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DISCO PA/2017/752
Applications for discharge of conditions are not open to public consultation and the Local Planning Authority will only accept responses from persons/organisations that have been formally consulted and requested to provide comments.
Application Details
Reference
PA/2017/752
Proposal
Application to discharge conditions attached to planning permission PA/2016/1709
Relating to
PA/2016/1709
Details of conditions to discharge
This is a compliance condition and cannot be formally discharged until such time that the evidence has been submitted to ensure compliance.
Condition
9.
The biodiversity management plan shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter, unless otherwise approved in writing by the local planning authority. The applicant or their successor in title shall submit photographs of the installed bat roosting and bird nesting features, within two weeks of installation, as evidence of compliance with this condition.
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The biodiversity management plan shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter, unless otherwise approved in writing by the local planning authority. The applicant or their successor in title shall submit photographs of the installed bat roosting and bird nesting features, within two weeks of installation, as evidence of compliance with this condition.
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This is a compliance condition and cannot be discharged until such time that the agreed surface water drainage scheme has been implemented on the site.
Condition
14.
The drainage scheme shall be implemented in accordance with the approved submitted details required by the above condition and shall be completed prior to the occupation of any dwelling within each phase or sub-phase of the development on site and thereafter retained and maintained in accordance with the scheme for the life of the development unless otherwise agreed in writing with the local planning authority.
The drainage scheme shall be implemented in accordance with the approved submitted details required by the above condition and shall be completed prior to the occupation of any dwelling within each phase or sub-phase of the development on site and thereafter retained and maintained in accordance with the scheme for the life of the development unless otherwise agreed in writing with the local planning authority.
The details within the Biodiversity Management Plan undertaken by ESL Limited, dated May 2017 is acceptable; this condition is hereby discharged.
 Condition 8.
No development shall take place until a biodiversity management plan has been submitted to and approved in writing by the local planning authority. The plan shall include:
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a) details of measures to avoid harm to bats and nesting birds during demolition, vegetation clearance and construction works;
b) details of at least two bat roosting features to be installed on the new buildings;
c) details of nesting sites to be installed to support house sparrows;
d) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas bird nesting sites and sensitive habitats;
e) prescriptions for the retention, planting and aftercare of trees and shrubs of high biodiversity value;
f) proposed timings for the above works in relation to the occupation of the building.
 Condition 8.
No development shall take place until a biodiversity management plan has been submitted to and approved in writing by the local planning authority. The plan shall include:
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a) details of measures to avoid harm to bats and nesting birds during demolition, vegetation clearance and construction works;
b) details of at least two bat roosting features to be installed on the new buildings;
c) details of nesting sites to be installed to support house sparrows;
d) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas bird nesting sites and sensitive habitats;
e) prescriptions for the retention, planting and aftercare of trees and shrubs of high biodiversity value;
f) proposed timings for the above works in relation to the occupation of the building.
The details within the Archaeological Evaluation Report produced by PCAS Archaeology Ltd, dated April 2017 is acceptable; this condition is hereby discharged.
Condition
12.
A copy of any analysis, reporting, publication or archiving required as part of the mitigation strategy shall be deposited at the North Lincolnshire Historic Environment Record within six months of the date of completion of the development hereby approved by this permission or such other period as may be agreed in writing by the local planning authority.
A copy of any analysis, reporting, publication or archiving required as part of the mitigation strategy shall be deposited at the North Lincolnshire Historic Environment Record within six months of the date of completion of the development hereby approved by this permission or such other period as may be agreed in writing by the local planning authority.
The details within the Archaeological Evaluation Report produced by PCAS Archaeology Ltd, dated April 2017 is acceptable; this condition is hereby discharged.
Condition
11.
The archaeological mitigation strategy shall be carried out in accordance with the approved details and timings, subject to any variations agreed in writing by the local planning authority.
The archaeological mitigation strategy shall be carried out in accordance with the approved details and timings, subject to any variations agreed in writing by the local planning authority.
It has been confirmed that sensitive working methods were adopted which is consistent with part b) of this condition; on this basis the condition is hereby formally discharged.
Condition
7.
Works on the southernmost pigsty, as identified in the submitted bird and bat survey report, shall not in any circumstances commence unless the local planning authority has been provided with either:
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a) a licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified development to go ahead; or
b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence; or
c) a written method statement setting out the means by which loss or disturbance of the bat roost identified in the submitted bird and bat survey report shall be avoided.
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Works on the southernmost pigsty, as identified in the submitted bird and bat survey report, shall not in any circumstances commence unless the local planning authority has been provided with either:
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a) a licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified development to go ahead; or
b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence; or
c) a written method statement setting out the means by which loss or disturbance of the bat roost identified in the submitted bird and bat survey report shall be avoided.
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Environmental Protection have considered the following report and confirm that parts 3-4 of this condition remain in place until such time a verification report is submitted to demonstrate the verification of the topsoil within garden areas. Â
Report considered- Humberside Materials Laboratory Limited Letter report for Land adj to 36 Station Road, Kirton in Lindsey – Remediation & Verification Works. Dated 5 August 2022. Report Ref 195/4208/P/RL Condition 15.
Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.
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Part 1: Site Characteristics
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include:
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(i) a survey of the extent, scale and nature of contamination;
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(ii) an assessment of the potential risks to:
- human health
- property (existing or proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes
- adjoining land
- groundwaters and surface waters
- ecological systems
- archaeological sites and ancient monuments;
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(iii) an appraisal of remedial options, and a proposal of the preferred option(s).
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This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
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Part 2: Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
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Part 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works.
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Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.
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Part 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority.
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Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.
Report considered- Humberside Materials Laboratory Limited Letter report for Land adj to 36 Station Road, Kirton in Lindsey – Remediation & Verification Works. Dated 5 August 2022. Report Ref 195/4208/P/RL Condition 15.
Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.
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Part 1: Site Characteristics
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include:
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(i) a survey of the extent, scale and nature of contamination;
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(ii) an assessment of the potential risks to:
- human health
- property (existing or proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes
- adjoining land
- groundwaters and surface waters
- ecological systems
- archaeological sites and ancient monuments;
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(iii) an appraisal of remedial options, and a proposal of the preferred option(s).
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This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
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Part 2: Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
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Part 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works.
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Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.
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Part 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority.
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Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.
The details shown on drawing DR006428 are acceptable. In addition the applicant has confirmed the rate of surface water run-off of 5L/s can be achieved by using a 60mm outlet orifice and this is shown on the drawing. On this basis the condition is hereby discharged. Â
Condition
13.
No development shall take place until a strategy for the management of surface water drainage, that includes the implementation of SuDS and their adoption and maintenance arrangements, has been submitted to and agreed in writing by the local planning authority. This must be based on the proposals as detailed on drawing number 122015Â02, issue 02, dated 21/11/16 (via email). The drainage scheme shall demonstrate that surface water run-off generated up to and including the 1 in 100 year critical storm (including an allowance for climate change) will not exceed the run-off from the undeveloped site. It shall also include details of how the resulting completed scheme is to be maintained and managed so that flood risk, both on and off the site, is not increased. Discharge rate from the development to the adjacent watercourse to be restricted to 5 litres/second.
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No development shall take place until a strategy for the management of surface water drainage, that includes the implementation of SuDS and their adoption and maintenance arrangements, has been submitted to and agreed in writing by the local planning authority. This must be based on the proposals as detailed on drawing number 122015Â02, issue 02, dated 21/11/16 (via email). The drainage scheme shall demonstrate that surface water run-off generated up to and including the 1 in 100 year critical storm (including an allowance for climate change) will not exceed the run-off from the undeveloped site. It shall also include details of how the resulting completed scheme is to be maintained and managed so that flood risk, both on and off the site, is not increased. Discharge rate from the development to the adjacent watercourse to be restricted to 5 litres/second.
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The details within the Archaeological Evaluation Report produced by PCAS Archaeology Ltd, dated April 2017 is acceptable; this condition is hereby discharged.
Condition
10.
No development shall take place until an archaeological mitigation strategy, as defined in a brief prepared by the North Lincolnshire Historic Environment Record, has been submitted to and approved in writing by the local planning authority.The strategy shall include details of the following:
(i) the proper identification and assessment of the extent, character and significance of archaeological remains within the application area
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(ii) measures to ensure the preservation by record of archaeological features of identified importance
(iii) methodologies for the recording and recovery of archaeological remains, including artefacts and ecofacts
(iv) post-fieldwork methodologies for assessment and analyses
(v) report content and arrangements for dissemination, and publication proposals
(vi) archive preparation and deposition with recognised repositories
(vii) a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the strategy
(viii) monitoring arrangements, including the notification in writing to the North Lincolnshire Historic Environment Record Office of the commencement of archaeological works and the opportunity to monitor such works
(ix) a list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications.
No development shall take place until an archaeological mitigation strategy, as defined in a brief prepared by the North Lincolnshire Historic Environment Record, has been submitted to and approved in writing by the local planning authority.The strategy shall include details of the following:
(i) the proper identification and assessment of the extent, character and significance of archaeological remains within the application area
​
(ii) measures to ensure the preservation by record of archaeological features of identified importance
(iii) methodologies for the recording and recovery of archaeological remains, including artefacts and ecofacts
(iv) post-fieldwork methodologies for assessment and analyses
(v) report content and arrangements for dissemination, and publication proposals
(vi) archive preparation and deposition with recognised repositories
(vii) a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the strategy
(viii) monitoring arrangements, including the notification in writing to the North Lincolnshire Historic Environment Record Office of the commencement of archaeological works and the opportunity to monitor such works
(ix) a list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications.
Related Documents
| Document Type | Description | Date | |
|---|---|---|---|
| Application Form | Download | 31 May 2017 | |
| Decision Notice | Conditions 7-8 10-13 & 15 (Parts 1 & 2) | 25 April 2023 | |
| Decision Notice | Condition 15 (Part 3 - refused) | 25 April 2023 | |
| Drawing | Contaminated land | 3 January 2018 | |
| Drawing | Drainage (5 l/s restriction) | 8 December 2017 | |
| Drawing | Permeable paving/surface water drainage | 31 May 2017 | |
| General Documents | Download | 3 January 2018 | |
| Supporting Document | Remediation Method Statement v2 | 3 January 2018 | |
| Supporting Document | Remediation and verification report (condition 15) | 17 August 2022 | |
| Supporting Document | Archaeological Evaluation Report | 31 May 2017 | |
| Supporting Document | Permeable paving design | 31 May 2017 | |
| Supporting Document | Biodiversity Management Plan | 31 May 2017 | |
| Supporting Document | Phase 1 Desktop Report | 31 May 2017 |
Comments
| Type | Name | Date | |
|---|---|---|---|
| Consultation Reply | Environmental Health (Commercial) | 5 December 2017 | |
| Consultation Reply | Environmental Health (Commercial) | 5 December 2017 | |
| Consultation Reply | Environmental Health (Commercial) | 10 January 2018 | |
| Consultation Reply | Drainage | 12 June 2017 | |
| Consultation Reply | Environmental Health (Commercial) | 15 June 2017 | |
| Consultation Reply | Environmental Protection | 16 September 2022 | |
| Consultation Reply | Ecology | 20 June 2017 | |
| Consultation Reply | Environmental Health (Commercial) | 21 June 2017 | |
| Consultation Reply | Environmental Health (Commercial) | 29 September 2017 |