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No.Condition Text
1.This permission shall be for a limited period, expiring 20 years after the commencement date. After this date the use hereby permitted shall be discontinued and all built form, including all hard surfacing and access tracks, removed from the site in accordance with a restoration scheme to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The submitted restoration scheme shall detail the site's restoration to agricultural land. Reason:- This application has required a balanced judgement to made as to overall acceptability of the development, in context of the definitional harm to the Green Belt and openness. It is noted that the applicant applied for permanent planning permission but it is also noted that the batteries have a general 20 year life expectancy. Whilst it is accepted that the batteries could simply be replaced, by limiting the life of the site initially to 20 years it is considered the Local Planning Authority are able to retain control and ensure that in the future the proclaimed benefits of the facility still exist. The condition, through the required restoration, will also seek to safeguard the Green Belt, in accordance with the NPPF, and ensure that future developments do not come forward on this site under the pretence of it being brownfield land. Albeit a temporary planning permission, it is not considered that this restriction would render the development unviable.
2.The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans (as set out on page one of this decision notice). Reason:- For the avoidance of doubt and to ensure that the development is carried out as approved.
3.All planting, seeding or turfing comprised within the landscape scheme, as detailed within plan refs. Edp3953_04b sheets 1, 2 and 3 dated October 2021, shall be carried out in the first planting season following completion of the development. Any trees or plants which within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason:- To protect the visual amenities of the development and in accordance with Policy P27 of the Local Plan (2016-203) adopted 2021.
4.Boundary treatments shall be in accordance with details shown in plan ref. HES 077 Clay Tye Layout 002a Rev L. The boundary treatment shall then be carried out in accordance with the approved details and retained permanently thereafter, for the life of the development, to the satisfaction of the Local Planning Authority Reason: To protect the visual amenities of the development and ensure that the development accords with Policy P27 of the Local Plan (2016-203) adopted 2021.
5.Details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority, for review and approval in writing, prior to installation. Any such submission shall include details of the extent of illumination together with precise details of the height, location and design of the lights. The installation of any such lighting shall be undertaken in accordance with the approved details. Reason:- Insufficient information has been supplied with the application to judge the impact arising from the installation of external lighting. Submission of this detail prior to installation will protect amenity; the river corridor of the adjoining neighbours.
6.The mitigation measures identified in the Ecological Assessment (prepared by Avian Ecology: dated 31.05.2018) shall be implemented in full during both the construction and operational phases of the development hereby approved. Once implemented the mitigation measures shall be adhered for the lifetime of the development. Reason:- To ensure the ecological mitigation measures are implemented and maintained in accordance with the details submitted and that the development accords with Policy P30 of the Local Plan (2016-203) adopted 2021.
7.Before the development hereby permitted is first commenced, vehicle cleansing facilities to prevent mud being The development shall be undertaken in accordance with document refs. Construction Method Statement Phase 2 FINAL, Clay Tye (Phase 2) Construction Method Statement Plan and Clay Tye Construction Noise Impact Assessment unless otherwise agreed in writing. Reason:- To ensure that the facilities provided prevent materials from the site being deposited on the adjoining public highway, in the interests of highway safety and the amenity of the surrounding area. It will also ensure that the development accords with Policy P34 of the Local Plan (2016-203) adopted 2021.
8.Changes to the public highway (including permanent or temporary access) - Planning approval does not constitute approval for changes to the public highway. Highway Authority approval will only be given after suitable details have been submitted considered and agreed. If new or amended access is required (whether temporary or permanent), there may be a requirement for the diversion or protection of third party utility plant or highway authority assets and it is recommended that early involvement with the relevant statutory undertaker takes place. The applicant must contact Engineering Services on 01708 433751 to discuss the scheme and commence the relevant highway approvals process. Please note that unauthorised work on the highway is an offence. Highway legislation - The developer (including their representatives and contractors) is advised that planning consent does not discharge the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. Formal notifications and approval will be needed for any highway works (including temporary works of any nature) required during the construction of the development. Please note that unauthorised work on the highway is an offence. Temporary use of the public highway - The developer is advised that if construction materials are proposed to be kept on the highway during construction works then they will need to apply for a licence from the Council. If the developer required scaffolding, hoarding or mobile cranes to be used on the highway, a licence is required and Street Management should be contacted to make the necessary arrangements. Please note that unauthorised use of the highway for construction works is an offence. Surface water management - The developer is advised that surface water from the development in both its temporary and permanent states should not be discharged onto the highway. Failure to prevent such is an offence.
9.Statement Required by Article 35(2) of the Town and Country Planning (Development Management) Order 2015: No significant problems were identified during the consideration of the application, and therefore it has been determined in accordance with paragraph 38 of the National Planning Policy Framework.