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DISCO PA/2023/61

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/2023/61
Proposal Application to discharge conditions attached to planning permission PA/2022/88 (conditions 7, 10 & 13)
Relating to PA/2022/88
Details of conditions to discharge

The biodiversity management plan submitted has been reviewed by the council’s ecologist. The details provided are considered sufficient and acceptable.

Therefore, condition 10 is discharged.

Condition 10.
Within 3 months of the commencement of development, the applicant or their successor in title shall submit a biodiversity management plan to the local planning authority for approval in writing. The plan shall include:

a) details of bat roosting features to be installed;

b) details of nesting sites to be installed to support a variety of bird species;

c) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats;

d) prescriptions for the planting and aftercare of native trees, shrubs and hedgerows of high biodiversity value;

e) details to confirm that the measures proposed will provide a measurable net gain in in biodiversity value of least 10% in accordance with the Defra biodiversity metric 3.1;

f) proposed timings for the above works in relation to the installation of the glamping pods.

The preliminary assessment and phase 2 investigation reports have been reviewed by the environmental protection team and they are considered acceptable.

Therefore, based on the findings of the reports, parts 1, 2 and 3 of condition 13 are discharged, however part 4 shall remain extant.

Condition 13.
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.

Drainage scheme with drawing reference: EWE/3067/01 has been submitted, amended, and assessed twice by the LLFA Drainage team. The revised detail is still considered insufficient as it does not address the requirement of the conditions. 

Therefore, condition 7 cannot be discharged.

Condition 7.
No development shall take place until a detailed surface water drainage scheme and foul sewerage for the site has been submitted to and approved in writing by the local planning authority. The scheme shall be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.

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 which should be based on the current national guidance) will not exceed the run-off from the existing site. It shall also include details of how the resulting completed scheme is to be maintained and managed for the lifetime of the development so that flood risk, both on and off the site, is not increased. SuDS must be considered. Reference should be made to North Lincolnshire Council's SuDS and Flood Risk Guidance Document. Should infiltration not be feasible at the site, alternative sustainable drainage should be used, focusing on above-ground solutions.

Related Documents

Document Type Description Date  
Application Form Download 31 January 2023
Decision Notice Download 20 March 2024
Drawing EWE 3067 01 Drainage Layout (condition 7) 5 October 2023
Drawing EWE 3067 02 Drainage Details (condition 7) 5 October 2023
Drawing Drainage Layout Plan (condition 7) 28 November 2023
Drawing Surface water drainage (condition 7) 31 January 2023
Drawing Site plan 31 January 2023
Drawing PA-2010-0168 toilet block site plan (condition 7) 31 January 2023
Drawing PA-2010-0168 toilet block details (condition 7) 31 January 2023
Supporting Document Phase 2 Investigation (condition 13) 4 March 2024
Supporting Document Preliminary Investigation (Phase 1) (condition 13) 4 March 2024
Supporting Document Biodiversity Assessment and Management Plan (condition 10) 5 October 2023
Supporting Document PA-2010-0168 original permission inc toilet block (condition 7) 31 January 2023
Supporting Document Foul sewerage details (condition 7) 31 January 2023
Supporting Document Biodiversity Management Plan (condition 10) 31 January 2023
Supporting Document Contamination report (condition 13) 31 January 2023

Comments

Type Name Date  
Consultation Reply Environmental Protection 5 March 2024
Consultation Reply Environmental Protection 6 February 2023
Consultation Reply Drainage 22 November 2023
Consultation Reply Ecology 31 January 2023
Consultation Reply Lead Local Flood Authority 30 November 2023
Consultation Reply Lead Local Flood Authority 14 February 2023