environment

- Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

30.  No works shall take place on a phase until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority for that phase. The scheme shall subsequently be implemented as approved.

 

Reason - The National Planning Policy Framework paragraph 163 and paragraph 170 state that local planning authorities should ensure development does not increase flood risk elsewhere and does not contribute to water pollution.

 

Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore the removal of topsoils during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development.

 

Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.

 

31.  The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

Reason – To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.

 

32.  No development shall commence on a phase until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority for that phase.  No buildings shall be occupied on the relevant phase until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

           

Reason - To ensure that an adequate and satisfactory means of foul drainage is provided to avoid pollution, in the absence of a foul sewer.

 

33.  No development shall commence on site, until a scheme to minimise the potential impact of the development on wildlife present on site (including details of the timing of their implementation) has been submitted to and approved by the Local Planning Authority. The Scheme shall have regard to the Ecological Assessment prepared by MLM Consulting Engineers Limited (Revision C02 dated 4 October 2019) that form part of the planning application documents and shall include opportunities to enhance the wildlife value of the site. The scheme shall be fully implemented as so approved.

           

Reason - To ensure that the development incorporates proportionate mitigation measures to address the impact of the development and takes the opportunity to incorporate biodiversity enhancements in accordance with the National Planning Policy Framework and local plan policies.

 

34.  No development or preliminary ground-works can commence on a phase until a programme of archaeological evaluation, following aerial rectification of cropmark features, has been secured and undertaken in accordance with a Written Scheme of Investigation, which has been submitted by the applicant, and approved by the planning authority for that phase.

           

Following the completion of this initial phase of archaeological work, a summary report will be prepared and a mitigation strategy detailing the approach to further archaeological excavation and/or preservation in situ, shall be submitted to the local planning authority for the relevant phase.

           

No development or preliminary groundwork can commence on those areas of the development site containing archaeological deposits, until the satisfactory completion of archaeological fieldwork, as detailed in the mitigation strategy, which has been signed off by the local planning authority.

           

Following completion of the archaeological fieldwork, the applicant will submit to the local planning authority a post-excavation assessment (within six months of the completion date, unless otherwise agreed in advance with the planning authority), which will result in the completion of post-excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

           

Reason - To ensure adequate opportunity is provided for archaeological investigation and research on the site which is potentially of archaeological and historic significance in accordance with the National Planning Policy Framework and local plan policies.

 

35.  In conjunction with the submission of the first of the reserved matters for each phase, a strategic phase plan identifying the following elements of the development and the timing of their provision shall be submitted[LH1]  to and approved in writing by the Local Planning Authority for that phase:

 

               i.        Technical design details and timing of a temporary site access (if applicable) for the construction phases of the development;

              ii.        Earthworks and changes in existing ground levels including details of the volumes of any materials that are to be exported from or imported to the site;

             iii.        The provision of utilities;

             iv.        Internal access ways; estate roads; parking and servicing areas.

 

The development on each phase shall be carried out in accordance with the details of the strategic phase plan as approved unless otherwise agreed in writing by the Local Planning Authority or through discharge of conditions pursuant to this permission.

 

Reason - To ensure that the scheme is brought forward in a timely and comprehensive manner in the interests of proper planning; amenity and the character and appearance of the area and to ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties.

 

36.  No development shall commence within each phase until full written details of measures to control odours, including extraction systems, within that phase have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

 

Reason – To control and limit odour in the interests of nearby local amenity and since the application does not include the necessary details for consideration.

 


 [LH1]Not sure why some of the text is in bold

Supporting documents: