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DISCO PA/2019/1400
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/2019/1400
Proposal
Application to discharge conditions attached to planning permission PA/2017/1234
Relating to
PA/2017/1234
Details of conditions to discharge
The information is sufficient in order for the development to commence. A responses from Environmental Protection dated 22nd June states:
• Condition 17 cannot be discharged in full as the remediation and verification strategy need to be amended to take account of the Yorkshire and Lincolnshire Pollution Advisory Group (YALPAG) Cover System document which can be found on the councils web site. https://www.northlincs.gov.uk/planning-and-environment/environmental-health/contaminated-land/#1533637825735-4f96ebe3-e3f0 This document makes specific reference to sampling rates for greenfield soils, brownfield soils and manufactured soils which has not been followed.
 Condition 17.
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.
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:
(i) a survey of the extent, scale and nature of contamination;
(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;
(iii) an appraisal of remedial options, and a proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11 '.
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.
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.
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.
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.
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.
• Condition 17 cannot be discharged in full as the remediation and verification strategy need to be amended to take account of the Yorkshire and Lincolnshire Pollution Advisory Group (YALPAG) Cover System document which can be found on the councils web site. https://www.northlincs.gov.uk/planning-and-environment/environmental-health/contaminated-land/#1533637825735-4f96ebe3-e3f0 This document makes specific reference to sampling rates for greenfield soils, brownfield soils and manufactured soils which has not been followed.
• The remedial strategy also seems to indicate the installation of a gas membrane below the floor slab it is unclear whether or not this is a damp proof membrane, a radon barrier or protection from bulk gases. If the latter it is unclear how the installation will be verified and why it is needed taking into account the gas risk assessment.
This department is however satisfied that sufficient assessment has taken place and the site can now proceed with the proposed cut and fill exercise and remedial and verification works subject to addressing and agreeing amendments which take account of the two bullet points above
 Condition 17.
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.
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:
(i) a survey of the extent, scale and nature of contamination;
(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;
(iii) an appraisal of remedial options, and a proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11 '.
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.
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.
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.
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.
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 information submitted to discharge condition 24 is sufficient. The councils Environmental Protection Officer has reviewed the information and considers it acceptable. Condition 24 is therefore discharged.
Condition
24.
No development shall take place until a noise mitigation scheme has been submitted to and approved in writing by the local planning authority. As a minimum this noise mitigation scheme shall include details of:
- noise mitigation measures;
- predicted noise levels to be achieved at sensitive locations as a result of the noise mitigation scheme;
- how the noise mitigation scheme will be maintained for the lifetime of the development.
The noise mitigation scheme shall be implemented before occupation of the development and shall be retained thereafter.
No development shall take place until a noise mitigation scheme has been submitted to and approved in writing by the local planning authority. As a minimum this noise mitigation scheme shall include details of:
- noise mitigation measures;
- predicted noise levels to be achieved at sensitive locations as a result of the noise mitigation scheme;
- how the noise mitigation scheme will be maintained for the lifetime of the development.
The noise mitigation scheme shall be implemented before occupation of the development and shall be retained thereafter.
The information submitted to discharge condition 20 is considered acceptable. The council HER team have reviewed the information and consider it sufficient to discharge the said condition. Condition 20 is therefore discharged.
Condition
20.
No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of an archaeological and geo-archaeological mitigation strategy, to be defined in a written scheme of investigation that has been submitted to, and approved in writing, by the local planning authority. The strategy shall provide for:
(i) measures to map and assess the extent of buried timbers of potential archaeological significance;
(ii) measures to ensure the preservation by record of the geo-archaeological sequences, including scientific dating and palaeo-environmental analysis;
(iii) updated assessment of the impact of the proposed development on the archaeological remains and further mitigation requirements as appropriate;
(iv) measures to ensure the preservation by record, of archaeological features of identified importance;
(v) methodologies for the recording and recovery of archaeological remains including artefacts and ecofacts;
(vi) post-fieldwork methodologies for assessment and analyses;
(vii) report content and arrangements for dissemination, and publication proposals;
(viii) archive preparation and deposition with recognised repositories including the ADS;
(ix) a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work and assessment is undertaken and completed in accordance with the strategy;
(x) 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;
(xi ) a list of all staff involved in the implementation of the strategy, including subcontractors and specialists, their responsibilities and qualifications.
No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of an archaeological and geo-archaeological mitigation strategy, to be defined in a written scheme of investigation that has been submitted to, and approved in writing, by the local planning authority. The strategy shall provide for:
(i) measures to map and assess the extent of buried timbers of potential archaeological significance;
(ii) measures to ensure the preservation by record of the geo-archaeological sequences, including scientific dating and palaeo-environmental analysis;
(iii) updated assessment of the impact of the proposed development on the archaeological remains and further mitigation requirements as appropriate;
(iv) measures to ensure the preservation by record, of archaeological features of identified importance;
(v) methodologies for the recording and recovery of archaeological remains including artefacts and ecofacts;
(vi) post-fieldwork methodologies for assessment and analyses;
(vii) report content and arrangements for dissemination, and publication proposals;
(viii) archive preparation and deposition with recognised repositories including the ADS;
(ix) a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work and assessment is undertaken and completed in accordance with the strategy;
(x) 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;
(xi ) a list of all staff involved in the implementation of the strategy, including subcontractors and specialists, their responsibilities and qualifications.
Related Documents
| Document Type | Description | Date | |
|---|---|---|---|
| Amended Documents | Noise Impact Assessment v3 | 5 February 2020 | |
| Application Form | Download | 9 September 2019 | |
| Decision Notice | Conditions 17 (in part) 20 & 24 | 6 May 2021 | |
| General Documents | Download | 5 February 2020 | |
| Supporting Document | Technical Note Gas Risk Assessment Following Completion of Gas Monitoring Rounds | 4 May 2020 | |
| Supporting Document | Archaeological Mitigation Strategy - Updated | 4 October 2019 | |
| Supporting Document | Noise Impact Assessment | 9 September 2019 | |
| Supporting Document | Phase 2 Ground Investigation Report | 9 September 2019 | |
| Supporting Document | Archaeological Mitigation Strategy | 9 September 2019 | |
| Supporting Document | Technical Note Asbestos Summary | 13 May 2020 | |
| Supporting Document | Remediation Strategy and Verification Plan | 29 June 2020 |
Comments
| Type | Name | Date | |
|---|---|---|---|
| Consultation Reply | Environmental Protection | 4 February 2020 | |
| Consultation Reply | Archaeology | 4 October 2019 | |
| Consultation Reply | Environmental Health (Commercial) | 5 August 2020 | |
| Consultation Reply | Environment Agency | 5 June 2020 | |
| Consultation Reply | Environmental Protection | 8 October 2019 | |
| Consultation Reply | Environmental Health (Commercial) | 26 June 2020 | |
| Consultation Reply | Environment Agency | 30 April 2020 |