1.

A02 – Time limit for submission of reserved matters

2.

A03 – Time limit for commencement

3.

A04 – Approval of reserved matters

4.

A05 – Plans and particulars of reserved matters

5.

F06 – Restriction on use

6.

The development hereby approved shall be limited to the following combined gross external floor areas for  Class B uses as defined by the Town & Country Planning (use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification:

•           B1 – 16,500 square metres gross floor area

•           B2 – 8,900 square metres gross floor area

•           B8 – 4,000 square metres gross floor area

Reason: In order that the local planning authority can consider the implications on highway safety and the network capacity of any intensification in use and to comply with Policy T8 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

7.

G10 – Landscaping scheme

8.

G11 – Landscaping scheme - implementation

9.

G14 – Landscape management plan

10.

H03 – Visibility splays

11.

H17 – Junction improvements/off site works

12.

H31- Outline travel plan

13.

I33 – External lighting

14.

The recommendations set out in Section 5.2 of the ARUP ecologist’s report dated December 2013 should be followed unless otherwise agreed in writing by the local planning authority.  Prior to commencement of the development, a habitat protection and enhancement scheme should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.

An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

Reason:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 and Policies NC1, NC6 and NC7 of Herefordshire Unitary Development Plan.  To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006

15.

No occupation of each phase of 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. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Reason: To ensure the protection of controlled waters and to comply with Policy DR7 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

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 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.

Reason: To ensure the protection of controlled waters and to comply with Policy DR7 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

17.

No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

a)    a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice.

b)    if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors.

c)    if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

Reason: To ensure that potential contamination is removed or contained to the satisfaction of the local planning authority and to comply with Policy DR10 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

18.

The Remediation Scheme, as approved pursuant to condition no. (1) above, shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

Reason: To ensure that potential contamination is removed or contained to the satisfaction of the local planning authority and to comply with Policy DR10 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

19.

L01 Foul/surface water drainage

20.

L02 No surface water to connect to public system

21.

L03 No drainage run-off to public system

22.

Prior to the commencement of the development hereby approved a detailed survey of the existing culvert under the former railway embankment shall be completed.  The survey should establish whether the culvert is blocked or damaged and that it has sufficient capacity to accommodate the outflows from the proposed attenuation ponds. 

Prior to the commencement of any development, the findings of the report shall be submitted to and approved in writing by the local planning authority.  If the report concludes that that the culvert has insufficient capacity the report should also recommend a range of measures to be implemented to ensure that sufficient capacity is available.  The development shall be carried out in accordance with the approved details.

Reason: To ensure that effective surface water drainage facilities are provided for the proposed development and to protect nearby dwellings from an increased risk of flooding in compliance with Policy DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

1.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2.

N11A Wildlife and Countryside Act 1981 (as amended) - Birds

3.

N11C General

4.

HN04 Private apparatus within highway

5.

HN28 Highway Design Guide and Specification

6.

HN05 Works within the highway