| No. | Condition Text |
|---|
| 1. | The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plan (as set out on page one of the this decision notice).
Reason:-
For the avoidance of doubt and to ensure that the development is carried out as approved. |
| 2. | This permission shall be for a limited period, expiring on 2nd August 2031, which is 20 years after the commencement date on 2nd August 2021. After this date the use hereby permitted shall be discontinued and by no later than one year after the cessation of the use, all built form, including all hard surfacing and access tracks, removed from the site and the site restored in accordance with Clay Tye_ Restoration Scheme_ Final approved by application ref. Q0020.21.
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. |
| 3. | 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 and ensure that the development accords with Development Control Policies Development Plan Document Policies DC56 and DC61. |
| 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 the Development Control Policies Development Plan Document Policy DC61. |
| 5. | All planting, seeding or turfing comprised within the landscape scheme, as detailed within the Landscape and Visual Appraisal (Prepared by EDP dated May 2018), 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 ensure the landscaping scheme is implemented and maintained in accordance with the details submitted and that the development accords with the Development Control Policies Development Plan Document Policy DC61. It will also ensure accordance with Section 197 of the Town and Country Planning Act 1990. |
| 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 the Development Control Policies Development Plan Document Policy DC58. It will also ensure accordance with Section 197 of the Town and Country Planning Act 1990. |
| 7. | The development shall be undertaken in accordance with document refs. CTF Construction Method Statement Phase 2 FINAL and Clay Tye (Phase 2) Construction Method Statement Plan.
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 the Development Control Policies Development Plan Document Policies DC32 and DC61. |
| 8. | 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 the Development Control Policies Development Plan Document Policies DC32 and DC61. |
| 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. |
