Agenda item

This application was removed from the agenda before Planning Committee on 22nd September to enable comments to be received from the Gardens Trust following the recent addition of Beth Chattos Gardens to Historic England’s Register of Parks and Gardens of Special Historic Interest in England. The gardens are listed at Grade II. Comments have now been received from the Gardens Trust and amendments to the original report are in italics.

 

This application is referred to Planning Committee as it represents a departure from the adopted Tendring District Local Plan, proposing housing outside of any settlement development boundary in both the saved and emerging Local Plans.

 

This is a hybrid application which seeks outline planning permission (access included with appearance, landscaping, layout and scale reserved for later consideration) for up to 10,000 square metres of employment floor space within use classes B1 (business), B2 (general industrial) and B8 (storage and distribution); and 14 houses. Full planning permission is sought for 71 houses.

Councillors Scott and Wiggins had earlier in the meeting each declared a personal interest in Planning Application 20/00239/FUL – Ground Floor 1 Lanswood Park, Broomfield Road, Elmstead, Colchester due to being the Ward Members.

 

Members were informed that this application had been referred to the Planning Committee as it represented a departure from the adopted Tendring District Local Plan, proposing housing outside of any settlement development boundary in both the saved and emerging Local Plans.

 

It was reported that this was a hybrid application which sought outline planning permission (access included with appearance, landscaping, layout and scale reserved for later consideration) for up to 10,000 square metres of employment floor space within use classes B1 (business), B2 (general industrial) and B8 (storage and distribution); and 14 houses. Full planning permission was sought for 71 houses.

 

The Committee was informed that this application had originally been submitted for a total of 72 dwellings and had been increased to a total of 85 dwellings in late July, though the proposed employment floor space remained unchanged. This change had been subject to re-consultation with necessary consultees and neighbours which had now expired. The number of dwellings had been increased in order to provide £430,000 to fund a 3G artificial grass pitch on Charity Field. The Supplementary Planning Document supporting saved Policy COM6 confirmed the open space contribution in this case amounted to £205,024.00.  In addition to this the applicant was offering an additional contribution of £224,976.00 which combined with the above open space contribution would provide the full cost of providing the 3G artificial grass pitch. This was a departure from saved Policy COM6 and was offered by the applicant in acknowledgement of the scale of the proposed development and its impact upon the Parish of Elmstead.

 

Members were made aware that the proposal sought to use the 71 dwellings seeking full planning permission in order to “enable” the expansion of the existing Lanswood Business Park due to the infrastructure servicing the site reaching its capacity as acknowledged in the supporting text to Draft Policy SAE3 (Lanswood Park). The viability of the proposal had been independently assessed and confirmed that the proposal could not provide the £955,835.20 requested by Essex County Council Education or the 26 affordable dwellings. In terms of S106 contributions the applicant had offered £430,000 to fund a 3G artificial grass pitch on Charity Field (£205,024 open space contribution and additional contribution of £224,976.00); the required RAMS contribution of £10,674.30 (£125.58 per dwelling); and £50,000 towards the upgrade of the traffic signals and introduction of MOVA (movement sensor traffic light signals) for the A133 Clacton Road junction with Bromley Road.

 

Officers considered that this was a sustainable location for development and the significant economic benefits of the proposal in providing up to 10,000 square metres of employment floor space, estimated to provide around 600 jobs, were considered to outweigh the modest landscape harm in this context of mixed residential and commercial development.  The proposal did not provide the required contributions towards affordable housing or education on the grounds of viability and this was clearly a negative factor in terms of social sustainability and needed to be balanced against the significant economic benefits of the proposal. Officers were of the opinion that the economic benefits of the proposal, and the viability evidence provided, outweighed the absence of contributions towards education and affordable housing.

 

The proposal, subject to the recommended conditions, was also considered by Officers to be acceptable in terms of highway safety; residential amenity; ecology; heritage assets; archaeology; drainage; and detailed design, scale and layout.

 

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.

 

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

 

An update sheet had been circulated to the Committee prior to the meeting with details of:

 

“Elmstead Parish Council has advised that they are no longer seeking to provide a 3G artificial grass pitch at Charity Field and ‘in lieu’ of this wish to seek provision of a Multi-Use Games Area (MUGA) and associated facilities at a cost of up to £300,000.

 

This means that a surplus of £130,000 will remain from the agreed S106 contribution.

 

The Parish would like to secure £70,000 towards the provision of a signalised crossing on the A133 Clacton Road on the western side of the village. Monies contributing towards this crossing have already been secured from residential developments elsewhere in the village and this additional money would cover the remaining costs for provision.

 

Alternatively, the remaining £130,000 could be used towards affordable housing or education/libraries (ECC had requested a financial contribution of just under £1million towards education and libraries).”

 

However, the Council’s Planning Officer (TF) further updated the Committee to state that the Parish Council no longer wished to pursue an alternative MUGA facility and were happy to continue to seek a financial contribution to provide a 3G artificial pitch at Charity Field. As such the originally officer recommendation should be carried forward.

 

Accordingly, the Committee had before it an amended Officer recommendation to reflect the above.

 

Julia Bolton, a local resident, spoke in support of the application.

 

Parish Councillor John Gray, representing Elmstead Parish Council, spoke in support of the application.

 

Councillor Gary Scott, a local Ward Member, spoke in support of the application.

 

Councillor Giancarlo Guglielmi, the Council’s Portfolio Holder for Corporate Finance and Governance, spoke in support of the application on behalf of Councillor Mary Newton, the Council’s Portfolio Holder for Business and Economic Growth.

 

Chris Board, the agent on behalf of the applicant, spoke in support of the application.

 

During the debate on this application Members concurred with the view of the Officers that the employment and community benefits to be gained from this development would, in this instance, outweigh the lack of affordable housing and education provisions.

 

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

 

Conditions and Reasons:

 

8.3       Full planning permission

 

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason - 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 carried out in accordance with the following approved plans and documents:

 

Layout plan: PA_10_10 E.

House types: PA_20 01, PA_20 02, PA_20 03, PA_20 04, PA_20 04, PA_20 06, PA_20 07, PA_20 08, PA_20 09, PA_20 10, PA_20 11, PA_20 12, and PA_20 13.

Garages: PA_20 20, PA_20 21, PA_20 22, and PA_20 23.

Street scenes: PA_30 01 A and PA_30 02 A.

Section: PA_40 01 A

 

Transport Assessment dated February 2020 and Transport Assessment Addendum dated 21/07/2020 by Richard Jackson Ltd.  

Preliminary Ecological Appraisal dated February 2020 by Hybrid-Ecology Ltd.

Landscape and Visual Appraisal dated February 2020 by SES.

 

Arboricultural Impact Assessment and Preliminary Method Statements dated 10/02/2020 by Tree Planning Solutions.

 

Site Specific Flood Risk Assessment dated February 2020 and Flood Risk Assessment Addendum dated 21/07/2020 by Richard Jackson Ltd. 

 

Contaminated Land and Geotechnical Assessment dated 07/02/2020 by Nott Group.

 

Development Viability report by Fenn Wright dated January 2020 and addendum letter dated 07/04/2020.

 

Reason - For the avoidance of doubt and in the interests of proper planning.

 

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

a)         A preliminary design and Stage 1 Road Safety Audit outlining the proposed junction proposal for the residential development with Grange Farm Close. Details of which shall have been previously agreed in writing with the Local Planning Authority prior to commencement of the development.

b)         An affective 2 metre footway shall be provided from the development to the two new bus stops on A133 Clacton Road.

c)         Two new bus stops on A133 Clacton Road to be provided near Grange Farm Close junction to include but not restricted to shelter (x2) with bus stop flag, Kassel Kerbs and bus timetables.

d)         Alterations to the existing refuge island near the Grange Farm Close junction to provide a crossing point for pedestrians to the new bus stop on the south-eastbound side with drop kerbs/ tactile paving and an affective 2-metre-wide footway to the bus stop.

e)         The upgrade of the two closest bus stops (known as Beth Chatto Gardens) on the A133 Clacton Road near Lanswood Park the improvements to include but not restricted to: bus stop flags, bus timetables, Kassel Kerbs and drop kerbs/tactile paving (x2) for the pedestrian crossing points.

 

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

 

4.         Prior to occupation the vehicle parking area (garage and/or driveway) serving that dwelling as indicated on the approved plans, shall have been provided.  The vehicle parking area and associated turning areas and visitor parking shall thereafter be retained in the approved form. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development.

 

Reason - To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided.

 

5.         Details of cycle parking for every dwelling without a garage shall be submitted to and approved in writing by the Local Planning Authority. The approved facility shall be secure, convenient, covered and provided prior to occupation and retained at all times.

 

Reason - To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

 

6.         Prior to occupation the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, the details of which shall have been previously submitted to and approved in writing by the Local Planning Authority. The travel packs shall include six one day travel vouchers for use with the relevant local public transport operator.

 

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

 

7.         Prior to commencement of any above ground works precise details of the provision, siting, design and materials of screen walls and fences shall have been submitted to and approved in writing by the Local Planning Authority. The approved screen walls and fences shall be erected prior to the dwellings to which they relate being occupied and thereafter be retained in the approved form. Boundary treatments facing the highway or open spaces will be expected to be of high quality e.g. brick walls. This shall include rear access lockable gates for plots 1-9 and 68-70 which have rear parking courtyards.

 

Reason - In the interests of visual and residential amenity.

 

8.         Details of the infrastructure improvements serving the business park expansion hereby granted outline planning permission shall be submitted to and approved in writing by the Local Planning Authority. The infrastructure improvements, as approved, shall be completed in accordance with the provisions of the S106 legal agreement.

 

Reason – The dwellings are approved in association with viability evidence on the basis that they fund the infrastructure improvements to serve the business park expansion.

 

9.         Prior to commencement of any above ground works details of the proposed facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

Reason – Insufficient details have been provided with the application, in the interests of visual amenity.

 

10.       No above ground works shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard and soft landscaping works for the site, which shall include any proposed changes in ground levels and also accurately identify 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 "BS 5837: 2012 - Trees in relation to design, demolition and construction “

 

Reason - This is a publicly visible site where an appropriate landscaping scheme is a visually essential requirement.

 

11.       All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.  Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason - To ensure the adequate maintenance of the approved landscaping scheme for a period of five years in the interests of the character of the surrounding area.

 

8.4       Outline planning permission

 

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

 

13.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

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.

 

14.       No development shall be commenced until plans and particulars of "the reserved matters" referred to in the above conditions relating to the appearance, landscaping, layout and scale have been submitted to and approved, in writing, by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

 

Reason - The application as submitted does not provide sufficient particulars for consideration of these details.

 

15.       The development hereby permitted in relation to access only shall be carried out in accordance with the following approved plans and documents:

 

Layout plan: PA_10_10 E.

 

Transport Assessment dated February 2020 and Transport Assessment Addendum dated 21/07/2020 by Richard Jackson Ltd.  

 

Preliminary Ecological Appraisal dated February 2020 by Hybrid-Ecology Ltd.

 

Landscape and Visual Appraisal dated February 2020 by SES.

 

Arboricultural Impact Assessment and Preliminary Method Statements dated 10/02/2020 by Tree Planning Solutions.

 

Site Specific Flood Risk Assessment dated February 2020 and Flood Risk Assessment Addendum dated 21/07/2020 by Richard Jackson Ltd. 

 

Contaminated Land and Geotechnical Assessment dated 07/02/2020 by Nott Group.

 

Development Viability report by Fenn Wright dated January 2020 and addendum letter dated 07/04/2020.

 

Reason - For the avoidance of doubt and in the interests of proper planning.

 

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

a)         Alterations to the existing refuge island near the Grange Farm Close junction to provide a crossing point for pedestrians to the new bus stop on the south-eastbound side with drop kerbs/ tactile paving and an affective 2-metre-wide footway to the bus stop.

b)         The upgrade of the two closest bus stops (known as Beth Chatto Gardens) on the A133 Clacton Road near Lanswood Park the improvements to include but not restricted to: bus stop flags, bus timetables, Kassel Kerbs and drop kerbs/tactile paving (x2) for the pedestrian crossing points.

 

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

 

17.       Prior to occupation a workplace travel plan shall have been submitted to and approved in writing by the Local Planning Authority. Such approved travel plan shall be actively implemented for a minimum period of 5 years. 

 

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

 

18.       No goods, materials or containers shall be stored, stacked or deposited on the site outside the buildings, nor shall any commercial/manufacturing activities or processes (except for the loading and unloading of vehicles) be carried on outside the buildings, unless otherwise agreed in writing with the Local Planning Authority.        

                                   

Reason - To protect the character and appearance of the area in the interests of visual amenity and the amenity of residents in the locality.

 

8.5       Both full and outline planning permissions

 

19.       No development or preliminary groundworks can commence until a mitigation strategy detailing the excavation / preservation strategy has been submitted to and approved in writing by the local planning authority.

 

Reason – Because the proposal has the potential to harm non-designated heritage assets with archaeological interest.

 

20.       No development or preliminary groundworks can commence on those areas containing archaeological deposits until the satisfactory completion of fieldwork, as detailed in the mitigation strategy, and which has been approved in writing by the local planning authority.

 

Reason - Because the proposal has the potential to harm non-designated heritage assets with archaeological interest.

 

21.       A post excavation assessment shall be submitted to the local planning authority for approval (to be submitted within six months of the completion of the fieldwork, unless otherwise agreed in advance with the Local Planning Authority). This 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 - Because the proposal has the potential to harm non-designated heritage assets with archaeological interest.

 

22.       No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

i.          the parking of vehicles of site operatives and visitors

ii.         loading and unloading of plant and materials

iii.        storage of plant and materials used in constructing the development

iv.        wheel and underbody washing facilities

v.        prior to the commencement of any work on the site, a joint inspection of the route to be used by construction vehicles should be carried out by the Applicant and the Highway Authority, including photographic evidence.

 

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

 

23.       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.

 

24.       Prior to the commencement of development, a Construction Method Statement shall be submitted to and approved in writing by the local planning authority. The Construction Method Statement shall provide for:

 

-           measures to control the emission of dust and dirt during demolition and construction;

-           a scheme for recycling/disposing of waste resulting from demolition and construction works;

-           details of hours of deliveries relating to the demolition and construction of the development;

-           details of hours of site clearance and construction;

-           a scheme to control noise and vibration during the demolition and construction phase, including details of any piling operations.

 

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

 

Reason - In the interests of residential amenity and highway safety and to reduce the likelihood of complaints of statutory nuisance.

 

25.       Prior to commencement of any above ground works a Noise Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority. The Noise Impact Assessment shall assess the impact of the proposed commercial units upon the neighbouring dwellings hereby granted full and outline planning permission. Any necessary mitigation measures shall be detailed within the Noise Impact Assessment and implemented prior to occupation of the affected dwellings and retained as approved thereafter.

 

Reason - Due to the residential areas close proximity to the proposed commercial units.

 

26.       Prior to the construction above damp proof course, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall have been submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any phase, the foul water drainage works relating to that phase must have been carried out in complete accordance with the approved scheme.

 

Reason - To prevent environmental and amenity problems arising from flooding.

 

27.       No works except demolition shall take place until a detailed surface water drainage scheme for the site, 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. The scheme should include but not be limited to:

• Limiting discharge to 3.3 l/s (greenfield 1 in 1 year rate which should be confirmed by greenfield calculations) for the residential site, for all storm events up to and 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.

• Discharge via infiltration for the commercial site for all storm events up to and including the 1 in 100 year rate plus 20% allowance for climate change.

• Final modelling and calculations for all areas of the drainage system.

• 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.

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.

28.       No works shall take place 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. 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.

 

29.       Prior to occupation of any phase a maintenance plan detailing the maintenance arrangements for that phase including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, shall have been submitted to and agreed, in writing, by the Local Planning Authority.  Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided.

 

Reason - To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk.

Failure to provide the above required information prior to occupation may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

 

30.       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.

 

31.       Prior to commencement of any above ground works precise details of the existing site levels, proposed site levels and finished floor level and eaves and ridge heights of the hereby permitted buildings in relation to site levels within adjacent sites and floors, eaves and ridge levels of neighbouring property shall be submitted to and approved in writing by the Local Planning Authority, and shall be implemented as approved unless the Local Planning Authority first gives written approval to any variation.

 

Reason - In the interests of visual amenity and privacy.

 

32.       All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Hybrid Ecology, February 2020). This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

 

Reason - To conserve and enhance Protected and Priority species and allow the LPA to discharge its duties under the UK Habitats Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

33.       No development shall take place (including any demolition, ground works, site clearance) until a further badger survey and updated mitigation statement has been submitted to and approved in writing by the local planning authority. This further survey shall be undertaken to identify whether any Badger activity has changed since the previous surveys were undertaken and whether further mitigation and/or works are required for badgers during the construction phase. The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

 

Reason: To conserve Protected species and allow the LPA to discharge its duties under the Badger Protection Act 1992 and s17 Crime & Disorder Act 1998.

 

34.       No development shall take place (including any demolition, ground works, site 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 include the following.

            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 avoid 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.

            i) Containment, control and removal of any Invasive non-native species present on site

 

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 conserve Protected and Priority species and allow the LPA to discharge its duties

under the UK Habitats Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

35.       Prior to commencement of any above ground works a Biodiversity Enhancement Layout providing the finalised details and locations of the enhancement measures contained within the Preliminary Ecological Appraisal (Hybrid Ecology, February 2020), shall have been submitted to and approved in writing by the local planning authority. The enhancement measures shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

 

Reason - To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

36.       Prior to occupation a lighting design scheme for biodiversity shall have been submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.  All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason - To allow the LPA to discharge its duties under the UK Habitats Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species)

 

37.       Works shall be carried out in full accordance with the Arboricultural Impact Assessment and Preliminary Method Statements dated 10/02/2020 by Tree Planning Solutions unless otherwise agreed in writing by the Local Planning Authority.

 

Reason – To protect existing mature vegetation on site.