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No.Condition Text
1.Approval of the details of the design and external appearance of any building to be erected together with precise details of the type and colour of the materials and the landscaping of the site (herein after called 'reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of THREE YEARS from the date of this permission. Reason for condition:- The application is for Outline permission only and gives insufficient details for the proposed development and to comply with Section 92 of the Town & Country Planning Act 1999 (as amended).
2.The development hereby permitted shall be begun either before the expiration of FIVE YEARS from the date of this permission, or before the expiration of TWO YEARS from the date of the approval of the last of the reserved matters to be approved, whichever is the later. Reason for condition:- To comply with section 92 of the Town & Country Planning Act 1999 (as amended).
3.The development must be carried out in strict accordance with the application form, details, other documents (as appropriate) and the above drawings, submitted or provided by the applicant. Reason for condition:- To ensure the satisfactory development of the site.
4.No development shall take place on site until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include: - hard surfacing materials; - means of enclosure; - proposed finished levels or contours; - minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc,) Soft landscaping shall include: - Planting plans; - Written specifications ( including cultivation and other operations associated with plant and grass establishment); - Schedules of planting, noting species, plant sizes and proposed numbers/densities where appropriate; - Implementation programme Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with policy DC12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009.
5.Unless otherwise agreed in writing, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved: A. Desk Study A desk study and risk assessment to determine the risk of any contamination on the site, whether or not it originates on the site. The desk study and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include an assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments. B. Site Investigation A site investigation and risk assessment to determine the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include (i) the same details as in part A above (ii) a survey of the extent, scale and nature of contamination and (iii) an appraisal of remedial options, and proposal of the preferred option(s). C. Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. D Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. The above must be undertaken in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. INFORMATIVE:- Land contamination risk assessment is a step-by-step process. During the course of the risk assessment process set out in the above condition, it may become clear that no further work is necessary to address land contamination risks. Where this is the case the condition may be discharged by the Council without all the steps specified being completed. In all cases written confirmation should be obtained from the Council confirming that the requirements of the condition have been met.
6.In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy.
7.Prior to the commencement of development, a scheme for generating at least 10% of the predicted energy requirement of the development from decentralised renewable and/or low carbon sources (as defined in PPS Planning and Climate Change (2007) or any subsequent revision) shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to the first occupation of the development hereby approved. Reason for condition:- In order to ensure an appropriate standard of sustainable construction. This condition is imposed in accordance with Policy DC15 of the Adopted Core Strategy and Development Control Policies.
8.The development shall include acoustic glazing with ventilation as indicated in Figure 2 of the Environmental Noise Assessment by Loven Acoustics in order to achieve the predicted internal noise levels given in Table 6 of the aforementioned document. Reason for condition:- In the interest of the amenities of future occupants. This condition is imposed in accordance with Policy DC1 of the Adopted Core Strategy and Development Control Policies.
9.Prior to the commencement of the development hereby approved full details of a noise barrier for the western boundary of the site shall be submitted to and agreed in writing by he Local Planning Authority. This should include details of the height, position, appearance including landscaping through the submission of elevational plans, block plan, section drawings and planting/landscaping scheme and include details of how the noise barrier will be maintained and managed. This submission should be based upon the noise barrier referred to and/or indicated within Environmental Noise Assessment by Loven Acoustics, the Planning Statement, Design and Access Statement, the landscape proposal for the bund and amended 1:500 layout plan received on the 3rd of August 2012 by Lanpro. The agreed barrier must be implemented in full prior to the first occupation of any dwelling on-site and retained in this form thereafter. Reason for condition:- In the interest of the amenities of future occupants. This condition is imposed in accordance with Policy DC1 of the Adopted Core Strategy and Development Control Policies.
10.Prior to the commencement of any development, a scheme for the provision, implementation, ownership and maintenance of the surface water drainage shall be submitted in writing and agreed in writing with the Local Authority. The works/scheme shall be constructed and completed in accordance with the approved plans/specification at such time(s) as may be specified in the approved scheme. Reason for condition:- To ensure a satisfactory method of surface water drainage.
11.No works shall commence on the site until such time as detailed plans of the roads, footways, cycleways, foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. All construction works shall be carried out in accordance with the approved plans. Reason for condition:- To ensure satisfactory development of the site and a satisfactory standard of highway design and construction.
12.No works shall be carried out on roads, footways, cycleways, foul and surface water sewers otherwise than in accordance with the specifications of the Local Planning Authority in consultation with the Highway Authority. Reason for condition:- To ensure satisfactory development of the site and to ensure estate roads are constructed to a standard suitable for adoption as public highway.
13.Before any of the dwellings on plots 3 to 31 inclusively are first occupied, the road(s) and footway(s)) shall be constructed to binder course surfacing level from the dwelling to the adjoining County road in accordance with the details to be approved in writing by the Local Planning Authority in consultation with the Highway Authority. Reason for condition: To ensure satisfactory development of the site.
14.Prior to the first occupation of the development hereby permitted a visibility splay measuring 2.4 X 59 metres shall be provided to each side of the access where it meets the highway and such splays shall thereafter be maintained at all times free from any obstruction exceeding 0.225 metres above the level of the adjacent highway carriageway. Reason for condition:- In the interest of highway safety.
15.Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, or any amendments thereto, garage accommodation on the site shall be provided with minimum internal dimensions measuring 3m x 6m. Reason: for condition:- To minimise the potential for on-street parking and thereby safeguard the interest of safety and convenience of road users.
16.Prior to the first occupation of the development hereby permitted a 2.0m wide footpath from Wood Lane to the existing footpath to the south east shall be completed to the written satisfaction of the Local Planning Authority in consultation with the Highway Authority. Reason for condition: In the interests of highway and pedestrian safety
17.Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason for condition: Piling or any other foundation designs using penetrative methods can result in risks to potable supplies from, for example, pollution, risk of mobilising contamination, drilling through different aquifers and creating preferential pathways. Thus it should be demonstrated that any proposed piling will not result in contamination of groundwater.
18.NOTES- Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
19.If the formal discharge of any condition is required, it will be necessary for you to submit to the Council all relevant details, together with a completed application for the "Discharge of Conditions" and the fee as appropriate.
20.Where remediation of contaminated land is required, the developer is advised to put in place measures to ensure that any future alterations/extensions to the development do not undermine completed remediation works and, if appropriate, that the future alterations/extensions include the same scheme of remediation as that included in the original development.
21.The Local Planning Authority has acted positively and proactively in determining this application, (having engaged with the Applicant at the pre-application stage), and by assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise, and by identifying matters of concern within the application and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal in as timely a manner as possible, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0
22.Appeals against planning decisions If you are aggrieved by the decision of your local planning authority to attach any particular condition/s to this permission, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority's decision on your application, then you must do so within: 28 days of the date of service of the enforcement notice, or within 6 months (12 weeks in the case of a householder appeal) of the date of this notice, whichever period expires earlier. If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice. Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.gov.uk/pcs. The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
23.This application is the subject of a S106 agreement.