| No. | Condition Text |
|---|
| 1. | The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason:- To comply with Section 91 of the Town and Country Planning Act 1990. |
| 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. | Aggregate and chalk stockpile shall only be stored within the aggregate and chalk stockpile bays hereby granted and shall not exceed 5m in height.
Reason: In the interests of local amenity. |
| 4. | On completion of the dredging works the site shall be restored in keeping with the approved restoration plan drawing number 2423/001/H (Restoration Plan).
Reason: To ensure that the proposal adheres to the planning permission and the aspiration of the Council to create the London Riverside Conservation Park |
| 5. | This permission shall be only for a limited period expiring once sufficient material to facilitate the restoration of the Silt Lagoons has been imported and a formal completion of the restoration works secured under planning permission P2076.17, dated 04-09-2018, unless agreed otherwise with the Local Planning Authority. If restoration works cease for a period of 12 months or more, the plant and ancillary equipment and recycled aggregates, stockpiled chalk and clays (the development hereby permitted) shall be removed and the site reinstated in accordance with the restoration scheme for the area, to the satisfaction of the Local Planning Authority.
Reason:- To ensure that the development is removed following completion of the restoration works to create the London Riverside Conservation Park. |
| 6. | The development hereby permitted shall be undertaken in accordance with the details and conditions outlined in the submitted 'Flood Risk Analysis', dated 28 October 2015.
Reason:- In the interests of ensuring that the network of sluices around the lagoons are managed effectively and that the development does not give rise to additional flood risk in the locality. |
| 7. | If, during development, contamination not previously identified is found to be present at the site then no further development, unless otherwise agreed in writing with the Local Planning Authority, shall be undertaken, until a remediation strategy detailing how this unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved. |
| 8. | Following completion of the remediation works, as required by the above, a verification report shall then be undertaken and submitted, demonstrating that the works have been carried out satisfactorily and remediation targets achieved. The verification report shall be submitted to the Local Planning Authority for approval in writing.
Reason:- To ensure that any previously unidentified contamination found at the site is investigated and satisfactorily addressed, in order to protect those engaged in construction and occupation of the development from potential contamination. |
| 9. | Hours of Operation (processing plant):
a) No materials processing operations authorised by this permission shall be carried out on the application site except between the following times:-
0630 to 1900 hours Mondays to Fridays.
0630 to 1700 hours Saturdays, with no working on Sundays or Public holidays.
b) This condition shall not apply to the delivery of materials to the application site under planning permission reference P2076.17, dated 04-09-18.
c) This condition shall not apply in cases of emergency when people on site or property is at risk or for water pumping activities.
Reason: - To minimise the impact of the development on the surrounding area in the interests of amenity. |
| 10. | The Noise Control Recommendations, as detailed in the Noise Assessment provided in support of this application, prepared by Vibrock (dated 31 January 2022, reference R22.11341/2/AP) shall be adopted and maintained at all times.
Reason: - In order to prevent loss of amenity to nearby noise sensitive premises from noise. |
| 11. | No more than an average of 88 HGVs per day calculated over a rolling period comprising 20 working days (Monday to Friday) shall enter the application site from the A13 and Ferry Lane/Cold Harbour Lane or depart the application site toward the A13 and Ferry Lane/Coldharbour Lane between the hours of 0630 and 1000 Monday to Friday. For the avoidance of doubt HGV trips to and from the application site and Rainham Jetty are not restricted during the hours of 0630 and 1000. A detailed log of all HGV loads and movements shall be kept at all times and the records provided as a print from their original format and also in electronic (Microsoft Excel or other commonly-used spreadsheet) format to the Local Planning Authority (LPA) within 14 days of a request made in writing by the LPA. For the avoidance of doubt HGV trips are not restricted at other times when the application site is operational.
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Reason: - To ensure highway safety and efficiency and in the interests of minimising the traffic impact of the development hereby permitted. |
| 12. | Notwithstanding the submitted information, prior to the commencement of the operations of the development hereby permitted, a framework travel plan, shall be submitted to, and approved in writing by the local planning authority. The travel plan shall be implemented in accordance with the approved details from the commencement of the use on site and retained thereafter.
Reason: - To promote and improve opportunities for the use of sustainable forms of transport for employees to gain access to the site and to ensure the development contributes to the Mayor of London's Vision for Cycling and for Sustainable Transport and to ensure that highway safety is not prejudiced. |
| 13. | The operation of the development hereby approved shall not commence until secure cycle storage / cycle parking facilities supported by lockers and showers have been provided and laid out and surfaced to the satisfaction of the Local Planning Authority to provide a secure cycle parking store/s and stand/s for use by staff of, and visitors to the site. The secure cycle storage / cycle parking facilities supported by lockers and showers shall be retained thereafter for the accommodation of cycle parking spaces associated with the development site.
Reason: In order to ensure that there is adequate provision for secure cycle and powered two wheeler accommodation within the application site, encouraging alternative modes of transport, to ensure the development contributes to the Mayor of London's Vision for Cycling and for Sustainable Transport. |
| 14. | No development, including facilitative activity or site clearance shall take place until a removal and management plan to control Giant Hogweed, including long-term objectives and management responsibilities, has been submitted to, and approved in writing by the LPA. The management plan shall be conducted as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority.
Reason: - The Thames River basin management plan requires the restoration and enhancement of water bodies to prevent deterioration and promote their recovery. Without a Giant Hogweed removal/management plan the Giant Hogweed could spread and the ecological status of the Rainham main sewer and the condition status of the Inner Thames Marshes SSSI could be negatively impacted. |
| 15. | A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority within one year of consent of the development.
The content of the LEMP shall include the following:
a) Description and evaluation of features to be managed.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management.
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g) Details of the body or organisation responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details."
Reason:- To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species). |
| 16. | Prior to commencement of operations, a "lighting design strategy for biodiversity" in accordance with GN: 08/23 (ILP) shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
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 Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species). |
| 17. | Prior to the construction of the development a Construction Environmental Management Plan (CEMP) for ecology shall be submitted for the approval of the Local Planning Authority (LPA). The CEMP shall provide details of ecological mitigation and management measures together with a programme for the construction of the development.
The scheme shall be limited to:
· A risk assessment of potentially damaging construction-type activities,
· Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts on ecology and habitats during construction, including action to be taken if any protected species are found during construction works (these may be provided as a set of method statements)
· The location and timing of sensitive works to avoid harm to biodiversity features
· Details of site induction information and toolbox talks for all relevant on-site working practices, including protocols to demonstrate that the site work force will be briefed about ecology on site and the sensitive habitats adjacent to the site prior to commencement of construction
· Responsible persons and lines of communication, and
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 LPA.
Reason: - To safeguard sensitive habitats and wildlife. |
| 18. | The approved Dust and Emissions Management Plan (DEMP) (reference LWS/RA/NCW/5688/01/DEMPV1.2) dated June 2023 and the dust and odour control measure in the approved Ecological Mitigation and Management Plan (EMMP) (Revision 4 prepared by Land and Water Services) dated February 2023, will be the operational documents. The DEMP and EMMP include a number of management techniques that are used at the site to minimise the potential for dust and particulate matter emissions from the site and the monitoring undertaken to confirm the effectiveness of the management techniques are specified. The dust management techniques presented in the DEMP and EMMP will be employed on site to minimise the potential for dust and particulate matter emissions from the site. The development shall be implemented in full accordance with the approved measures prior to first operations and thereafter be maintained as such for the lifetime of the development.
Reason:- To protect the health of employees on the site and users of neighbouring land and to comply with the national air quality objectives within the designated Air Quality Management Area. |
| 19. | The concrete pad installed at the processing area will be dyed or painted a colour to be agreed in writing with the LPA. The colour will be chosen to blend with the colour of the surrounding landscape in a mottled brown or green.
Reason: - To reduce the landscape and visual impact of the proposed development particularly from elevated views to the south of the site. |
| 20. | Any vehicle entering or leaving the site at any time which is carrying any material for recycling shall have its load fully covered.
Reason:- To prevent waste materials falling from Vehicles. |
| 21. | Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: In accordance with paragraph 38 of the National Planning Policy Framework, improvements required to make the proposal acceptable were negotiated with the agent through provision of additional information and surveys relating to existing species and mitigation measures for biodiversity, control of HGV movement during peak hours, dust and odour measure measures, etc. |
| 22. | Flood Risk Activity Permit
The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:
· on or within 8 metres of a main river (16 metres if tidal)
· on or within 8 metres of a flood defence structure or culvert (16 metres if tidal)
· on or within 16 metres of a sea defence
· involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
· in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it's a tidal main river) and you don't already have planning permission.
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03702 422 549 or by emailing enquiries@environment-agency.gov.uk. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
Waste Permit This development will require an Environmental Permit under Regulation 12 of the Environmental Permitting Regulations from the Environment Agency. We recommend that the applicant contacts Our National Permitting Service for Pre-application advice and guidance to discuss the issues likely to be raised.
We are not sure if the proposed development is something that can be authorised. The WRAP Protocol is for the production of secondary aggregates from limited inert waste streams. As this proposal includes the excavation of non-hazardous wastes, this does not appear to comply with the protocol. The resultant material would still be a waste and require an environmental permit for its recovery or disposal on receiving sites.
Advice to applicant
The control of emissions from Non-Road Going Mobile Machinery (NRMM) at major residential, commercial or industrial sites.
Where development involves the use of any non-road going mobile machinery with a End 5 net rated power of 37kW and up to 560kW, that is used during site preparation, construction, demolition, and/ or operation, at that site, we strongly recommend that the machinery used shall meet or exceed the latest emissions standards set out in Regulation (EU) 2016/1628 (as amended). This shall apply to the point that the machinery arrives on site, regardless of it being hired or purchased, unless agreed in writing with the Local Planning Authority.
This is particularly important for major residential, commercial, or industrial development located in or within 2km of an Air Quality Management Area for oxides of Nitrogen (NOx), and or particulate matter that has an aerodynamic diameter of 10 or 2.5 microns (PM10 and PM2.5). Use of low emission technology will improve or maintain air quality and support LPAs and developers in improving and maintaining local air quality standards and support their net zero objectives.
We also advise, the item(s) of machinery must also be registered (where a register is available) for inspection by the appropriate Competent Authority (CA), which is usually the local authority.
The requirement to include this may already be required by a policy in the local plan or strategic spatial strategy document. The Environment Agency can also require this same standard to be applied to sites which it regulates. To avoid dual regulation this informative should only be applied to the site preparation, construction, and demolition phases at sites that may require an environmental permit.
Non-Road Mobile Machinery includes items of plant such as bucket loaders, forklift trucks, excavators, 360 grab, mobile cranes, machine lifts, generators, static pumps, piling rigs etc. The Applicant should be able to state or confirm the use of such machinery in their application to which this then can be applied. |
