Document AE
Conditions of Approval:
FULL APPLICATION
1. The development to which this notice relates must be begun not later than the expiration of fifteen (15) years beginning with the date of this notice.
Reason: To accord with the requirements of Section 91 of the Town and Country Planning Act, 1990 (as amended).
OUTLINE APPLICATION
1. Application for approval of the matters reserved by this permission for subsequent approval by the Local Planning Authority shall be made not later than the expiration of thirteen (13) years beginning with the date of this notice.
Reason: To accord with the requirements of Section 92 of the Town and Country Planning Act, 1990 (as amended). To accord with the requirements of Section 92 of the Town and Country Planning Act, 1990. (as amended). An expiry date of 13 years within which to submit matters reserved for subsequent approval within this outline consent is considered to be justified because there are likely to be numerous phases of development for both residential and commercial
development that will take a significant period of time to deliver.
2. Prior to the development of each phase details of the following reserved matters (in respect to each phase) shall be submitted to and approved in writing by the LPA :
i) external appearance of the development, ii) the landscaping of the site,
iii) the layout of the proposed development, iv) the scale of the proposed development.
Reason: To accord with the requirements of Article 4 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended).
3. Submitted with the first and then each subsequent reserved matters application associated with the grant of this outline permission shall be an updated indicative phasing plan. The updated indicative phasing plan shall set out at the time of submission of that reserved matters application the anticipated latest overall phasing plan for the individual phases of
development that comprise the entire site the subject of the outline permission. The updated indicative phasing plan shall include:
i). An indication of individual parcels of land which will form the different phases of development stating the range of uses proposed within that phase and the approximate density of each development where known;
ii). An indication of the order of development of individual phases of development stating the anticipated delivery period for all residential and non-residential phases of development planned and the subject of this permission;
iii). An indication of how highway and pedestrian access routes (including the establishment of the proposed Greenway would integrate with and between each future phase;
iv). Details of phasing of any principal highway infrastructure proposals including junction improvements, upgrading of any existing highways within the site and any required traffic management measures.
Reason: In order that when each reserved matters application is considered full account can be taken of the likely consequences of future phased
development and so that there can be a proper planned approach to the delivery of all infrastructure across the entire New Bolton Woods Masterplan area comprising this outline application site to accord with Policy UR3 of the RUDP.
4. The development to which this notice relates must be begun not later than the expiration of 2 years from the date of the approval of the matters
reserved by this permission for subsequent approval by the Local Planning Authority, or in the case of approval of such matters on different dates, the date of the final approval of the last of such matters to be approved.
Reason: To accord with the requirements of Section 92 of the Town and Country Planning Act, 1990 (as amended).
5. Any application for the reserved matter of siting shall include plans showing the following:
i) cross sections of the site,
ii) details of the existing and proposed ground levels, iii) proposed finished floor levels of buildings,
iv) levels of any paths, drives, garages and parking areas, v) height of any retaining walls,
and the development shall be carried out in accordance with the details so approved.
Reason: To ensure that works are carried out at suitable levels in relation to adjoining properties and highways and in the interests of visual amenity and to accord with Policy UR3 of the Replacement Unitary Development Plan.
6. No occupation of any phase of development shall take place until a verification report demonstrating completion of works set out in the
approved remediation strategy and the effectiveness of the remediation for that phase of development has been submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer- term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.
Reason: National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121). The Humber river basin management plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies. Without this condition, the impact of contamination in made ground could prevent the recovery in quality of the Bradford Beck. Verification will only be needed if the contamination
assessment shows that remediation is needed to improve the quality and status of the Bradford Beck.
7. If, during the development of any phase, 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) in that phase shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination in that phase shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be
implemented as approved.
Reason: National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121). The Humber river basin management plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies. Without this condition, the impact of contamination from Made Ground could cause deterioration of a quality element to a lower status class and/or prevent the recovery of the Bradford Beck because it may cause serious pollution from contaminants that are present yet have not been encountered during site investigations or assessed.
8. Before occupation of the 50th dwelling the highways works shown on plans 33321 PLAN 1; 333214 PLAN 2 and 333214 PLAN 3 shall be fully completed and agreed in writing by the LPA.
Reason: In the interests of highway given the works are required to
accommodate the additional traffic generated by this development and to accord with Policies TM2 and TM19A of the Replacement Unitary Development Plan.
9. Before any phase of the development is brought into use the proposed highway serving that part of the development shall be laid out, hard
surfaced, sealed and drained within the site to base course level and to a constructional specification approved in writing by the Local Planning
Authority. As and when a phase or the whole development is completed the final road surfacing and drainage relating to that phase or the whole
development, whichever shall apply, shall be laid out and the street lighting installed.
Reason: To ensure that adequate and safe access is provided in the interests of highway safety and to accord with Policy TM19A of the Replacement Unitary Development Plan.
10. The approved development shall be carried out in accordance with the parameter plans, principles and guidance set out in the following sections of the Design & Access Statement dated November 2014:
The Vision p56-57
Land Use & Densities p70-71
Access & Streets p72-73 and p88-107 Parking p74-77
Landscape & Open Space p78-79 and p108-123 Townscape & Siting p80-81
Sustainability p82-83
Neighbourhoods p84-85 and p124-151 Development Parcels p86-87
Reason: To ensure the development is carried out in a positive manner in accordance with Policy D1 of the RUDP.
11. Prior to the demolition of any buildings on site summer activity bat surveys shall be undertaken, if the proposed demolition does not take place within two years from the date of existing surveys (Summer 2014).
Reason: To ensure that any wildlife habitats are protected in accordance with RUDP Policy NE10.
12. Any clearance works to trees within the application site shall be carried out outside the bird nesting season (unless surveyed by an accredited ecologist and agreed by the LPA).
Reason: To ensure that any wildlife habitats are protected in accordance with RUDP Policy NE10.
13. Prior to the commencement of any relevant phase of development a Method Statement for the removal of INNS (invasive non-native species) in that phase of development shall be submitted to and approved in writing by the LPA. The development to be carried out in accordance with the
approved details.
Reason: To ensure the removal of INNS in the interests of amenity in accordance with Policy UR3 of the RUDP.
14. Prior to the commencement of any phase of development protection measures controlling vehicle movements and storage of materials specified in a Construction Environment Management Plan (CEMP), for trees, semi- improved acid grassland/acid dry shrub heath areas for that phase of development shall be submitted to and approved in writing by the LPA.
Reason: In the interests of protecting natural features to accord with Policy NE10 of the RUDP.
15. Prior to the commencement of development details for the protection of any watercourse within the application site from pollution shall be submitted to and approved in writing by the LPA.
Reason: In the interests of pollution prevention in accordance with Policy NR17A of the RUDP.
16. Prior to the commencement of each phase of residential development a written scheme giving details of the facilities to permit the recharge of
electric battery-powered vehicles, which complies with IEE regulations and BSEN 62196-1, for that phase of development shall be submitted to the Local Planning Authority for written approval. Once approved the scheme shall be incorporated into the development in that phase and implemented no later than the first use of the development, and shall be retained
thereafter.
Reason: To facilitate the uptake of low emission vehicles by future occupants and reduce the emission impact of traffic arising from the
development in line with the council's Low Emission Strategy and National Planning Policy Framework (Paragraph 35).
17. The 3,000 sq.m (GIA) of retail floorspace approved as part of this planning application shall be permitted to operate within Use Classes A1, A2, A3, A4 or A5 upon first occupation.
Reason: To provide flexibility within the development.
18. The retail floorspace hereby permitted shall not exceed 1,470 sq.m. net sales area in Use Class A1 and notwithstanding the provisions of the
General Permitted Development Order 1995 (as amended or re-enacted) no mezzanine floorspace shall be introduced and units shall not be subdivided unless planning permission for such works has been granted on application to the LPA.
Reason: To ensure the vitality and viability of the district and local centres in accordance with Policy CR1A of the RUDP.
19. No more than 1,500 sq.m. of the 'flexible use' retail units hereby permitted shall be open to the general public until at least 200 of the residential units hereby permitted have been completed and occupied or 400 residential units have been completed and are available for use, whichever occurs sooner.
Reason: To ensure the vitality and viability of the district and local centres in accordance with Policy CR1A of the RUDP.
20. Before any part of the development is brought into use, the proposed means of vehicular and pedestrian access hereby approved shall be laid out, hard surfaced, sealed and drained within the site and completed to a constructional specification approved in writing by the Local Planning Authority.
Reason: To ensure that a suitable form of access is made available to serve the development in the interests of highway safety and to accord with Policy TM19A of the Replacement Unitary Development Plan.
21. Unless otherwise approved in writing by the Local Planning Authority, no construction of buildings or other structures in each phase of
development shall take place until measures to divert or otherwise formally close the sewers and water mains that are laid within that phase of
development have been implemented in accordance with details that have been submitted to and approved by the Local Planning Authority.
Reason: In the interest of satisfactory and sustainable drainage and to maintain the public water supply to accord with Policy UR3.
22. No phase of development shall take place until details of the proposed means of disposal of foul water drainage for that phase, including details of any balancing works and off-site works, have been submitted to and
approved by the Local Planning Authority.
Reason: To ensure that the development can be properly drained to accord with Policy UR3.
23. No piped discharge of surface water from each phase of development shall take place until works to provide a satisfactory outfall for surface water in that phase have been completed in accordance with details to be
submitted to and approved by the Local Planning Authority before development commences.
Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading, to accord with Policy UR3.
24. Notwithstanding any details shown on the permitted plans, no phase of the development shall begin until arrangements have been made with the Local Planning Authority for the inspection of all facing and roofing materials to be used in that phase of development. The samples shall then be
approved in writing by the Local Planning Authority and the development of that phase constructed in accordance with the approved details.
Reason: To ensure the use of appropriate materials in the interests of visual amenity and to accord with Policies UR3 and D1 of the Replacement Unitary Development Plan.
25. No phase of the development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with
contamination in that phase of development has been submitted to and approved, in writing, by the local planning authority:
1) A preliminary risk assessment which has identified:
a: all previous uses
b: potential contaminants associated with those uses
c: a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.
2) A site investigation scheme, based on - (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off- site.
3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. iv) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for
contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be
implemented as approved.
Reason: National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from
contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121).
26. Before any dwelling house on any individual phase of development on land designated as Flood Zone 3b (as set out on the City of Bradford
Metropolitan District Council Level 2 Strategic Flood Risk Assessment dated September 2015) is first occupied all flood prevention/mitigation measures approved in accordance with Condition 25 set out in this permission shall be fully implemented in strict accordance with the approved details.
Reason: To reduce the risk of flooding to the proposed development and future users in accordance with Policy NR15B of the RUDP.
27. Before any development begins on any land designated as Flood Zone 3b as set out on the City of Bradford Metropolitan District Council Level 2 Strategic Flood Risk Assessment dated September 2015, and described as Subject Site A within the Civic Engineers Flood Risk Assessment and Surface Water Management Strategy Revision P01 dated 18th September 2014, full details shall be submitted to and approved in writing by the Local Planning Authority for all of the following to demonstrate that the level of flood risk is appropriate for development proposed, and that the
development will be safe for its lifetime with no increase in flood risk to surrounding area:
i) full details of the layout of development, any re-profiling of the
embankments of Bradford Beck and any other alterations to the existing areas of land shown to be at risk of flooding together with any other changes of levels proposed throughout the site;
ii) a detailed hydraulic flood modelling assessment to establish the level of flood risk to the site and the surrounding area that would result from any re- profiling of Bradford Beck and any of its tributaries. It will be necessary to demonstrate that the risk of flooding to the site will be reduced to at least the equivalent of Flood Zone 3a without an increase in flood risk to the
surrounding area and without creating an adverse impact to the operations of Bradford Beck. It should be demonstrated that any re-profiling works will provide an enhanced flood plain with an increased capacity as well as ecological and amenity value as described on page 9 of the Civic Engineers FRA and SWMS
iii) details of flood prevention/mitigation measures that will be put in place to ensure that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk to the surrounding area iv) any proposed re-profiling works should be accompanied with a Water Framework Directive assessment to determine if specific components or activities related to planned works to Bradford Beck will compromise the attainment of a Water Framework Directive objective or result in the
deterioration in the ecological status of any associated water bodies to the catchment.
Reason: To prevent flooding elsewhere by ensuring that satisfactory compensatory storage of flood water is provided and to reduce the risk of flooding to the proposed development and future users. 3. The Humber river basin management plan requires the restoration and enhancement or water bodies to prevent deterioration and promote recovery of water bodies.
Without an assessment of the proposed re-profiling works, there is potential for the work to cause deterioration and/or prevent the recovery of Bradford Beck and associated water bodies, to accord with Policy NR15B of the RUDP.
28. Each phase of the development hereby permitted shall not be commenced until such time as a scheme to cover surface water
management for that phase of development has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Policy NR16 of the RUDP.
29. Each phase of the development hereby permitted shall not be commenced until such time as a scheme to identify flood risk mitigation measures for that phase of development has been submitted to, and
approved in writing by, the local planning authority. The scheme's mitigation measures should follow those set out in the Hybrid Flood Risk Assessment for the site in that:
a) The ground floor level of habitable development will be set at a minimum level of the 1 in 100yr flood level allowance for climate change an agreed freeboard.
b) Safe egress will be provided from all dwellings to "safe haven" on land within Flood Zone 1.
The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
Reason
1. To reduce the risk of flooding to the proposed development and future users.
2. To ensure the safety of occupants if flooding occurs, to accord with Policy NR15B of the RUDP.
30. Each phase of the development hereby permitted shall not be
commenced until such time as a scheme to treat and remove suspended solids from surface water run-off during construction works for that phase has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.
Reason: During construction, it is essential that there is no pollution of surface water; this includes silt laden water from construction to accord with Policy NR16. For guidance the applicant should read Pollution Prevention Guide 6: Working at construction and demotion sites.
31. Prior to the occupation of each phase of development details of a Travel Plan for that phase shall be submitted to and approved in writing by the LPA. The development to be carried out in accordance with the approved details and retained thereafter.
Reason: In the interest of the promotion of all modes of transport in accordance with Policy TM1 of the RUDP.
32. The finished floor levels of those dwellings in Flood Zone 3 shall be no lower than 600mm above the 1:100 year + climate change level.
Reason: In the interests of flood prevention.
33. Prior to the occupation of each phase of development lighting plan details for each phase of development shall be submitted and approved in writing by the LPA. The development to be carried out in accordance with the approved details and retained as such thereafter.
Reason: To ensure that wildlife habitats are not adversely affected in accordance with Policy NE10 of the RUDP.
