Standard Conditions

1.

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.

The development shall be carried out strictly in accordance with the following list of approved plans, except where otherwise stipulated by conditions attached to this permission and schedule of materials listed thereon:

·       17517 - DB3 - B01 - 00 - DR - A – 90003 Revision P12 (Proposed Site Plan);

·       17517 - DB3 - B01 - ZZ - DR - A – 20702 Revision P07 (Proposed Building Elevations);

·       17517 - DB3 - S01 - 00 - DR - A – 90005 Revision P05 (Proposed Ecology Plan);

·       17517 - DB3 - B01 - 00 - DR - A – 20103 Revision P04 (Proposed 00 Level Plan);

·       17517 - DB3 - B01 - RF - DR - A – 20104 Revision P04 (Proposed Roof Level Plan);

·       17517 - DB3 - B01 - 00 - DR - E - 63002 Revision P03 (External Lighting Layout);

·       17517-DB3-B01-XX-DR-A-40100 Revision P02 (Proposed External Finishes Palette);

·       17517-DB3-B01-00-DR-A-20106 Revision P01 (Proposed Car Park Plan);

·       50804-BUR-XX-XX-D-C-10101 Revision P3 (Proposed Car Park General Arrangement);

·       50804-BUR-XX-XX-D-C-10503 Revision P1 (Proposed Foul Water Drainage General Arrangement); and

·       50804-BUR-XX-XX-D-C-10502 Revision P1 (Proposed Surface Water Drainage General Arrangement)

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Pre-Commencement Conditions

3.

No works, including any site clearance or groundworks shall take place until the following has been submitted to and approved in writing by the local planning authority:

a) a Preliminary Risk Assessment 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 shall be submitted in writing.  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: In the interests of human health and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4.

No works, including any site clearance or groundworks, shall take place until details of a site waste prevention plan and management measures has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: The treatment/handling of any site waste is a necessary initial requirement before any groundworks are undertaken in the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy, Policy SP1 of the Herefordshire Minerals and Waste Local Plan and the National Planning Policy Framework.

5.

The tree protection plan and recommendations, as set out in the Arboricultural Impact Assessment & Method Statement dated February 2025 by Mackley Davies Associated Ltd, shall be implemented on-site and maintained throughout the duration of the construction phase until the development is completed.

Reason: To ensure that that the development does not have an adverse effect on the character and appearance of the area, ensuring arbiocultural features are protected and conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy in relation to landscape character, visual amenity and green infrastructure and the National Planning Policy Framework.

6.

The development shall be carried out in accordance with the Outline Construction Traffic Management Plan by Burroughs dated 4 March 2025, as amended by further information received from Burroughs on 28 April 2025 and 27 May 2025, and shall be implemented throughout the duration of the construction phase of the development.

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Pre-Occupation Conditions

7.

The Remediation Scheme, as approved pursuant to condition 3 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 and agreed in writing 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: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

8.

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, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

9.

The recommendations set out in the Preliminary Ecological Appraisal & Biodiversity Net Gain Report written by Aware Ecology dated April 2025, shall be followed and implemented in relation to protected species.

Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

10.

Prior to first use of any development approved under this planning permission, evidence of the suitably placed installation on the approved classroom extension, or on other land under the applicant’s control, of a minimum of TWO bird nesting features of mixed types, ONE House Martin/Swallow cups, ONE House Sparrow terrace and TWO bat roost features as well as hedgehog highways and boxes, shall be submitted to and acknowledged by the local authority; and shall be maintained thereafter.

Reason: To ensure Biodiversity Net Gain as well as species and habitats enhancement having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

11.

Prior to the first use of the classroom extension hereby approved, an updated Travel Plan which contains measures to promote alternative sustainable means of transport for staff and visitors with respect to the approved development hereby permitted shall be submitted to and be approved in writing by the Local Planning Authority.

The Travel Plan shall be implemented, in accordance with the approved details, within one month of the first use of the classroom extension.

A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the local planning authority upon reasonable request.

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

12.

Prior to the first use of the car park or classroom extension, full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of the application site shall be submitted to the Local Planning Authority for their written approval.

The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development to which this permission relates to. Thereafter these facilities shall be maintained for the lifetime of the development.

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

13.

The classroom extension shall not be occupied until the foul and surface water drainage works have been completed in accordance with drawing numbers 50804-BUR-XX-XX-D-C-10503 Revision P1 (Proposed Foul Water Drainage General Arrangement) and 50804-BUR-XX-XX-D-C-10502 Revision P1 (Proposed Surface Water Drainage General Arrangement).

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

14.

Details, including specification, of any additional external lighting proposed to illuminate the proposed classroom extension and/or car park, other than otherwise shown within drawing number 17517 - DB3 - B01 - 00 - DR - E - 63002 Revision P03 (External Lighting Layout) shall be submitted to and approved in writing by the local planning authority before first use of the classroom extension.

Development shall be carried out in accordance with the approved details.

Reason: To safeguard local amenities and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

15.

The temporary construction access onto Hampton Dene Road shall be re-instated to an agreed standard within 12 months of first use of the car park extension or classroom extension, whichever is sooner.

Further details, including an annotated proposed site plan, of the agreed standard shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development, in consultation with the Local Highway Authority.

The agreed standard shall thereafter be reinstated as per the timescales stated above.

Reason: In the interests of highway and pedestrian safety and to comply with Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

On-going monitoring/compliance Conditions

16.

Surface water flows from the development shall only communicate with the public surface water sewer through an attenuation device that discharges at a rate not exceeding 2.5 litres per second.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment, in accordance with Policies SS1, SS6, LD2, SD3 and SD4 of the Herefordshire Local Plan – Core Strategy 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. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2.

The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended) and the Habitats and Species Regulations (2019 as amended), with enhanced protection for special “high status protected species” such as all Bat species, Great Crested Newts, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.

3.

It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

4.

The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and 'Highways Specification for New Developments'.

5.

The applicant may need to apply to Dwr Cymru Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. In accordance with the National Planning Policy Framework, the applicant is advised to take a sustainable approach in considering water supply in new development proposals, including utilising approaches that improve water efficiency and reduce water consumption. We would recommend that the applicant liaises with the relevant Local Authority Building Control department to discuss their water efficiency requirements.

6.

Assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework. All investigations of potentially contaminated sites are required to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission. Where ground gas or vapour protection measures are required, they shall be validated in accordance with current best practice guidance.