| 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 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. | Following completion of the works on site, the developer shall submit for the written approval of the Local Planning Authority a "Verification Report" with confirmatory soil sampling and details of materials reused at the site that demonstrates that the reuse material was suitable does not pose any unacceptable risks to receptors associated with the site.
Reason: To protect those engaged in construction and occupation of the development from potential contamination and in order that the development accords with Development Control Policies Development Plan Document Policy DC53 |
| 4. | a) 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 carried out 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.
b) Following completion of the remediation works as mentioned in (a) above, a 'Verification Report' must be submitted demonstrating that the works have been carried out satisfactorily and remediation targets have been achieved.
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. |
| 5. | Hours of Working - Except in emergencies, operations authorised by this permission shall only be undertaken during the following times:
08:00 hours to 18:00 hours Monday to Friday
And at no other times including Saturdays, Sundays, Bank or Public Holidays.
Reason: In the interests of limiting the effects on local and residential amenity, to control the impacts of the development and to comply with Policy DC61 of the Development Control Policies Development Plan Document. |
| 6. | Operations Method Statement - No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority making provision for an Operations Method Statement to control the potential adverse impacts of the development on the amenity of the public, nearby occupiers and the environment. The Operations Method Statement shall include details of:
a) Parking of vehicles of site personnel and visitors;
b) Storage of plant, materials, chemicals, oil and hazardous substances;
c) Measures for minimising the impact of noise, dust and vibration arising from extraction and infilling activities;
d) Siting and design of temporary buildings;
e) A scheme for security fencing/hoardings, depicting a readily visible 24-hour contact number for queries or emergencies; and
f) Details of the disposal of waste arising from the operational programme, including from any buildings with the burning of waste on the site, at any time, to be specifically precluded.
The development shall be carried out in accordance with the approved scheme and statement.
Reason:-
Insufficient information has been supplied with the application in relation to the proposed restoration methodology. Submission of details prior to commencement will ensure that the method of construction protects residential amenity. It will also ensure that the development accords the Development Control Policies Development Plan Document Policy DC61. |
| 7. | No works shall take place in relation to any of the development hereby approved until a site investigation is undertaken to assess the level and extent of any landfill gas present, together with an assessment of associated risks. The investigation shall be in accordance with a scheme submitted to and approved in writing by the Local Planning Authority prior to any development commencing.
If during development works any contamination should be encountered which was not previously identified in the Site Investigation then works should halt immediately and the Local Planning Authority consulted to agree appropriate further action.
Reason:-
The development is situated on or within 250 metres of a current or historic landfill site or gravel pit. Insufficient information has been supplied with the application to judge the risk arising from landfill gas. Submission of an assessment prior to commencement will protect those redeveloping this site and any future occupants from potential landfill gas and will ensure that the development accords with the Development Control Policies Development Plan Document Policies DC54 and DC61. |
| 8. | No works shall take place in relation to any of the development hereby approved (except works required to secure compliance with this condition) until the following Contaminated Land reports (as applicable) are submitted to and approved in writing by the Local Planning Authority:
a) A Phase I (Desktop Study) Report documenting the history of this site, its surrounding area and the likelihood of contaminant/s, their type and extent incorporating a Site Conceptual Model.
b) 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.
c) 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.
d) 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
e) 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:-
Insufficient information has been supplied with the application to judge the risk arising from contamination. Submission of an assessment prior to commencement will ensure the safety of the occupants of the development hereby permitted and the public generally. It will also ensure that the development accords with Development Control Policies Development Plan Document Policies DC54 and DC61. |
| 9. | Waste materials advice:
The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/ or land development works are waste or have ceased to be waste. Under the Code of Practice:
-excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they fit for purpose and unlikely to cause pollution
-treated materials can be transferred between sites as part of a hub and cluster project
-some naturally occurring clean material can be transferred directly between sites
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
The developers should refer to:
-the position statement on the Definition of Waste: Development Industry Code of Practice
-The waste management page on GOV.UK |
| 10. | 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. 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. |
| 11. | 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 2018. |
