Agenda item

The Development Management Manager delivered the report and gave a brief history of the application up to and including the last meeting on 17 May 2022.

 

The Chair thanked the Development Management Manager and invited Alice George, a local resident, to speak against the development.

 

Alice George set out a list of objections, highlighting her main points.  Firstly, she said that she believed that the developer’s plan did not fit with the local plan requirement of providing 35% as affordable housing.  Secondly it ignored the government plans to create socially mixed communities.  Thirdly despite the developer’s claims it was not profit driven, she considered that proof of this lay in the refusal to offer more affordable housing.  Fourthly she stated that experts warned of the mental health dangers of living alone and a large proportion of the units were single occupancy. Fifthly, there was a GP shortage nationally and in particular in Watford.  Finally, she commented that the additional units were not fit for purpose in relation to the local housing targets.  She said that in her view Watford councillors were there to represent the Watford people, not the Berkeley group or central government.  She went on to give examples of other councils rejecting similar developments, as well as statistics in relation to profit margins and mental health.  She questioned the validity of the council if it was not representing the population.

 

The Chair thanked Alice George for her comments and then emphasised that the discussion had to relate to the variation and not to the original planning application.  The Chair then invited Tom Anthony of Berkeley Group to talk on behalf of the applicant. 

 

Tom Anthony thanked the Chair, he stated that he understood the concerns and believed these had already been addressed and wanted to avoid repeating previous comments.  He responded to points from the last meeting, which had been covered in the additional document circulated to the committee.  He advised that there would not be an increase in profits and referred to the increased building costs in the current economic crisis.  He went on to state that the projects the company delivered needed to match the current market requirements.

 

The chair thanked Tom Anthony for his remarks and invited County Councillor Asif Khan to speak.

 

County Councillor Khan repeated his initial objections he had set out at the last meeting and when it was first proposed in 2019.  He stated that since the last meeting there had been no change in Berkeley Group’s plans.  He considered them to be ‘bullying’.  The proposal was not of a high standard.  It was unpopular with local residents and the majority of councillors.  He urged the committee to use planning law and policies to reject the proposal.

 

The Chair thanked County Councillor Khan for speaking and stated that at the last meeting the committee had not been able to find a planning reason for rejection.  He then invited comments from the committee.

 

The majority of the councillors spoke in relation to the housing mix aspect of the development.  They stated their general appreciation for Tom Anthony’s explanation and sympathised with the resident’s concerns.  Some indicated that they had opposed the original scheme, and several had concerns and questions mostly in relation to the housing mix and people living alone.

 

The committee referenced the element of affordable housing in the scheme.  The amount of the commuted sum was viewed too low by a number of the committee and some members questioned whether an increase could be requested.  They acknowledged the issue of viability was a complex matter.

 

The Development Management Manager responded to the matter of the commuted sum and explained that the amount was based on a set equation within the Council’s adopted supplementary planning document for the calculation of commuted sums for affordable housing. He also addressed other comments.

 

The balconies, which provided additional amenity space, were generally well received, as were the additional two bedroom apartments and community space.

 

Overall the consensus was that the positives outweighed the negatives and they could not find a planning reason to reject the proposal.

 

The Chair moved the officer’s recommendation and advised he would ask for a recorded vote.

 

Those members voting in favour of the motion:

 

Councillors Jeffree, Martins, Pattinson, A Saffery, G Saffery, and Stiff

 

There were no votes against the motion.

 

Those members abstaining from the vote:

 

Councillors Bell, Smith and Trebar

 

On being put to the committee the motion was APPROVED.

 

         RESOLVED –

 

That planning permission be granted, subject to a deed of variation or a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure a commuted sum of £543,783 towards the provision of affordable housing in the borough, and subject to the following conditions:

    

1.       The development to which this permission relates shall be begun by 25 November 2023.

 

2.       The development (with the exception of the primary school) hereby permitted shall be carried out in accordance with the following approved drawings:

 

          X0001, X0101

X0551, X0552, X0553

P0131, P0132A, P0133A

P0551, P0552, P0553A, P0554A, P0555, P0556, P0557, P0558

P0206

P0215, P0216, P0217

P0261, P0262, P0263, P0264, P0265

P0271, P0272, P0273, P0274

P0281, P0282A, P0283A, P0284A

P0291, P0292A, P0293A, P0294A

P0661, P0662, P0671, P0672, P0681A, P0682A, P0691A, P0692A

P0501, P0502, P0511

P1001, P1002, P1003, P1004, P1005, P1006, P1007, P1008, P1009, P1010, P1011, P1012, P1013, P1014, P1015, P1016, P1017, P1018, P1019

P1031, P1032A, P1033A, P1034, P1035

 

E746-AQP-SW-00-PLN-A-001-1000B

E746-AQP-SW-01-PLN-A-001-1001A

E746-AQP-SW-02-PLN-A-001-1002A

E746-AQP-SW-03-PLN-A-001-1003A

E746-AQP-SW-06-PLN-A-001-1006A

E746-AQP-SW-10-PLN-A-001-1010

E746-AQP-SW-16-PLN-A-001-1016A

E746-AQP-SW-22-PLN-A-001-1022A

E746-AQP-SW-28-PLN-A-001-1028A

E746-AQP-S1-00-PLN-A-001-1000A

E746-AQP-S1-01-PLN-A-001-1001

E746-AQP-S1-02-PLN-A-001-1002

E746-AQP-S1-04-PLN-A-001-1004

E746-AQP-S1-06-PLN-A-001-1006

E746-AQP-S1-13-PLN-A-001-1013

E746-AQP-S2-00-PLN-A-001-1000A

E746-AQP-S2-01-PLN-A-001-1001

E746-AQP-S2-04-PLN-A-001-1004

E746-AQP-S2-06-PLN-A-001-1006

E746-AQP-S2-16-PLN-A-001-1016

E746-AQP-S2-17-PLN-A-001-1017

E746-AQP-S3-00-PLN-A-001-1000

E746-AQP-S3-01-PLN-A-001-1001

E746-AQP-S3-02-PLN-A-001-1002

E746-AQP-S3-03-PLN-A-001-1003

E746-AQP-S3-04-PLN-A-001-1004

E746-AQP-S3-09-PLN-A-001-1009

E746-AQP-S3-19-PLN-A-001-1019

E746-AQP-S3-20-PLN-A-001-1020

E746-AQP-S4-00-PLN-A-001-1000

E746-AQP-S4-01-PLN-A-001-1001

E746-AQP-S4-02-PLN-A-001-1002

E746-AQP-S4-03-PLN-A-001-1003

E746-AQP-S4-04-PLN-A-001-1004

E746-AQP-S4-09-PLN-A-001-1009

E746-AQP-S4-10-PLN-A-001-1010

E746-AQP-S4-26-PLN-A-001-1026

E746-AQP-S4-28-PLN-A-001-1028

 

E746-AQP-S5-00-PLN-A-001-1000

E746-AQP-S5-01-PLN-A-001-1001

E746-AQP-S5-02-PLN-A-001-1002

E746-AQP-S5-03-PLN-A-001-1003

E746-AQP-S5-08-PLN-A-001-1008

E746-AQP-S5-09-PLN-A-001-1009

E746-AQP-S5-20-PLN-A-001-1020

E746-AQP-S5-22-PLN-A-001-1022

E746-AQP-S6-00-PLN-A-001-1000

E746-AQP-S6-01-PLN-A-001-1001

E746-AQP-S6-02-PLN-A-001-1002

E746-AQP-S6-03-PLN-A-001-1003

E746-AQP-S6-09-PLN-A-001-1009

E746-AQP-S6-14-PLN-A-001-1014

E746-AQP-S1-ZZ-PLN-A-002-2001A

E746-AQP-S1-ZZ-PLN-A-002-2002

E746-AQP-S2-ZZ-PLN-A-002-2001A

E746-AQP-S2-ZZ-PLN-A-002-2002

E746-AQP-S3-ZZ-PLN-A-002-2001

E746-AQP-S3-ZZ-PLN-A-002-2002

E746-AQP-S4-ZZ-PLN-A-002-2001

E746-AQP-S4-ZZ-PLN-A-002-2002

E746-AQP-S5-ZZ-PLN-A-002-2001

E746-AQP-S5-ZZ-PLN-A-002-2002

E746-AQP-S6-ZZ-PLN-A-002-2001

E746-AQP-S6-ZZ-PLN-A-002-2002

 

3.       Approval of the details of the siting, design and external appearance of the primary school and the landscaping of the primary school site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced on the primary school. The details of the reserved matters shall accord with the following parameter plans submitted with the application:

         

Drawing nos. P0132A, P0133A

 

4.       Application for approval of the reserved matters shall be made to the Local Planning Authority by 25 November 2024.

 

5.       The development of the primary school hereby permitted shall be begun either before 25 November 2027, or before the expiration of three years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

6.       No removal of trees, scrub or hedges shall be carried out on the site between 1^st March and 31^st August in any year unless a suitably qualified ecologist has previously searched the trees, scrub or hedges and certified in writing to the Local Planning Authority that such works of removal may proceed.

 

7.       All demolition works (including ground excavations) shall be carried out only in accordance with the approved measures to prevent and control the spread of Cotoneaster species, as set out in the Method Statement and Risk Assessments for Cotoneaster Plant Removal by Wooldridge Ecotec Limited dated October 2020, approved under planning ref. 21/00054/DISCON, unless otherwise agreed in writing by the Local Planning Authority.

 

8.       All demolition works (including ground excavations) shall be carried out only in accordance with the Demolition Environmental Management Plan by Berkeley Homes dated January 2021, approved under planning ref. 21/00054/DISCON, unless otherwise agreed in writing by the Local Planning Authority.

 

9.       All demolition works (including ground excavations) shall be carried out only in accordance with the Site Waste Management Plan for Demolition by Berkeley Homes dated January 2021, approved under planning ref. 21/00054/DISCON, unless otherwise agreed in writing by the Local Planning Authority.

 

10.     The development shall only be constructed in accordance with the site levels shown on the following drawings, approved under planning ref. 21/01064/DISCON, unless otherwise agreed in writing by the Local Planning Authority:

 

          FAB-SW-XX-L-920-1029 - Ground Floor - Key levels Plan Sheet 1 of 2

FAB-SW-XX-L-920-1030 - Ground Floor - Key levels Plan Sheet 2 of 2

FAB-XX-XX-SL-L-920-1050-P01 - Planning Site Sections Location Plan

FAB-XX-XX-SL-L-920-1051-P01 - Planning Site Sections Sheet 1

FAB-XX-XX-SL-L-920-1052-P01 - Planning Site Sections Sheet 2

FAB-XX-XX-SL-L-920-1053-P01 - Planning Site Sections Sheet 3

FAB-XX-XX-SL-L-920-1054-P01 - Planning Site Sections Sheet 4

 

11.     The development shall be implemented in accordance with the Development Phasing Plan Rev A (Eight Gardens, Watford), approved under planning ref. 21/00679/DISCON, unless otherwise agreed in writing by the Local Planning Authority.

 

12.     Construction works shall only be carried out in accordance with the Construction Environmental Management Plan (dated June 2021, Rev 2), approved under planning ref. 21/00679/DISCON, unless otherwise agreed in writing by the Local Planning Authority.

 

13.     Construction works shall only be carried out in accordance with the Site Waste Management Plan (SWMP) Construction (Project: The Eight Gardens, dated April 2021), approved under planning ref. 21/00679/DISCON, unless otherwise agreed in writing by the Local Planning Authority.

 

14.    Phase 1 of the development shall be carried out in accordance with the following reports, approved under planning ref. 21/01649/DISCON, unless otherwiseagreed in writing by the Local Planning Authority:

 

          Remediation Strategy and Verification Plan Eight Gardens - Phase 1 (Report ref. 125840/R8)

Supplementary Ground Investigation Report Eight Gardens - Phase 1 (Report ref. 125840/R7)

Detailed Gas Risk Assessment prepared by The Environmental Protection Group Limited (Report ref. EPG/200062/DQRA-Watford)

 

Following demolition of the existing buildings and prior to the commencement of any construction works in each subsequent phase of development, 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:

 

i)      A supplementary site investigation, undertaken in those areas that were previously inaccessible based on the Preliminary Environmental Risk Assessment prepared by Waterman IE Limited (Report ref. WIE14052-101-R-4-2-1-PERA) and the Geo-environmental and Geotechnical Ground Investigation Report prepared by Fairhurst (Report ref. 125840), to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. This should include an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, pests, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments.

 

ii)     The site investigation results and the detailed risk assessment (i) 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.

 

iii)     A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (ii) 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.

 

15.    Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of each phase of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented.

 

16.     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 a remediation strategy and verification plan to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved. No occupation of any part of the permitted 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 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.

 

17.     The proposed residential development permitted by this planning permission shall be carried out in accordance with the approved drainage strategy as indicated on the Drainage Strategy layout produced by Fairhurst, drawing number 125840-C-4002, revision P7, dated 1 October 2019 and the mitigation measures detailed within the Flood Risk Assessment (May 2019) unless otherwise agreed in writing by the Local Planning Authority.

 

The mitigation measures shall be fully implemented prior to occupation of the relevant phase and subsequently 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.

 

18.     The proposed school development permitted by this planning permission shall be carried out in accordance with the approved principles of the drainage strategy indicated on the Drainage Strategy layout produced by Fairhurst, drawing number 125840-C-4002, revision P7, dated 1 October 2019 and the mitigation measures detailed within the Flood Risk Assessment (May 2019) unless otherwise agreed in writing by the Local Planning Authority.

 

The mitigation measures shall be fully implemented prior to occupation of the primary school, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

19.     The surface water drainage scheme for Phase 1 of the development shall be carried out in accordance with the following documents and drawings, as approved under planning ref. 21/00853/DISCON, unless otherwise agreed in writing by the Local Planning Authority:

 

                   Phase 1- MicroDrainage Surface Water Calculations

Penn Road /538 - MicroDrainage Surface Water Calculations

Blue Roof Calculations

Blue Roof Typical Inverted Roof Installation

Letter dated 14th September 2021 from PTA (ref. 9575)

E746-PTA-SW-XX-DR-CE-910-8100_Proposed Site Wide Drainage Layout_ Rev P05

E746-PTA-SW-XX-DR-CE-910-8101_Proposed Surface Water Drainage Sheet 1 of 2_Rev P05

E746-PTA-SW-XX-DR-CE-910-8102_Proposed Surface Water Drainage Sheet 2 of 2_Rev P05

E746-PTA-SW-XX-DR-CE-910-8111_Proposed Foul Water Drainage Sheet 1 of 2_ Rev P05

E746-PTA-SW-XX-DR-CE-910-8112_Proposed Foul Water Drainage Sheet 2 of 2_ Rev P05

E746-PTA-SW-XX-DR-CE-910-8120_Proposed Blue Roofs Layout_ Rev P02

E746-PTA-SW-XX-DR-CE-910-8190_Surface Water Exceedance Flow Route_ Rev P01

E746-PTA-SW-XX-DR-CE-920-830LProposed Levels Sheet 1 of 2_ Rev P03

E746-PTA-SW-XX-DR-CE-920-8302_Proposed Levels Sheet 2 of 2_ Rev P03

E746-PTA-SW-XX-SH-CE-910-815LSurface Water Manhole Schedule Sheet 1 of 2_Rev P05

E746-PTA-SW-XX-SH-CE-910-8152_Surface Water Manhole Schedule Sheet 2 of 2_Rev P04

E746-PTA-XX-XX-DR-CE-910-8131_Drainage Construction Details Sheet 1 of 3_ Rev P03

E746-PTA-XX-XX-DR-CE-910-8132_Drainage Construction Details Sheet 2 of 3_ Rev P03

E746-PTA-XX-XX-DR-CE-910-8133_Drainage Construction Details Sheet 3 of 3_ Rev P03

 

No development shall take place in subsequent phases of the development until a detailed surface water drainage scheme for each subsequent phase of the development, based on the approved drainage strategy and sustainable drainage principles, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

                   The scheme shall include the following:

 

1.      Detailed modelling to demonstrate how the system operates during up to and including the 1 in 100 year critical duration storm event including an allowance for climate change. This should include drain down times for all storage features.

2.      Final, detailed drainage plan including the location of all SuDS features, pipe runs, invert levels and discharge points.

3.      Full, detailed engineering drawings of all SuDS features including cross and long sections, their size, volume, depth and any inlet and outlet features. 

 

20.     Upon completion of the drainage works for each phase), a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority.

 

          This shall include:

 

1.      Provision of complete set of as built drawings including the final drainage layout for site drainage network.

2.      Maintenance and operational activities for the lifetime of the development.

3.      Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

21.     No infiltration of surface water drainage into the ground at this site is 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 controlled waters. The development shall be carried out in accordance with the approval details.

 

22.     All piling works for Phase 1 of the development must be undertaken in accordance with the following documents and drawings comprising the piling method statement for the proposed piling works, approved under planning ref. 21/01205/DISCON, unless otherwise agreed in writing by the Local Planning Authority:

 

          The Phase 1 Project Management Plan CFA Piling Report prepared by Rock & Alluvium

The Phase 1 Project Environmental Plan prepared by Rock & Alluvium

Site Wide - Pile Layout - Drawing E746-PTA-SW-PL-DR-SE-130-0098 Rev P07

Piling Schedule Sheet 1 - Drawing E746-PTA-SW-PL-SH-SE-130-0082 Rev P06

Piling Schedule Sheet 2 - Drawing E746-PTA-SW-PL-SH-SE-130-0083 Rev P06

Piling Schedule Sheet 3 - Drawing E746-PTA-SW-PL-SH-SE-130-0084 Rev P06

Piling Schedule Sheet 4 - Drawing E746-PTA-SW-PL-SH-SE-130-0085 Rev P06

Piling Schedule Sheet 5 - Drawing E746-PTA-SW-PL-SH-SE-130-0086 Rev P06

The Phase 1 Piling Programme

 

          No piling (or other foundation designs using penetrative methods) shall take place in subsequent phases of the development until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure and groundwater pollution, and the programme for works) for each subsequent development phase has been submitted to and approved in writing by the Local Planning Authority. All piling must be undertaken in accordance with the terms of the approved piling method statement.

 

23.     Prior to the commencement of any superstructure works within each development phase, details and samples of the materials to be used for all the external finishes of the buildings, including walls, roofs, doors, windows and balconies, for the development phase shall be submitted to and approved in writing by the Local Planning Authority. The materials shall be based upon the materials palette in the Design and Access Statement by Lifschutz Davidson Sandilands. The development within each phase shall be carried out only in accordance with the approved materials.

 

24.     No dwelling within Phases 1A, 1B and 1C of the development shall be occupied until the noise mitigation measures detailed in the following reports, approved under planning ref. 21/01236/DISCON, have been implemented in full, unless otherwise agreed in writing by the Local Planning Authority:

 

Phase 1A Environmental Noise and Vibration Assessment Report (Ref. CL/J003029/4827/01 dated 2 March 2021) by PDA

Phase 1B Environmental Noise and Vibration Assessment Report (Ref. CL/J003029/4842/01 dated 11 March 2021) by PDA

Phase 1C Environmental Noise and Vibration Assessment Report (Ref. CL/J003029/4880/01 dated 30 March 2021) by PDA

 

Prior to the commencement of any superstructure works within any subsequent development phase, a detailed noise mitigation scheme for the building to achieve satisfactory internal noise levels to each dwelling, in accordance with BS 8233:2014 ‘Guidance on Sound Insulation and Noise Reduction for buildings’, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the building fabric, glazing specifications, party walls and floors and mechanical ventilation systems. The noise mitigation scheme shall address potential noise nuisance arising from road traffic, rail traffic, electrical substations, thermal substations, and all plant and equipment associated with commercial units within the building. The noise from electrical substations shall not exceed the criteria set out in Table 5 of ‘A Procedure for the Assessment of Low Frequency complaints’ (University of Salford, Manchester, 2009). No dwelling within the development phase shall be occupied until all the approved mitigation measures have been completed.

 

25.     No plant and equipment associated with the commercial units within each phase shall be installed on any building until a noise impact assessment, including proposed mitigation measures for noise, to achieve satisfactory internal noise levels to the nearest residential dwellings, has been submitted to and approved in writing by the Local Planning Authority. The plant and equipment

 

26.     Prior to the occupation of any commercial unit in each development phase that includes a commercial unit(s), full details of the proposed shop front(s) for the commercial unit(s) within that phase shall be submitted to and approved in writing by the Local Planning Authority.  The details shall include the following:

 

a)      Detailed drawings at scale 1:20 including sections of the proposed shop front(s);

b)      Detailed drawings at scale 1:20 of the proposed area for signage;

c)       Details of the proposed materials for the shop front(s);

d)      Details of any proposed security measures; and,

 

The shop front(s) shall be installed in accordance with the approved details prior to the first occupation of the commercial unit(s) and shall be maintained as such thereafter.

 

27.     Prior to the commencement of any superstructure works for each development phase, a landscaping scheme for the treatment of all open spaces, including but not limited to public open space, communal amenity space, children’s play space and private amenity space, shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall be based upon the approved Landscape Strategy (May 2019) and include the following details:

 

a)      Details of the landscape management scheme;

b)      Details of children’s play space , including but not limited to types of play areas, play equipment, how the space is differentiated from communal/public open space and how this fits in with the children’s play space strategy for the whole site;

c)       Enclosures: including but not limited to types, dimensions and treatments of walls, fences, screens, barriers, rails, retaining walls and hedges;

d)      Hard landscaping: including but not limited to ground surfaces, kerbs, edges, paving, furniture, bins, lighting, steps and if applicable synthetic surfaces;

e)      Soft landscaping: number and type of species to be planted;

f)       Trees: number and type of species to be planted;

g)      Biodiversity measures, including but not limited to green roofs, brown roofs, bird boxes, bat boxes, invertebrate boxes and bee hives;

h)      Lighting details, including siting, type, height, specification, hours of operation and lux values;

i)       Details of the wayfinding signage and details of the maintenance of any such signs proposed and approved;

j)       Details of how the landscaping features will provide suitable wind mitigation as set out in the Environmental Statement;

k)      Management plan detailing management responsibilities and maintenance schedules for the ongoing maintenance and access for communal amenity areas and public open space; and,

l)       Any other landscaping feature(s) forming part of the scheme.

 

All landscaping in accordance with the approved scheme shall be completed/planted during the first planting season (unless otherwise agreed in writing) following practical completion of the development phase. Any trees or shrubs which die within five years of completion of the development phase shall be replaced with the same species, unless otherwise approved in writing, to the satisfaction of the Local Planning Authority.

 

The development phase shall be carried out strictly in accordance with the approved details and shall be maintained as such thereafter.

 

28.     No dwelling or commercial unit within the development shall be occupied until written approval has been provided by the Local Planning Authority that either 1) all wastewater network upgrades required to accommodate the additional flows from the development have been completed; or 2) a housing and infrastructure phasing plan has been approved in writing which specifies the infrastructure works to be undertaken and the number of properties that can be occupied in each development phase. Where a housing and infrastructure phasing plan has been approved, no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

 

29.     No dwelling or commercial unit within the development shall be occupied until written approval has been provided by the local planning authority that either 1) all surface water network upgrades required to accommodate the additional flows from the development have been completed; or 2) a housing and infrastructure phasing plan has been approved in writing which specifies the infrastructure works to be undertaken and the number of properties that can be occupied in each development phase. Where a housing and infrastructure phasing plan has been approved no occupation shall take place other than in accordance with the agreed housing and infrastructure phasing plan.

 

30.     No dwelling shall be occupied within any development phase until details of the provision of communal facilities for terrestrial and satellite television reception (e.g. aerials, dishes and other such equipment) for that  building in the development phase has been submitted to and approved in writing by the Local Planning Authority. Such details shall include the specific size and location of all equipment. The approved details shall be implemented prior to the first occupation of the relevant building and shall be retained thereafter. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no other television reception equipment shall be introduced onto the walls or the roof of the building without the prior written approval of the Local Planning Authority.

 

31.     No dwelling or commercial unit within each development phase shall be occupied until the refuse and recycling storage facilities for that phase have been provided in accordance with the approved plans unless otherwise agreed in writing by the Local Planning Authority. The storage facilities shall be retained at all times thereafter.

 

32.     No dwelling shall be occupied within any development phase until a residential delivery and servicing management plan for that phase has been submitted to and approved in writing by the Local Planning Authority. This plan shall include all deliveries to and waste and recycling collections from the residential dwellings.

 

The development shall be operated strictly in accordance with the approved plan, shall be maintained as such thereafter and no change thereof shall take place without the prior written consent of the Local Planning Authority.

 

33.     No commercial unit within any development phase shall be occupied until details of a delivery and servicing management plan has been submitted to and approved in writing by the Local Planning Authority. This plan shall include all deliveries to and waste and recycling collections from the commercial unit. No deliveries to or collections from any commercial unit shall take place before 7.00am or after 11.00pm on any day.

 

The development shall be operated strictly in accordance with the details approved, shall be maintained as such thereafter and no change thereof shall take place without the prior written consent of the Local Planning Authority

 

34.     The commercial units shown within buildings S2, S3, S6, N1, N2, N3 and N4 shall only be used for purposes within Use Class E or as a public house or bar (sui generis) or as a takeaway (sui generis) of the Town and Country Planning (Use Classes) Order 1987 (as amended). Prior to the first occupation of any commercial unit full details of the proposed use, together with hours of operation, shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be operated strictly in accordance with the details approved, shall be maintained as such thereafter and no change thereof shall take place without the prior written consent of the Local Planning Authority.

 

35.     No commercial unit within buildings S2, S3, S6, N1, N2, N3 and N4 shall be used for purposes as a restaurant or café (Use Class E), public house or bar (sui generis) or takeaway (sui generis) of the Town and Country Planning (Use Classes) Order 1987 (as amended) until details of the means of ventilation for the extraction and dispersal of fumes, including details the extraction, ventilation and filtration equipment and any other external plant or machinery (including ventilation units and air intake louvres) together with details of its method of construction, appearance, finish and acoustic performance has been submitted to and approved in writing by the Local Planning Authority. The use shall not commence until the approved plant and equipment has been installed in full. The approved plant and equipment shall be retained at all times. No further external equipment or plant may be installed without the prior written approval of the Local Planning Authority.

 

36.     Prior to the first occupation of any building within each development phase a car parking and cycle parking strategy for that phase shall be submitted to and approved in writing by the Local Planning Authority including:

 

a)      The location and allocation of car parking for commercial and residential users.

b)      The location of the accessible car parking spaces.

c)       The number and location of the electric vehicle charging spaces, which should be a minimum of 10% of the total number of car parking spaces provided.

d)      The location of and number of cycle parking spaces including details of the stands to be used.

e)      Security and accessibility measures.

 

No dwelling shall be occupied until the approved car parking and cycle parking strategy for that phase has been implemented in full. The approved car and cycle parking spaces shall be retained as approved at all times.

 

37.     No commercial unit within buildings S2, S3, S6, N1, N2, N3 and N4 hereby permitted shall be occupied until a certificate of compliance from an accredited assessor, confirming that the unit has achieved a BREEAM rating of Very Good, has been submitted to and approved in writing by the Local Planning Authority.

 

38.     No external multi-use games area (MUGA) within the primary school site shall be used for sporting activities by staff, pupils or members of the public before 9.00am or after 9.00pm on any day.

 

39.     The primary school shall not be occupied until details of the means of ventilation for the extraction and dispersal of fumes, including details the extraction, ventilation and filtration equipment and any other external plant or machinery (including ventilation units and air intake louvres) together with details of its method of construction, appearance, finish and acoustic performance has been submitted to and approved in writing by the Local Planning Authority. The use of the primary school shall not commence until the approved plant and equipment has been installed in full. The approved plant and equipment shall be retained at all times. No further external equipment or plant may be installed without the prior written approval of the Local Planning Authority.

 

40.     No lighting shall be installed within the primary school site or on the building until full details of the lighting, including siting, type, height, specification, hours of operation and lux values, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

 

41.     The development hereby approved shall be built in accordance with the approved plans under Condition 2 and be restricted in development quantum to the following:

 

          2,050sqm GEA of flexible commercial floor space within Use Class E and including public house, bar, takeaway uses (sui generis)

          1,266 residential units (Use Class C3)

          Up to 2,910sqm GEA of primary school (Use Class F) and nursery (Use Class E)