Agenda item

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Application Number	24/00911/VARM
Location	Land at Broad Street Green Road and Langford Road Maypole Road Great Totham
Proposal	Variation of condition 20 on planning permission 15/00419/OUT approved on appeal (Part outline/part detailed (hybrid) application for mixed use development including: (i) Residential development (Use Class C3) for up to 1138 dwellings including 30% as affordable housing (Outline) (ii) Residential Care for up to 120 beds (Use Class C2) (Outline) (iii) "Neighbourhood" uses which may include retail, commercial, and community uses (Use Classes A1 and/or A2 and/or A3 and/or A4 and/or A5 and/or D1a and/or D1b) (Outline) (iv) Primary school and early years childcare facility (Use Class D1c) (Outline) (v) A Relief Road between Broad Street Green Road and Langford Road (Detailed element) (vi) Formal and informal open space (including any associated sports pavilion/clubhouse) (Use Class D2e) (Outline); (vii) Construction of initial gas and electricity sub-stations (Detailed); and (Viii) All associated amenity space, landscaping, parking, servicing, utilities (other than as listed in item (vii) above), footpath and cycle links, on-site drainage, and infrastructure works (Outline). The proposed change to the condition would alter the trigger for the provision of that part of the Relief Road that lies between Langford Road and Maypole Road to be fully completed from 'prior to the occupation of the 100th dwelling' to 'prior to the 26 September 2025'.
Applicant	Vistry Group
Agent	Kevin Coleman - Phase 2 Planning & Development Ltd
Target Decision Date	31.05.2025 (Time Extension agreed with applicant)
Case Officer	Chris Purvis
Parish	GREAT TOTHAM, HEYBRIDGE, AND LANGFORD AND ULTING
Reason for Referral to the Committee / Council	Strategic site within the strategic submitted Local Development Plan Major Application

 

The Head of Service: Development Management and Building Control presented the report and advised Members that this application had been considered by the Committee at its meeting on 22 May 2025 where it was resolved that it be approved subject to conditions and a Section 106 Legal Agreement. The application had been brought back before the Committee to enable it to reconsider the application with the benefit of an Environmental Impact Assessment (EIA) Screening Direction to ensure any decision made complied with the relevant regulations. The report provided detailed information of the updated matters for further consideration and to ensure compliance with legislation and the Council’s Constitution. The Head of Service drew Members’ attention to Section 1.4 of the report and took Members through this information in detail.

 

Following the Officers’ presentation, the Applicant Mr Moseley addressed the Committee.

 

Councillor A S Fluker advised of an error in paragraph 1.4.4 of the report and that the first paragraph of italic text should refer to “…extension of development, where that development is already authorised…”. This was noted. Councillor Fluker then proposed that Members agree the Officers’ recommendation of approval. This proposal was duly seconded.

 

Following further discussion, the Chairperson moved the proposal in the name of Councillor Fluker and upon a vote being taken this was duly agreed.

 

RESOLVED that this application be APPROVED subject to the conditions (as set out below) and subject to the Section 106 legal agreement from planning permission reference 15/00419/OUT.

 

Timeframe of three years for full permission elements – Relief Road and gas and electricity substations

1               The elements of the development for which full permission is hereby granted (a Relief Road between Broad Street Green Road and Langford Road and the construction of initial gas and electricity sub-stations) shall be constructed in accordance with the details as approved.

 

Details for Reserved Matters (RM) access, appearance, landscaping, layout, and scale

2               For all elements of the development other than those for which full planning permission has been granted (a Relief Road between Broad Street Green Road and Langford Road and the construction of initial gas and electricity sub-stations) details of the access, appearance, landscaping, layout, and scale (hereinafter called the reserved matters) shall be submitted to and approved in writing by the Local Planning Authority before any development other than preliminary ground works, or any works connected to the construction of the Relief Road or the substations takes place, and the development shall be carried out as approved.

 

First app. for RM within three years

3               Condition deleted

 

Applications for RM no later than 29 October 2029 (10 years from original consent)

4               Application(s) for approval of reserved matters shall be made to the Local Planning Authority no later than the 29 October 2029.

 

Approved RM to begin no later than 2 years from date of permission

5               The element of the development for which outline permission is hereby granted shall begin not later than two years from the date of approval of the first of the reserved matters to be approved.

 

Approved Plans List

6               The development hereby permitted shall be carried out in accordance with the following approved plans:

 

PRM-01 Rev R – Design Parameter Plan – Land Use; PRM-04 Rev P – Design Parameter Plan – Building Heights; PRM-05 Rev Q – Design Parameter Plan – Residential Density; PRM-02 Rev W – Green and Blue Infrastructure; PRM-03 Rev P – Access and Movement; CPMALDON.1/01J – Relief Road Overview; CPMALDON.1/02G – Langford Road Roundabout; CPMALDON.1/03F – Staggered Priority Junction Arrangement; CPMALDON.2/04E – Central Priority Junction and Broad Street Green Rd Roundabout; CPMALDON.1/05D – Langford Road Rd/.Northern Arm and Vertical Profile; CPMALDON.108C – Relief Road Long Section – Langford Road End; MBSK150720-1 – Maldon Road Centreline and Visibility; 44006-C-010B – Substation Location Plan; TC-STD-G-PRI – Gas Governor; and TC-STD-SS-01 – Brick Built Electricity Substation.

 

Construction Environmental Management Plan (CEMP)

7               With the exception of those parcels or phases to which a CEMP pursuant to condition 7 of planning permission 15/00419/OUT has been approved, no development within any part of the site or phase of development (as defined in the Strategic Phasing Plan to be approved pursuant to Condition 11) shall take place until a Construction Environmental Management Plan (CEMP) for that part of the site or phase of the development has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the consideration of the following aspects:

(a)           indicative construction and phasing programme for that phase/part of the development;

(b)        details of the location of the construction compound with boundary/security details, and temporary buildings/offices, storage areas/compounds, plant, equipment, external lighting arrangements, materials storage, screening, and hoardings;

(c)        hours of construction and delivery times for construction purposes;

(d)        a Waste Management Plan detailing the anticipated nature and volumes of waste, measures to ensure the maximisation of waste re-use, measures to ensure effective segregation of waste at source including waste sorting, storage, recovery and recycling facilities to ensure the maximised reuse of waste both within and outside the site, any other steps to ensure the minimisation of waste during construction, the location and timing of provision of facilities, proposed monitoring and timing of submission of monitoring reports;

(e)        a Pollution Management Plan to include details of measures to be taken during the construction period to protect wildlife, habitats and hydrology, an investigation and monitoring scheme to oversee and direct construction works, and details of soil handling, storage and restoration, dust management and wheel washing facilities;

(f)         procedures for dealing with any unexpected contamination that may be encountered during the construction process;

(g)        a Construction Ecological Management Plan, including details for mitigating the effects of construction on habitats and protected species in line with the assessment set out in the Environmental Statement;

(h)        measures for protecting trees and hedgerows intended for retention, during the construction process;

(i)         a Noise and Vibration Plan detailing methods for monitoring and mitigating noise and vibration from plant, construction equipment and vehicles;

(j)         a Water Management Plan detailing the measures to be used to prevent pollution into ground water supplies and to prevent flooding; and

(k)        a Traffic Management Plan to detail vehicle access arrangements, permanent and temporary realignment of highways, diversions and road closures, temporary signage, delivery areas, and parking spaces for visitors and on-site workers, and the safeguarding of Public Rights of Way during construction.

 

The CEMP shall be implemented in the manner approved before any development commences in the relevant phase of development/part of the site to which it relates and shall be adhered to for the duration of the construction period of that phase/part of the development. All construction infrastructure shall be removed from the site within three months of completion of the corresponding phase/part of the development.

Where the CEMP has been discharged for earlier phases of development the development shall be implemented in accordance with the details as approved through application references 21/05134/DET, and 23/05036/DET, and specifically for paragraph (g) 21/05031/DET, 22/05005/DET and 22/05113/DET.

 

Archaeological Assessment and Implementation Programme

8               The archaeological assessment (prepared by an accredited archaeological consultant) and the implementation of a programme of archaeological work for the site shall be carried out in as approved through application references 21/05054/DET and 21/05147/DET.

 

Surface Water Drainage Scheme

9               With the exception of those parcels or phases to which a Surface Water Drainage Scheme pursuant to condition 9 of planning permission 15/00419/OUT has been approved, no development within any part of the site or on any Phase of the development (as defined by the Strategic Phasing Plan approved pursuant to condition 11) shall take place until a detailed surface water drainage scheme for that part of the site/phase of the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include, but not be limited to:

(a)           limiting discharge rates to 1 in 1 greenfield runoff rates for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change;

(b)           the provision of sufficient storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event;

(c)           the required allowance for urban creep should be included in storage calculations;

(d)           a demonstration that all storage features can half empty within 24 hours for the 1:30 plus 40% climate change critical storm event. If the storage required to achieve this via infiltration or a restricted runoff rate is considered to make the development unviable, a longer half emptying time may be acceptable. An assessment of the performance of the system and the consequences of consecutive rainfall events occurring should be provided. Subject to agreement, ensuring the drain down in 24 hours provides room for a subsequent 1 in 10 year event may be considered acceptable;

(e)           final modelling and calculations for all areas of the drainage system;

(f)            the appropriate level of treatment for all runoff leaving the site, in line with the CIRIA SuDS Manual C753;

(g)           detailed engineering drawings of each component of the drainage scheme;

(h)           a final drainage plan which details exceedance and conveyance routes, finished floor levels and ground levels, and location and sizing of any drainage features; and

(i)             a written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

The surface water drainage scheme shall be implemented in accordance with the details approved by this condition and that of condition 9 of planning permission reference 15/00419/OUT (application references 23/05080/DET, 21/05125/DET and 22/05075/DET) before occupation.

 

Surface Water Drainage Scheme – Maintenance and Management details

10            The management and maintenance of watercourses within the site and the SuDS network to be provided shall be implemented in accordance with application reference 21/05121/DET.

 

Strategic Phasing Plan

11            The development hereby permitted shall be implemented in accordance with the site wide Strategic Phasing Plan as approved through application reference 21/05187/DET unless a revision to that plan is agreed in writing by the local planning authority pursuant to this condition.

 

Strategic Management and Maintenance Plan for the entirety of the Strategic Green Infrastructure

12            The development shall be implemented in accordance with the

Strategic Management and Maintenance Plan for the entirety of the Strategic Green Infrastructure as approved through application reference 20/05035/DET unless a revision to the Strategic Management and Maintenance Plan is agreed in writing by the local planning authority pursuant to this condition.

 

Ecological Conservation Management Plan (ECMP)

13            The development shall be implemented in accordance with the Ecological Conservation Management Plan (ECMP) for the site as approved through application references 21/05031/DET, 21/05162/DET and 22/05081/DET. All species and habitat protection, enhancement, restoration and creation measures shall be carried out in accordance with the approved ECMP.

 

Contamination and Remediation

14            The development shall be implemented in accordance with the Phase 2 intrusive investigation and report as approved through application reference 21/05107/DET.

 

Superfast Broadband Strategy

15            The development shall be implemented in accordance with the strategy to facilitate superfast broadband for future occupiers as approved through application references 21/05135/DET.

 

Foul Drainage

16            With the exception of those parcels or phases to which a Foul Drainage has been approved pursuant to condition 16 of planning permission 15/00419/OUT, no other building intended for use for purposes falling within Use Classes A1, A2, A3, A4, A5, C2, C3, D1 or D2 as defined by the Town and Country (Use Classes) Order 1987 (as amended) shall be erected above foundation level until details of the foul water drainage for that building have been submitted to and approved in writing by the Local Planning Authority.

 

The drainage works as approved pursuant to this condition and condition 16 of planning permission 15/00419/OUT (application references 22/05076/DET and 23/05124/DET)shall be completed in accordance with the approved details before first occupation of the building to which it relates.

 

Details of depth of excavation trenches for all services

17            With the exception of those parcels or phases to which a scheme has been approved pursuant to condition 17 of planning permission 15/00419/OUT, no development within a site for which reserved matters approval is sought shall take until such time as full details of the position and proposed depth of excavation trenches for all services (including cables, pipes, surface water drains, foul water drains, and public utilities) and their means of installation where they pass under the canopy of any retained tree within, adjacent to, or which overhangs, the development area, have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. For details of the position and proposed depth of excavation trenches for all services (including cables, pipes, surface water drains, foul water drains, and public utilities) and their means of installation where they pass under the canopy of any retained tree within, adjacent to, or which overhangs, the development area that have already been approved the development shall be implemented in accordance with the approved application references 22/05014/DET and 22/05110/DET.

 

Tree and Hedgerow Protection

18            The development shall be implemented in accordance with the tree retention and protection measures as approved through application references 21/05129/DET, 21/000961/RESM and 22/00289/RESM. No development in any reserved matters area shall commence until fencing and ground protection to protect the retained trees/hedgerows in that reserved matters area have been erected in accordance with the details previously submitted to and approved in writing by the Local Planning Authority. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes seriously damaged or defective, a replacement tree shall be planted within the site of such size and species and at such a time as specified by the Local Planning Authority.

 

Details of acoustic barrier to the south of the Relief Road

19            The proposed acoustic barrier to the south of the Relief Road shall be implemented in accordance with the details as approved through application references 22/05109/DET and 21/00961/RES. The acoustic barrier shall be completed in accordance with the approved details before first occupation of any dwelling in that particular phase and retained in perpetuity thereafter.

 

Relief Road section between Langford Road and Maypole Road completion by 26 September 2025

20            Prior to 26 September 2025 the Relief Road shall be fully completed in accordance with the approved details and open to the public between Langford Road and Maypole Road.

 

Relief Road section between Langford Road and Broad Street Green Road completion before occupation of 350th dwelling

21            Prior to the occupation of the 350th dwelling hereby approved, the Relief Road shall be fully completed in accordance with the approved details and including all associated accesses, junctions and crossing points, and open to the public between Langford Road and Broad Street Green Road.

 

Traffic monitoring and Priority for Buses along Maypole Road south of the Relief Road

22             

(a)   Monitoring of the traffic conditions on Maypole Road between Holloway Road and the junction of Maypole Road with the Relief Road shall be undertaken in accordance with the details agreed pursuant to condition 22 of planning permission 15/00419/OUT, under Discharge of Condition reference 23/05117/DET.

(b)   The monitoring scheme shall not commence before the Relief Road is completed and open to the public.

(c)   The monitoring data shall be submitted to the local planning authority and the highway authority within three months of the completion of the monitoring period.

(d)   No more than 500 of the dwellings hereby approved shall be occupied until the local planning authority has confirmed in writing as to whether the scheme to provide priority for buses along Maypole Road south of the Relief Road approved pursuant to condition 22 of planning permission 15/00419/OUT (under Discharge of Condition reference 23/05117/DET) is required to be implemented

(e)   If implementation is required, then no more than 600 dwellings shall be occupied until the scheme is completed.

 

Monitoring data to be submitted to understand whether scheme in condition 20 is required  

23            Condition deleted as merged with Condition 22

 

Residential Travel Plan

24            The development shall be implemented in accordance with the Residential Travel Plan as approved application reference 23/05018/DET. The approved Travel Plan shall be implemented for a period commencing from the first occupation of any dwelling on the site, and end 1 year after the occupation of the 1,100th dwelling, or some other time period as may be agreed by the Local Planning Authority through this condition.

 

Residential Travel Information Pack

25            Upon the first occupation of any dwelling, a Residential Travel Information Pack (The Pack), as approved through application reference 23/05018/DET, setting out available sustainable transport choices, shall be provided with that dwelling. The Pack shall include free travel vouchers for use with the relevant local public transport operator.

 

Noise Validation Survey

26            After the occupation of the 500th dwelling but before the occupation of the 750th, a Noise Validation Survey shall be undertaken to verify the noise levels in the rear of the gardens of properties on Poplar Grove and properties fronting Langford Road. The survey results shall be submitted to the Local Planning Authority. In the event that the survey shows noise levels exceeding WHO 55bD in these areas, the developer shall write to the owners of the affected properties to offer the construction of a solid wooden boundary fence up to 1.8m in height, and if requested to do so by the owners of the property within 28 days of the offer, shall complete the installation of the fence before occupation of the 751st dwelling on the development site.

 

Bus Stop details for RM

27            The development shall be implemented in accordance with the details of the bus stop to be provided, including the timing of its provision as approved through application references 21/00961/RES and 22/00289/RES.

 

Network of pedestrian and cycle routes for RM

28            Any reserved matters application(s) relating to layout shall include a scheme to show the provision of a network of pedestrian and cycle routes linking all areas within that part of the development, in accordance with Drawing PRM-03 Rev P – Design Parameter Plan – Access and Movement, and a programme for their implementation. The cycle routes shall be appropriately hard-surfaced and, where provided as a dedicated off-carriageway route, shall have a minimum width of 3m (or 3.5m if shared with pedestrians). The pedestrian and cycle routes shall be implemented in accordance with the approved details.

 

Where the provision of a network of pedestrian and cycle routes linking all areas within that part of the development have been discharged the development shall be implemented in accordance with the details as approved through application references: 

 

For Strategic Infrastructure - 21/00384/RES, 21/00961/RES and 22/00289/RES

 

For Residential Parcels

·                Phase 1, Parcels 1 and 2 application reference 21/00752/RES,

·                Phase 2 Parcels 10,11,12 application reference 22/00523/RES,

·                Phase 3 Parcel 4 application reference 23/00226/RESM.

·                Phase 3 Parcel 5 application reference 24/00587/RESM, and

·                Phase 4 Parcels 3,6,7 application reference 23/00408/RESM

 

Vehicle Parking for RM

29            Any reserved matters application(s) relating to layout and/or access, including residential or commercial buildings, shall include details of all types of vehicle parking proposed, including the number, location, and design of any enclosed structures within the site. Prior to the occupation of any dwelling/building within that reserved matters parcel, the parking areas relating to that dwelling/building shall be completed in accordance with the approved details and retained for their intended purpose thereafter.

 

Where details of all types of vehicle parking proposed, including the number, location, and design of any enclosed structures within the site have been discharged the development shall be implemented in accordance with the details as approved through application references: 

 

For Strategic Infrastructure for 21/00384/RES, RES/MAL/21/00961 and 22/00289/RES

 

For Residential Parcels

·                Phase 1, Parcels 1 and 2 application reference 21/00752/RES,

·                Phase 2 Parcels 10,11,12 application reference 22/00523/RES,

·                Phase 3 Parcel 4 application reference 23/00226/RESM.

·                Phase 3 Parcel 5 application reference 24/00587/RESM, and

·                Phase 4 Parcels 3,6,7 application reference 23/00408/RESM

 

Cycle Parking for RM

30            Any reserved matters application(s) including residential or commercial buildings shall be accompanied by details of facilities for the covered secure parking of bicycles for use in connection with those buildings. Prior to the occupation of any dwelling/building the cycle parking facilities for that dwelling/building shall have been provided in accordance with the approved details and they shall be retained thereafter for their intended purpose.

 

Where details of all types of vehicle parking proposed, including the number, location, and design of any enclosed structures within the site have been discharged the development shall be implemented in accordance with the details as approved through application references: 

 

For Residential Parcels

·                Phase 1, Parcels 1 and 2 application reference 21/00752/RES,

·                Phase 2 Parcels 10,11,12 application reference 22/00523/RES,

·                Phase 3 Parcel 4 application reference 23/00226/RESM.

·                Phase 3 Parcel 5 application reference 24/00587/RESM, and

·                Phase 4 Parcels 3,6,7 application reference 23/00408/RESM

 

Landscaping requirements

31            Part 1

Any reserved matters application made pursuant to this approval that seeks the approval of landscaping details shall include a detailed landscaping scheme with designs and specifications for the associated reserved matters site. Where relevant to that part of the site, this shall substantially accord with the details set out within the submitted Design Strategy for the North Heybridge Relief Road (included within the Design and Access Statement). The details shall be accompanied by a Landscaping Statement that demonstrates how the landscaping scheme is broadly in accordance with the Council’s endorsed Strategic Design Code.

 

Where details of landscaping details have been discharged for Part 1 the development shall be implemented in accordance with the details as approved through application references: 

 

For Strategic Infrastructure for 21/00384/RES, RES/MAL/21/00961 and 22/00289/RES

 

For the Residential Parcels

·                Phase 1, Parcels 1 and 2 application reference 21/00752/RES,

·                Phase 2 Parcels 10,11,12 application reference 22/00523/RES,

·                Phase 3 Parcel 4 application reference 23/00226/RESM.

·                Phase 3 Parcel 5 application reference 24/00587/RESM, and

·                Phase 4 Parcels 3,6,7 application reference 23/00408/RESM

 

Part 2

Prior to commencement of development within any Reserved Matters site, full details of the hard and soft landscaping proposals, which shall be in accordance with the Reserved Matters design approved under Part 1 of this condition, shall be submitted for the written approval of the Council. Unless such details have already been approved as part of the relevant Reserved Matters design, the detailed landscape designs and specifications for any reserved matters site shall include:

(a)           full details of planting plans and written specifications, including cultivation proposals for maintenance and management associated with plant and grass establishment, details of the mix, size, distribution, density and levels of all trees/hedges/shrubs to be planted and the proposed timing of that planting. The planting plan shall include a full schedule of plants and use botanic names;

(b)           scaled cross-sections of mounding, ponds, ditches, and swales and proposed treatments of the edges and perimeters of the site;

(c)           the landscape treatment of all roads through the reserved matters site;

(d)           a specification for the establishment of trees within hard landscaped areas including details of space standards and tree pit details;

(e)           the planting and establishment of structural landscaping to be provided in advance of all or specified parts of the reserved matters site as appropriate;

(f)            full details of any proposed alterations to existing watercourses and/or drainage channels;

(g)           details and specification of any proposed earth modelling, mounding, re-grading and/or embankment areas or changes of level across the reserved matters site to be carried out including soil quantities, topsoil storage to BS 3882:2007, haul routes, proposed levels and contours to be formed, sections through construction to show make-up; and the timing of works;

(h)           full details of all proposed methods of boundary treatment including details of all gates, fences, walls, and other means of enclosure both within and around the edge of the reserved matters site;

(i)             full details, including cross-sections, of all bridges and culverts;

(j)             utility routes, type and specification;

(k)           the location and specification of minor artefacts and structures including furniture, refuse, or other storage units, signs and lighting columns/brackets;

(l)             1:200 scale plans (or at a scale otherwise agreed) including cross sections, of roads paths and cycleways; and

(m)         details of all hard surfacing materials (size, type and colour).

 

The details submitted for both hard and soft landscaping shall include a schedule for the implementation of the proposed works along with a Management and Maintenance Plan which shall include:

(i)         planting, grass cutting, weeding and pruning schedules;

(ii)        inspection, repair and maintenance details relating to hard landscaping (including tracks, paths, boundary treatment, play equipment, street furniture, and litter picking);

(iii)       a programme of management activities and monitoring and operational restrictions; and

(iv)       a maintenance programme for the establishment period of the planting and existing remaining planting for trees and hedgerows (the first five years after planting).

 

The landscaping within the reserved matters site areas shall be implemented in accordance with the approved details and programme unless an alternative programme is agreed in writing by the Local Planning Authority through this condition. The approved Management and Maintenance Plan shall be implemented in accordance with the approved details and continued thereafter in perpetuity.

 

Where details of landscaping details have been discharged for Part 2 the development shall be implemented in accordance with the details as approved through application references: 

 

For Strategic Infrastructure for 22/05137/DET, 22/05054/DET and 23/5029/DET

 

For the Residential Parcels

-           Phase 1, Parcels 1 and 2 application reference 21/00752/RES,

-           Phase 2 Parcels 10,11,12 application reference 22/00523/RES,

-           Phase 3 Parcel 4 application reference 23/00226/RESM.

-           Phase 3 Parcel 5 application reference 24/00587/RESM, and

-           Phase 4 Parcels 3,6,7 application reference 23/00408/RESM

 

Recycling and Waste details for RM

32            Any reserved matters application shall be accompanied by details relating to the location, design, specification, management and maintenance of the recycling facilities. These details shall specify the specific positions where wheeled bins, recycling boxes, or any other means of storage, will be stationed, and the arrangements for the disposal of waste. The approved recycling facilities shall be provided for the dwelling/building to which they relate prior to the occupation of that dwelling/building.

 

Any Planting that fails replaced within 5 years

33            Any trees or plants provided as part of any landscaping scheme for a reserved matters site which. Within a period of five years of the planting date, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.

 

Remove of PD rights for hard surfacing of front gardens

34            Notwithstanding the provisions of Schedule 2, part 1, Class F of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) there shall be no hard surfacing of front gardens beyond that permitted as part of the approval of reserved matters.

 

Lighting Strategy

35            Prior to the installation of any external lighting (other than street lighting to adopted road or domestic security lighting), a lighting strategy for that phase of the development (as agreed through Condition 11), including details of the location and type of fixtures and fittings, shall be submitted to and approved in writing by the Local Planning Authority. The external lighting shall be implemented in accordance with the approved details and retained as such thereafter.

 

Yearly logs of Maintenance of Surface Water Drainage Scheme

36            Pursuant to condition 10 attached to this permission, yearly logs of maintenance shall be kept which should be carried out in accordance with any approved Maintenance Plan. These must be made available for inspection upon request by the Local Planning Authority.

 

Housing Mix requirements

37            The development shall be carried out in accordance with the following housing mix: 1 or 2 bedrooms – minimum 50%; 3 bedrooms – minimum 30%; and 4+ bedrooms – no more than 20%.

 

Smaller Dwellings that are Single Storey in Height

38            Not less than 4% of the dwellings hereby approved shall be smaller dwellings (1 or 2 bedrooms) that are single-storey in height.

 

Playing Field Requirements

39            No development of the playing fields shall commence until the following documents have bene submitted to and approved in writing by the Local Planning Authority:

(j)             a detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints that could affect playing field quality;

(ii)        based on the results of the assessment to be carried out under (i), a detailed scheme that ensures the playing field will be provided to an acceptable quality – the scheme shall include a written specification of soils structure, proposed drainage, cultivation, and other operations associated grass and sports turf establishment and a programme of implementation; and

(iii)       a noise impact assessment relating to the use of the playing fields detailing a scheme of future mitigation measures.

 

The approved schemes shall be carried out in accordance with the Strategic Phasing Plan (condition 11) and the land shall thereafter be maintained and made available for use as playing fields in accordance with the approved details.

 

Community Use Agreement (CUA)

40            Before the playing fields are brought into use, a Community Use Agreement (CUA) shall be submitted to and approved in writing by the Local Planning Authority. This agreement shall include details of a pricing policy, hours of use, access by non-members, management responsibilities, and a mechanism for review. The CUA shall be implemented, in the manner approved, at all times.

 

No Floodlighting

41            There shall be no floodlighting associated with the playing fields/sports pitches, including those associated with the Primary School.

 

Details of Local Centre units to be provided

42            Prior to or contemporaneous with the submission of any application for reserved matters relating to the Local Centre, details of the distribution and size of all units intended for use within Use Classes A1, A2, A3, A4, A5 and D1, as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) shall be submitted to and approved in writing by the Local Planning Authority. The Local Centre shall be completed in accordance with the approved details.

 

Hours of use for Local Centre Units

43            The hours of use for any unit used for purposes within Use Classes A1, A2, A3, A4, A5 and D1, as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) within the Local Centre shall be 0700 to 2300 hours on Mondays to Saturdays (inclusive), Sundays and Bank Holidays.

 

Delivery and Collection Hours for Local Centre Units

44            Deliveries to and collections from any unit used for purposes within Use Classes A1, A2, A3, A4, A5 and D1, as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) within the Local Centre shall only take place between 0730 to 1900 hours on Mondays to Saturdays and Sundays and Bank Holidays.

 

Means of commercial refuse/recycling for Local Centre

45            No development of the commercial units within the Local Centre shall be carried out until details of the means of commercial refuse/recycling storage, including details of the bin stores to be provided, have been submitted to and approved in writing by the Local Planning Authority. The commercial refuse/recycling storage facilities shall be provided in accordance with the approved details before the units are brought into use and retained as such for their intended purpose thereafter.

 

Local Centre – Ventilation Equipment

46            No installation of any extract ventilation system, compressors, generators, refrigeration equipment, or any other fixed plant, shall be installed on any building in the Local Centre, unless the details of such equipment has first been submitted to and approved in writing by the Local Planning Authority. Those details shall include the location of the equipment, acoustic housing, and any vibration isolation measures, together with projected noise levels at the boundary of the property. Installation shall be carried out in accordance with the approved details and retained as such thereafter.

 

Sound level restrictions for any Amplified Sound

47            The specific sound level (LA eq,15) resulting from any amplified sound used within any units falling within Use Classes A3, A4, A5, D1 and D2 as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) shall not exceed the background noise level (LA 90,15), at a point one metre from the external façade of the nearest noise sensitive receptor.