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No.Condition Text
1.The development to which this permission relates must be commenced not later than 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 Section 51 of the Planning and Compulsory Purchase Act 2004).
2.The development hereby permitted shall be carried out in accordance with the following approved plans, particulars and specifications: MLA-261-P-001; 002, 020; 021; 120 Rev A; 121 Rev A; 122 Rev A; 123 Rev A; 124 Rev A; 125 Rev A; 126 Rev A; 127; 128 Rev A; 130; 300 Rev A; 301 Rev A and 320. Design and Access Statement dated 2011 and subsequent Addendum Arboricultural Implications Study Contamination Reports Transport Assessments - May 2011 Travel Plan - May 2011 Energy Strategy - May 2011 Sustainability Report - May 2011 Bat Survey - March 2011 Flood Risk Assessment - February 2011 (Rev A) Noise PPG24 Assessment Planning Statement - May 2011 Heritage Statement/Archaeology Assessment - May 2011 Reason:- The Local Planning Authority consider it essential that the whole of the development is carried out and that no departure whatsoever is made from the details approved, since the development would not necessarily be acceptable if partly carried out or carried out differently in any degree from the details submitted. Also, in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
3.Before dwellings in the new building hereby permitted are first occupied, the areas set aside for car parking shall be laid out and surfaced to the satisfaction of the Local Planning Authority. The parking areas shall be retained permanently thereafter for the accommodation of vehicles visiting the site and shall not be used for any other purpose. Reason: To ensure that car parking accommodation is made permanently available to the standards adopted by the Local Planning Authority in the interest of highway safety and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC33.
4.Before dwellings in the new building hereby permitted are first occupied provision shall be made within the site for 7 no. disabled car parking spaces in accordance with the approved details. Thereafter this provision shall be made permanently available for use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure adequate on-site parking is available for the disabled and to comply with the aims of Policy 6.13 of the London Plan .
5.Provision shall be made within the development for a minimum of 20% of parking spaces to be fitted with active provision of electric vehicle charging points Reason: In the interests of sustainable transport and to accord with Policy 6.13 of the London Plan.
6.Before any of the development hereby permitted is commenced, samples of all materials to be used in the external construction of the new building (other than external bricks) shall be submitted to and approved in writing by the Local Planning Authority. This shall include samples of external doors and window frames, railings, balustrades and external stairs/access deck, reconstituted stone surrounds and colour samples for the window reveals and town house entrances, and details of pointing and mortar mix, which are expected to accord with the information within the Design and Access Statement (May 2011) and the Planning Amendments Addendum (October 2011). Thereafter the development shall be constructed with the approved materials. Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
7.The external bricks to be used within the development shall be as set out in the submitted Planning Amendments Addendum dated October 2011 (page 12) and shall comprise: Town Houses Ibstock Birtly Old English Buff Apartments Ibstock Birtly Millhouse Blend Entrance to apartment block Ibstock Oyster White Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
8.No development shall commence on the new building hereby approved until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping, which shall include full details of the proposed landscaping to the podium area, including the design and height of the proposed raised planters. All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and 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: In accordance with Section 197 of the Town and Country Planning Act 1990 and to enhance the visual amenities of the development, and that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
9.No development shall commence on the new building hereby approved until full details of the proposed living wall have been submitted to and agreed in writing by the Local Planning Authority. This shall include a specification for the construction, planting and on-going maintenance and management of the wall. The development shall then be carried out in accordance with the agreed details. Reason: Reason: In accordance with Section 197 of the Town and Country Planning Act 1990 and to enhance the visual amenities of the development, and that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
10.Details of the proposed children's play equipment shall be submitted to and approved in writing by the Local Planning Authority not later than three months from the commencement of development of the new building hereby approved. The play equipment shall then be installed at the site prior to the first occupation of the development and retained thereafter in accordance with the approved details. Reason: To ensure a satisfactory living environment and to comply with Policies DC20 and DC61 of the LDF, the Residential Design SPD and Policy 3.6 of the London Plan.
11.Prior to the first occupation of the development hereby permitted, provision shall be made for the storage of refuse and recycling awaiting collection according to details which shall previously have been agreed in writing by the Local Planning Authority. Reason: In the interests of amenity of occupiers of the development and also the visual amenity of the development and the locality generally, and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
12.Prior to completion of the works hereby permitted, cycle storage of a type previously submitted to and agreed in writing by the Local Planning Authority shall be provided and permanently retained thereafter. Reason: In the interests of providing a wide range of facilities for non-motor car residents, in the interests of sustainability and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC36.
13.Prior to the commencement of the development hereby approved, details of proposed boundary treatment, shall be submitted to and agreed in writing by the Local Planning Authority. The development shall then be carried out in accordance with the agreed details and the boundary treatment retained thereafter. Reason: In the interests of privacy and amenity and to accord with Policies DC61 and DC63 of the LDF Development Control Policies Development Plan Document.
14.Prior to the commencement of the development hereby approved a full and detailed application for the Secured by Design award scheme shall be submitted to the Local Planning Authority, setting out how the principles and practices of the Secured by Design Scheme are to be incorporated. Once approved in writing by the Local Planning Authority in consultation with the Havering Crime Prevention Design Advisor the development shall be carried out in accordance with the agreed details. Reason: In the interest of creating safer, sustainable communities and to reflect guidance in PPS1 and Policies CP17 and DC63 of the LDF Core Strategy and Development Control Policies Development Plan Document.
15.A scheme for the lighting of external areas of the development shall be submitted to and approved in writing by the local planning authority not later than three months from the commencement of development of the new building hereby approved. The scheme of lighting shall include details of the extent of illumination together with precise details of the height, location and design of the lights. The approved scheme shall then be implemented in strict accordance with the agreed details prior to the first occupation of the development and retained thereafter to the satisfaction of the Local Planning Authority. Reason: In the interests of highway safety and amenity. Also in order that the development accords with Policies DC32 and DC61 of the LDF Development Control Policies Development Plan Document.
16.Prior to the commencement of the development a method statement shall be submitted to and approved in writing by the Local Planning Authority detailing how the recommendations of the bat survey (dated March 2011) will be implemented. This shall include details of further survey work to be undertaken and a programme of mitigation, where the survey indicates this is necessary. The development shall thereafter be carried out in accordance with the agreed details. Reason: In order to ensure that the proposed development has an acceptable impact on protected species and in order that the development accords with the LDF Development Control Policies Development Plan Document Policies DC58 and DC59.
17.No construction works or deliveries into the site shall take place other than between the hours of 08.00 to 18.00 on Monday to Friday and 08.00 to 13.00 hours on Saturdays unless agreed in writing with the local planning authority. No construction works or deliveries shall take place on Sundays, Bank or Public Holidays unless otherwise agreed in writing by the local planning authority. Reason: To protect residential amenity and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
18.Before the development hereby permitted is first commenced, details of wheel scrubbing/wash down facilities to prevent mud being deposited onto the public highway during construction works shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be permanently retained and used at relevant entrances to the site throughout the course of construction works. Reason: In order to 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.
19.Before development is commenced, a scheme shall be submitted to and approved in writing by the local planning authority making provision for a Construction Method Statement to control the adverse impact of the development on the amenity of the public and nearby occupiers. The Construction Method statement shall include details of: a) parking of vehicles of site personnel and visitors; b) storage of plant and materials; c) dust management controls d) measures for minimising the impact of noise and, if appropriate, vibration arising from construction activities; e) predicted noise and, if appropriate, vibration levels for construction using methodologies and at points agreed with the local planning authority; f) scheme for monitoring noise and if appropriate, vibration levels using methodologies and at points agreed with the local planning authority; siting and design of temporary buildings; g) scheme for security fencing/hoardings, depicting a readily visible 24-hour contact number for queries or emergencies; h) details of disposal of waste arising from the construction programme, including final disposal points. The burning of waste on the site at any time is specifically precluded. And the development shall be carried out in accordance with the approved scheme and statement. Reason: To protect residential amenity and in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC61.
20.Prior to the commencement of any works relating to the permitted new building pursuant to this permission the developer shall submit for the written approval of the Local Planning Authority (the Phase I Report having already been submitted to the Local Planning Authority): a) A Phase II (Site Investigation) Report if the Phase I Report confirms the possibility of a significant risk to any sensitive receptors. This is an intrusive site investigation including factors such as chemical testing, quantitative risk assessment and a description of the site ground conditions. An updated Site Conceptual Model should be included showing all the potential pollutant linkages and an assessment of risk to identified receptors. b) A Phase III (Risk Management Strategy) Report if the Phase II Report confirms the presence of a significant pollutant linkage requiring remediation. The report will comprise two parts: Part A - Remediation Scheme which will be fully implemented before it is first occupied. Any variation to the scheme shall be agreed in writing to the Local Planning Authority in advance of works being undertaken. The Remediation Scheme is to include consideration and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval. Part B - Following completion of the remediation works a 'Validation Report' must be submitted demonstrating that the works have been carried out satisfactorily and remediation targets have been achieved. c) If during development works any contamination should be encountered which was not previously identified and is derived from a different source and/or of a different type to those included in the contamination proposals, then revised contamination proposals shall be submitted to the LPA; and d) If during development work, site contaminants are found in areas previously expected to be clean, then their remediation shall be carried out in line with the agreed contamination proposals. For further guidance see the leaflet titled, 'Land Contamination and the Planning Process'. Reason: To protect those engaged in construction and occupation of the development from potential contamination. Also in order that the development accords with the LDF Development Control Policies Development Plan Document Policy DC53.
21.No development shall be commenced until the developer has provided a copy of the Interim Code Certificate confirming that the development design achieves a minimum Code for Sustainable Homes Level 3 rating. The development shall thereafter be carried out in full accordance with the Sustainability Statement. (May 2011). Before the proposed development is occupied the Final Code Certificate of Compliance shall be provided to the Local Planning Authority in order to ensure that the required minimum rating has been achieved. Reason: In the interests of energy efficiency and sustainability in accordance with Policy DC49 of the LDF Development Control Policies Development Plan Document.
22.The renewable energy system shall be installed in strict accordance with the agreed details and operational to the satisfaction of the Local Planning Authority prior to the occupation of any dwelling in the permitted new building. Thereafter, it shall be permanently retained. Reason: In the interests of energy efficiency and sustainability in accordance with Policy DC50 of the LDF Development Control Policies Development Plan Document.
23.Before the use commences, the commercial parts of the building shall be insulated in accordance with a scheme which shall previously have been approved by the Local Planning Authority in order to secure a reduction in the level of noise emanating from the building. Reason: To prevent noise nuisance to adjoining properties in accordance with the recommendations of Planning Policy Guidance Note 24 Planning and Noise .
24.Before any works commence a scheme for any new plant or machinery shall be submitted to the local planning authority to achieve the following standard: Noise levels expressed as the equivalent continuous sound level LAeq (1 hour) when calculated at the boundary with the nearest noise sensitive premises shall not exceed LA90-10dB and shall be maintained thereafter to the satisfaction of the Local Planning Authority. Reason: To prevent noise nuisance to adjoining properties in accordance with the recommendations of Planning Policy Guidance Note 24 Planning and Noise .
25.Before any development is commenced on the retained former Woolpack public house building, a scheme for protecting the proposed dwellings on the upper floors of the converted Woolpack building from noise from any adjacent commercial activities and their associated plant and machinery shall be submitted to and approved by the Local Planning Authority. Any works which form part of the scheme shall be completed before any of the permitted dwellings is occupied and retained thereafter. Reason: To prevent noise nuisance to adjoining properties in accordance with the recommendations of Planning Policy Guidance Note 24 Planning and Noise .
26.Before use commences suitable equipment to remove and/or disperse odours and odorous material should be fitted to the extract ventilation system in accordance with a scheme to be approved in writing by the Local Planning Authority. Thereafter, the equipment shall be properly maintained and operated during normal working hours. Reason: To protect the amenity of occupiers of nearby premises
27.Before a permitted A3 (caf©/restaurant) use commences a scheme to control the transmission of noise and vibration from any mechanical ventilation system installed shall be submitted to and approved in writing by the Local Planning Authority and implemented prior to the permitted use commencing. Thereafter, the equipment shall be properly maintained and operated during normal working hours. Reason: To protect the amenity of occupiers of nearby premises
28.Prior to the commencement of work on the permitted new building an assessment shall be undertaken of the impact of road noise emanating from St. Edwards Way upon the development in accordance with the methodology contained in the Department of Transport/Welsh office memorandum, Calculation of Road Traffic Noise, 1988. Following this, a scheme detailing measures, which are to protect occupants from road traffic noise shall be submitted to, and approved in writing by the Local Planning Authority and shall be implemented prior to occupation of any dwelling in the permitted new building. Reason: To protect future residents against the impact of road noise in accordance with Department of Environments, Planning Policy Guidance Note 24, Planning and Noise.
29.Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) the commercial use hereby approved (i.e. on the ground floor of the former Woolpack public house) shall be for uses falling within Classes A1, A2 and A3 of the Order only and shall be used for no other purpose(s) whatsoever, unless otherwise agreed in writing by the Local Planning Authority. Reason: To restrict the use of the premises to one compatible with the surrounding area and to enable the Local Planning Authority to exercise control over any future use not forming part of this application.
30.The commercial premises on the ground floor of the former Woolpack public house shall not be used for the purposes hereby permitted other than between the hours of 08.00 and 20.00 hours on Mondays to Saturday and 08.00 and 18.00 hours on Sundays, Bank or Public holidays without the prior consent in writing of the Local Planning Authority. Reason: To enable the Local Planning Authority to retain control in the interests of amenity.
31.A) the applicant should secure the implementation of a programme of archaeological field evaluation and survey in accordance with a written scheme for investigation which has been submitted by the applicant and approved by the Local Planning Authority. B) The results of the field evaluation should inform a mitigation strategy to either conserve archaeological assets or ensure their recording through excavation prior to the development. C) The investigation results should be assessed, any significant results analysed and published, and the archive securely deposited. The archaeological works shall be carried out by a suitably qualified investigating body acceptable to the Local Planning Authority." Reason: Important archaeological remains may exist on this site. Accordingly the planning authority wishes to secure the provision of archaeological evaluation to inform determination of any detailed planning consent.
32.Prior to the commencement of any works to the former Woolpack public house detailed drawings or samples of materials, as appropriate, in respect of the following, shall be submitted to, and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details: a) proposed replacement windows b) proposed external doors Reason: To preserve the character and appearance of this heritage asset and to enhance the Romford Conservation Area and to accord with Policy DC68 of the Development Plan Policies LDF.
33.Prior to commencement of any works to the former Woolpack public house the following shall be undertaken: i) a method statement detailing how the existing paint to the external brickwork of the building will be removed, which shall include details of the cleaning system to be used, shall be submitted to and approved in writing by the Local Planning Authority; ii) once the method statement has been approved, a patch test shall be carried out on site to assess the condition of the brickwork and the results of this patch test shall be reviewed on site by the Local Planning Authority; iii) following the review of the patch test results by the Local Planning Authority, final details of the proposed external elevational treatment, including details of pointing and mortar mix where relevant, shall be submitted to the Local Planning Authority. No work to the former Woolpack building shall be undertaken until the external elevational treatment has been approved in writing by the Local Planning Authority and the work must thereafter be carried out in accordance with the approved details. Reason: To ensure the character of the building and the Romford Conservation Area is enhanced and to accord with LDF Policy DC68 and the provisions of PPS5.
34.Prior to the commencement of any works to the former Woolpack public house, details/samples of the colour and finish of the proposed external render and samples of proposed external roof tiles, shall be submitted to and approved in writing by the Local Planning Authority and the work must thereafter be carried out in accordance with the approved details. Reason: To ensure the character of the building and the Romford Conservation Area is enhanced and to accord with LDF Policy DC68 and the provisions of PPS5.
35.All new work and works of making good to the retained external fabric shall be finished to match the existing original work with regard to the methods used and to material, colour, texture and profile and in the case of brickwork facebond and pointing. Reason: To preserve the character and appearance of the Listed Building and its setting.
36.No impact piling shall take place until a piling method statement (detailing the type of piling to be undertaken and the methodology by which such piling will be carried out) has been submitted to and approved in writing by the Local Planning Authority in consultation with the relevant water or sewerage undertaker. Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: The proposed works will be in close proximity to underground water and sewerage utility infrastructure. Piling has the potential to impact on local underground water and sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0845 850 2777 to discuss the details of the piling method statement.
37.If, during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing by the Local Planning Authority) shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority for a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved. Reason: To ensure protection of controlled waters.
38.Prior to the commencement of works on the new building hereby permitted details of the proposed surface treatment to be applied to the proposed entrance brick Ibstock Oyster White shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details. Reason: To ensure the development has a satisfactory appearance and to comply with Policies DC61, DC63 and DC68 of the LDF Core Strategy and Development Control Policies Development Plan Document.
39.Prior to the commencement of works on the new building hereby permitted details of the proposed anti-grafitti treatment to be applied to the external boundary walling of the development shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out and retained in accordance with the agreed details. Reason: To ensure the development has a satisfactory appearance and to comply with Policies DC61, DC63 and DC68 of the LDF Core Strategy and Development Control Policies Development Plan Document.
40.Prior to the commencement of works on the new building hereby permitted, details of a means of enclosure to the proposed children's play area shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include a programme for the ongoing maintenace of the enclosure. The enclosure shall be provided before the first occupation of the new residential building and permanently retained and maintained thereafter in accordance with the approved details. Reason: To ensure the development has a satisfactory appearance and to comply with Policies DC61, DC63 and DC68 of the LDF Core Strategy and Development Control Policies Development Plan Document.
41.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 Article 3, Schedule 2, Part 1, as amended by the Town and Country Planning (General Permitted development) (Amendment)(no. 2)(England) Order 2008, or any subsequent order revoking or re-enacting that order, no extensions, alterations or other development shall take place under Classes A-E in relation to the 2 no. dwellinghouses within the development (shown on the approved plans as unit nos 5 & 6), unless permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority. Reason:- In the interests of amenity and to enable the Local Planning Authority to retain control over future development, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
42.INFORMATIVES 1. The applicant is advised that one additional private fire hydrant will be required by the London Fire Brigade (Water Office). The Fire Brigade is satisfied with the proposals subject to the provision of a dry rising main in the core stairway. 2. If the ground floor of the former Woolpack building is used for A3 purposes the operator should contact the Food Section of the LBH Environmental Health service with detailed proposals regarding a Trade Waste Agreement, a Waste Oil Transfer Agreement, the provision of a grease trap and details of ventilation and extraction. 3. The applicant is advised that planning approval does not constitute approval for changes to the public highway. Highway approval will only be given after suitable details have been submitted, considered and agreed. Any proposals which involve building over the public highway as managed by the London Borough of Havering will require a licence and the applicant must contact the StreetCare Service (Traffic and Engineering section) to commence the submission/licence approval process. 4.Should this application be granted planning permission, the developer, their representatives and contractors are advised that this does not discharge the requirements under 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) required during the construction of the development. 5. In aiming to satisfy condition 14 above, the applicant should seek the advice of the Borough Crime Prevention Design Advisor. He can be contacted through either via the London Borough of Havering Planning Control Service or Romford Police Station, 19 Main Road, Romford, Essex, RM1 3BJ. 6. The development of this site is likely to damage archaeological remains. An archaeological field evaluation will establish the extent and significance of any surviving remains and enable the mitigation of the impact of the development to be planned as part of detailed planning consent. 7. The applicant is advised that the consent of Thames Water will be required for discharge to a public sewer. A trade effluent consent will be required for any effluent discharge other than a domestic discharge. The use of a fat trap is recommended for all catering establishments. The applicant is advised to contact Thames Water direct. 8. Any proposed alterations to the Public Highway shall be submitted in detail for approval prior to the commencement of the development. 9. The necessary agreement, notice or licence to enable the proposed alterations to the Public Highway shall be entered into prior to the commencement of the development. 10. Reason for Approval: The proposal is considered to be in accordance with Policies Policies CP1, CP2, CP4, CP9, CP10, CP15, CP17, CP18, DC2, DC3, DC6, DC7, DC20, DC30, DC32, DC33, DC34, DC36, DC40, DC48, DC49, DC50, DC51, DC52, DC53, DC55, DC58, DC59, DC60, DC61, DC62, DC63, DC66, DC67, DC68, DC70 and DC72 of the Local Development Framework (LDF) Core Strategy and Development Control Policies Development Plan Document. The proposal is considered to accord with Policy DC6 as the amount of affordable housing provision has been justified through the submission of a viability appraisal, which has been independently tested and found to be sound. The proposal is also considered to accord with the Romford Area Action Plan SPD, specifically policies ROM4, ROM6, ROM8, ROM9, ROM14, ROM15, ROM17 and ROM20. The proposal does not fully comply with Policy ROM19 as the building is more than 6 storeys high and not in one of the specified locations for a taller building. However, the height of the building is considered to be justified and the development to be of suitably high architectural quality. In addition, the development is considered to comply with the Residential Design Supplementary Planning Document (SPD), Designing Safer Places SPD, Protecting and Enhancing the Borough s Biodiversity SPD, Heritage SPD and Sustainable Design and Construction SPD are material considerations. The development is considered to accord with the provisions of PPS1, PPS3, PPS5, PPS9, PPS10, PPG13, PPS22, PPS23, PPG24 and PPS25 , as well as Policies 3.3, 3.4, 3.5, 3.6, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 5.2, 5.3, 5.7, 5.12, 5.13, 5.16, 5.21, 6.1, 6.3, 6.9, 6.10, 6.13, 6.14, 7.3, 7.4, 7.6, 7.8, 7.14, 7.15, 7.19 and 8.2 of the London Plan. The proposal is considered to be consistent with Policy 3.9 and Policy 3.12, which requires the maximum reasonable amount of affordable housing to be sought. A development viability appraisal has been submitted with the application, justifying the amount of affordable housing provided. Planning Obligations The planning obligations recommended in this report have been subject to the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010 and the obligations are considered to have satisfied the following criteria:- (a) Necessary to make the development acceptable in planning terms; (b) Directly related to the development; and (c) Fairly and reasonably related in scale and kind to the development