On 30 Jun 2009 at 6:49pm lewes man wrote:
The application is subject to the following conditions:
1. All works shall be undertaken in accordance with the recommendations of the submitted Flood Risk Assessment dated 8th November 2006 (Revision F Feb 2009) including means of escape, flood risk management, flood warning, off site impacts, SUDS drainage, drainage ditch maintenance, etc, the details of which shall be prepared in consultation with the emergency services and which shall be submitted to and approved in writing by the LPA in consultation with the Environment Agency before any development commences on site and shall be carried out in accordance with such approval before the buildings are occupied, and maintained and retained on site in perpetuity.
Reason: To manage and mitigate the risks of flooding, having regard to Policy ST3 of the Lewes District Local Plan.
2. No development approved by this permission shall begin until a scheme for the provision of surface water drainage works have been submitted to and
COMREP (March 07) PAC 24/06/09
approved in writing by the Local Planning Authority. Such a scheme shall be implemented before the construction of any surfaces draining to this system and shall include details of underground storage tanks to attenuate flows to the main drainage system where required unless otherwise agreed in writing by the Local Planning Authority.
Reason: To prevent an increased risk of flooding and prevent pollution of controlled waters by ensuring the provision of a satisfactory means of surface water disposal having regard to Policy ST3 of the Lewes District Local Plan.
3. Prior to the commencement of 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), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
a). A preliminary risk assessment which has identified:
all previous uses
potential contaminants associated with those uses
a conceptual model of the site indicating sources, pathways and receptors
potentially unacceptable risks arising from contamination at the site.
b). A site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
c). The site investigation results and the detailed risk assessment (b) 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.
d). A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) 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 consent of the local planning authority. The scheme shall be implemented as approved.
Reason: To ensure that the development complies with approved details in the interests of protection of Controlled Waters having regard to Policy ST3 of the Lewes District Local Plan.
4. Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be 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
COMREP (March 07) PAC 24/06/09
identified in the verification plan, and for the reporting of this to the local planning authority.
Reason: To ensure that the development complies with approved details in the interests of protection of Controlled Waters having regard to Policy ST3 of the Lewes District Local Plan.
5. 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: To prevent pollution of Controlled Waters having regard to Policy ST3 of the Lewes District Local Plan.
6. The new estate road shall be designed and constructed to a standard approved by the Local Planning Authority in accordance and consultation with the Highway Authority and their adopted standards with a view to its subsequent adoption as publicly maintained highway.
Reason: In the interests of highway safety and for the benefit and convenience of the public at large having regard to Policy ST3 of the Lewes District Local Plan.
7. Prior to the commencement of development on site detailed drawings, including levels, sections and constructional details of the proposed road(s), surface water drainage for all road and hard surfaced areas, outfall disposal and street lighting to be provided, shall be submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of and for the safety of persons and vehicles using premises and/or adjoining road having regard to Policy ST3 of the Lewes District Local Plan.
8. During the construction period and any form of earthworks and/or excavations that are carried out as part of this development suitable wheel washing equipment shall be installed and used on all vehicles leaving the site.
Reason: To prevent contamination and damage to the adjacent road having regard to Policy ST3 of the Lewes District Local Plan.
9. The development hereby permitted shall not commence until details of a construction programme has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.
Reason: In the interests of highway safety and for the benefit and convenience of the public at large having regard to Policy ST3 of the Lewes District Local Plan.
10. The development hereby approved shall not be occupied until the car and cycle parking and turning/servicing space for vehicles indicated on the approved
COMREP (March 07) PAC 24/06/09
plans has been laid out and that space shall thereafter be kept available for that purpose only.
Reason: To ensure adequate turning and off-street parking provision having regard to Policy ST3 of the Lewes District Local Plan.
11. Before development commences on the site the developer should advise the Local Planning Authority in writing and in consultation with Southern Water, of the measures which will be undertaken to protect the public sewers on and around the site.
Reason: In the interests of ensuring satisfactory drainage from the site having regard to Policy ST3 of the Lewes District Local Plan.
12. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected, together with details and responsibilities for its long term maintenance. The boundary treatment shall be completed before the development hereby permitted is occupied or in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: To enhance the general appearance of the development and to protect residential amenity having regard to Policy ST3 of the Lewes District Local Plan.
13. Before the development hereby approved is commenced on site, details of the sedum roofs and samples of all external facing materials and windows shall be submitted to and approved in writing by the Local Planning Authority and carried out in accordance with that consent.
Reason: To ensure a satisfactory development in keeping with the locality having regard to Policy ST3 of the Lewes District Local Plan.
14. Before the development hereby approved is commenced on site, details/samples of all surfacing materials, which should utilise permeable materials, shall be submitted to and approved in writing by the Local Planning Authority and carried out in accordance with that consent.
Reason: To ensure a satisfactory development in keeping with the locality having regard to Policy ST3 of the Lewes District Local Plan.
15. The development hereby permitted shall not commence until the applicant has submitted the details to secure the long term management and future maintenance of the landscaped buffer, (including details of maintenance, maintenance frequency, responsibility, funding, means of securing etc) have been submitted to and approved in writing by the Local Planning Authority, and that maintenance shall be carried out in accordance with such approved details thereafter.
COMREP (March 07) PAC 24/06/09
Reason: In the interests of residential amenity and wider environmental enhancement having regard to Policy ST3 of the Lewes District Local Plan.
16. The development hereby permitted shall not commence until the applicant has submitted the details to secure the implementation of the Travel Plan (which was submitted and approved as part of this application) and its future monitoring to the Local Planning Authority in consultation with the Highway Authority.
Reason: In order to secure a more sustainable development having regard to Policy ST3 of the Lewes District Local Plan.
17. Construction work shall be restricted to the hours of 0800 to 1800 Monday to Fridays and 0830 to 1300 on Saturdays and works shall not be carried out at any time on Sundays or Bank/Statutory Holidays.
Reason: In the interest of residential amenities of the neighbours having regard to Policy ST3 of the Lewes District Local Plan.
18. No development shall commence until full details of site landscaping have been submitted to and approved in writing by the Local Planning Authority. These landscaping details should address retention and enhancement of the ecological connectivity of the site, and include appropriate ecological enhancements, ideally in combination with the use of sustainable drainage designs such as wet grass swales, ponds and wetland areas, designed with wildlife in mind. Thereafter the scheme shall be completed in accordance with the approved plans. All work to the site should be carried out in accordance with the findings and conclusions of the Ecological Assessment Report dated December 2007 Revision 01 and the Ecological Design Strategy dated December 2007 Revision 03, and in accordance with the details and timetable for the reptile/amphibian/bat strategy, identification of receptor site, site clearance, reptile fencing and translocation etc.
Reason: To encourage ecological enhancements at the site in accordance with PPS9 of the National Policy Guidance.
19. In the event of the death or destruction of any tree, shrub, hedge to which Condition 18 relates on the site within two years of occupation due to felling, cutting down, uprooting, ill health or any other manner, then there shall be replanted in its place another tree, shrub or hedge within 6 months and of a size and species approved in writing by the Local Planning Authority, and carried out in accordance with that approval.
Reason: To enhance the general appearance and nature conservation of the wider site and the development having regard to ST3 of the Lewes District Local Plan.
20. Notwithstanding the provisions of the Town and Country (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no development described in Part 8 Classes A to C of Schedule 2, other than hereby permitted, shall be undertaken unless the Local Planning Authority otherwise agrees in writing.
COMREP (March 07) PAC 24/06/09
Reason: A more intensive development of the site would be likely to adversely affect the appearance, amenity, ecology and drainage having regard to Policy ST3 of the Lewes District Local Plan.
21. No development shall take place until a Construction Environment Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved plan shall set out the arrangements for managing all environmental effects of the development during the construction period, including traffic (including a workers travel plan), temporary site security fencing, artificial illumination, noise, vibration, dust, air pollution and odour, including those effects from the decontamination of the land, site illumination and shall be implemented in full throughout the duration of the construction works, unless a variation is agreed in writing by the Waste Planning Authority.
Reason: In the interest of residential amenities and in accordance with Policy ST3 of the Lewes District Local Plan.
22. 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 the developer has submitted, and obtained written approval from the Local Planning Authority, for an addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.
Reason: In the interest of health & safety of the future occupiers of the site having regard to Policy ST3 of the Lewes District Local Plan.
23. The public car park hereby approved as part of this application shall not be used for any purpose other than as a public car park for the long term parking of cars, without the prior written approval of the Local Planning Authority.
Reason - In order to protect residential amenity and to safeguard public car parking spaces, having regard to Policy ST3 of the Lewes District Local Plan.
24. Prior to being discharged into any watercourses, surface water, sewer or soakaway system all surface water drainage from parking areas, hardstandings, roads and pavements shall be passed through trapped gullies to BS 5911:1982 with an overall capacity compatible with the site being drained.
Reason To prevent pollution of the water environment having regard to Policy ST3 of the Lewes District Local Plan.
25. Before any plant is externally located at any Unit that forms part of the planning application details shall be enclosed detailing the sound output of the plant, the provision of acoustic enclosure or similar so to minimise the emission of noise. The scheme shall demonstrate that by calculation noise from the plant is 5dB(A) below the relevant background noise level as determined by BS 4142 at the nearest residential site boundary.
COMREP (March 07) PAC 24/06/09
Reason - In order to protect the amenity of local residents having regard to Policy ST3 of the Lewes District Local Plan.
26. Before any unit is occupied it shall be insulated or constructed in accordance with a scheme agreed with the Local Planning Authority. The scheme shall demonstrate that by calculation noise from the unit is 5dB(A) below the relevant background noise level as determined by BS 4142 at the nearest residential site boundary.
Reason - In the interests of protecting residential amenity having regard to Policy ST3 of the Lewes District Local Plan.
INFORMATIVE(S)
1. This Authority's requirements associated with this development proposal will need to be secured through a Section 38 Legal Agreement between the applicant and East Sussex County Council for the road adoption and a S.106 Agreement to secure the Travel Plan. The promotion, methodology and monitoring are all issues which can be secured within the legal agreement, together with a financial contribution of £5000 to fund monitoring by ESCC. The requirements of condition 15 (management of the landscaped buffer) should also be secured through a section 106 agreement.
2. The applicant should be made aware that the creation/alteration of this access will require compliance with the Traffic Management Act 2004 and that the contractor will have to book road space with the County Council's Network Coordination Team (0845 6080193). Under s.59 of the Highway Act 1980 a pre-commencement highway survey will be required to ensure the reinstatement of any highway damage during the construction period.
3. A formal application for connection to the public sewerage system is require in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point please contact Atkins Ltd, Anglo St James House, 39a Southgate Street, Winchester SO23 9EH (tel 01962 858688).
4. In order to make future occupiers aware that the site previously experienced severe flooding, before the buildings hereby approved are occupied a marker shall be placed at all entrances to the buildings clearly marking and labelling the level of the October 2000 flood level at that point.
This decision is based on the following submitted plans