Agenda item

1.     

The development of the site (other than the outline development) for which detailed

permission is hereby granted shall be begun before the expiration of 3 years from the date of this permission.

2.     

The application for the approval of the reserved matters for Unit 05 as identified on plan 15326-154 Rev 02 (hereinafter called "the outline development") must be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.

3.     

The outline development shall be begun before the expiry of 2 years from the date of

approval of the last of the reserved matters to be approved.

4.     

Except where otherwise stipulated by Condition, the development shall be carried out

strictly in accordance with the details outlined in the application form and the following

plans/specification:

• GIS-369B - Site Location Plan

• 15326-150 Rev 03 - Proposed Rushden Living 2019 Site Context Plan

• 15326-151 Rev C - Proposed Rushden Living 2019 Site Plan

• 15326-152 Rev 03 - Proposed Site Parameters Plan

• 15326-153 Rev 03 - Proposed Site Sections

• 15326-154 Rev 03 - Proposed Site Plan

• 15326-155 Rev 0 Proposed Pavilions - Unit 08 Floorplans, Elevations & Sections

• 15326-156 Rev 0 - Proposed Pavilions - Unit 09 Floorplans, Elevations & Sections

• 15326-157 Rev 0 - Proposed Pavilions - Unit 10 Floorplans, Elevations & Sections

• 15326-158 Rev 0 - Proposed Pavilions - Unit 11 Floorplans, Elevations & Sections

• 15326-159 Rev 0 Proposed Pavilions - Unit 12 Floorplans, Elevations & Sections

• 15326-160 Rev 0 Proposed Barn Houses - Unit 07 Floorplans, Elevations & Sections

• 15326-161 Rev 0 Proposed Barn Houses - Units 13 & 14 Floorplans, Elevations &

Sections

• 15326-162 Rev 0 Proposed West Terrace - Units 03 & 04 Floorplans, Elevations &

Sections

• 100 Rev 0 - MIN Building Ground Floor Plan

• 101 Rev 0 - MIN Building First Floor Plan

• 102 Rev 0 - MIN Building Roof Plan

• 200 Rev 0 - MIN Building Sections AA & BB

• 201 Rev 0 - MIN Building Section CC

• 202 Rev 0 - MIN Building Sections DD & EE

• 300 Rev 0 - MIN Building Elevations

• EX-124-GA-100 Rev 03 - Landscape General Arrangement Plan

• EX-124-PP-301 Rev 03 - Planting Plan Detail Area 01

• EX-124-PP-302 Rev 03 - Planting Plan Detail Area 02

• EX-124-PP-303 Rev 03 - Planting Plan Detail Area 03

• EX-124-PP-304 Rev 03 - Planting Plan Detail Area 04

• NWK 170115-EX-00(00)-P700 Rev C - Link Road Layout and Long Section

• NWK 170115-EX-00(00)-P722 Rev C - Gas Protection Slab - Sheet 1

• NWK 170115-EX-00(00)-P723 Rev C - Gas Protection Slab - Sheet 2

• NWK 170115-EX-52(00)-P562 Rev C - Proposed Levels Layout Sheet 1

• NWK 170115-EX-52(00)-P563 Rev C - Proposed Levels Layout Sheet 2

• P172-723 Access Rev 03– Proposed Lighting Layout

• VD18750 HE-VEC-HGN-RDBT-DR-CH-D100.1 Rev P01- A45 J16 E/b Exit Slip Road

(Roundabout Approach) General Arrangement

• VD17598-S278-100-GA Rev E- Ditchford Road Priority Junction General Arrangement

• Lighting Design strategy by DRH Simple Solutions as set out in Environmental Statement Volume 3 Appendix 14.2.

• Construction Environmental Management Plan: Environmental Statement Volume 3

Appendix 4.1, Campbell Reith, Project Number 12348, June 2019

• Flood Risk Assessment (FRA) Campbell Reith, 12348 Rev F1 (and its associated appendices), dated 13 June 2019 and

• Drainage Design Philosophy, dated June 2019, prepared by Built Environment Design Partnership”

5.     

Prior to the first occupation of any of the buildings hereby permitted, the new link road,

including all pedestrian and cycling facilities shall be fully constructed and made available for use in accordance with the approved drawings.

6.     

All reserved matters that are required to be submitted pursuant to condition 2 attached to this planning permission shall accord with Parameter Plan 15326-152 Rev 03 and Appendix A 'Design Code' of the Design and Access Statement prepared by The Harris Partnership and dated June 2019”.

7.     

Prior to installation, a schedule of materials and finishes for the external walls and roof(s) of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved schedule.

8.     

Prior to the operation of the new link road a hard and soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme for landscaping the site shall include:-

a) details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas;

b) details of any existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation;

c) details of the hard surface areas, including pavements, pedestrian areas, reduced dig areas, any crossing points, bollards, steps; and

d) details of boundary treatments, including elevations of any

walls/fences/railings/bollards.

All agreed boundary treatments located along the new link road shall be in situ before the road opens and all planting along the road shall take place no later than the first planting season following the opening of the road.

All remaining hard and soft landscaping elements approved under the landscaping

scheme shall be implemented in accordance with the approved details no later than the first planting season following occupation of the development. Within the first 5 years, following first planting, any species which die, become damaged, diseased or are removed shall be replaced in the current/next planting season with others of similar size and species unless written consent is obtained from the Local Planning Authority to any variation.

9.     

The floorspace hereby approved as part of this application shall not exceed the following

GIA:

·         Retail (A1) - 1,294 sq.m

·         Restaurant/Café (A3) - 464 sq.m

·         Offices (B1a) - 294 sq.m

·         Employment (B1c/B2) - 2,809 sq.m

·         Leisure and physiotherapy (D1/D2) - 635 sq.m

·         Ancillary/Servicing Areas - 110 sq.m

10. 

No more than 372 sq.m gross internal ground floor area across the approved units shown on approved plan 15326-151 Rev C shall be occupied by retailers whose operation is predominantly the sale of goods other than A1 food and drink.

11. 

No more than 372 sq.m gross internal ground floor area across the approved units shown on approved plan 15326-151 Rev C shall be occupied by retailers whose operation is predominantly the sale of goods other than A1 food and drink.

12. 

The use of unit 6A as shown on approved plan 15326-151 Rev C shall be for the display, promotion and sale of goods from food and drink producers/businesses based within the County of Northamptonshire.

13. 

The use of the permitted D1 and D2 floorspace shall only be for services related to

physiotherapy/strength and conditioning; a dental surgery; or a crèche and shall be limited to one such business.

14. 

None of the Retail (class A1) or Food and Beverage (class A3) units hereby permitted and as identified on Plan 15326-151 Rev C shall be amalgamated with other units or subdivided to form separate units.

15. 

None of the retail (class A1) floor space hereby approved shall be occupied by any retailer who at the date of such occupation, or within a period of 12 months immediately prior to such occupation, also occupies (or, during such 12 month period, also occupied) retail (class A1) floor space in the town centres of:

·         Wellingborough - as defined on plan 'Wellingborough Town Centre Inset Proposals Map - LDF Wellingborough Town Centre APP: July 2009'; and/or

·         Rushden town centre - as defined on the Policies Map accompanying the Made Rushden Neighbourhood Plan - June 2018; and/or

·         Irthlingborough - defined as the 'Defined Shopping Area' within the adopted 1996 East

·         Northamptonshire District Local Plan; and/or

·         Higham Ferrers - defined as the 'Town Centre Commercial Area' on Figure 8 -

Proposals Map of the Higham Ferrers Neighbourhood Plan, made by East

Northamptonshire Council on 11 April 2016; and/or

·         Raunds - as defined on Figure 6 - Raunds Defined Shopping Areas from the Raunds Neighbourhood Plan 2011-2031; and/or

·         Thrapston - as defined on Inset 2A - Thrapston Town Centre from the Rural North, Oundle and Thrapston Plan (RNOTP) 2011; and/or

·                Kettering - as defined on the Kettering Town Centre Area Action Plan (KTCAAP) Proposals Map (July 2011) unless a scheme has been submitted to and approved in writing by the local planning authority that:

(a) commits the retailer to retaining their presence as a retailer within that town centre in the retailer's existing premises or any alternative premises with an equivalent floor area (give or take 10% GIA), for a period of 5 years following the date of their occupation of the retail floor space within the development ("the Minimum Period") or until such time as they cease to occupy retail floor space within the development, whichever is sooner; and

(b) includes a planning obligation:

(i) prohibiting use of the retail floor space within the development hereby approved by such retailer during such Minimum Period unless their presence as a retailer within that town centre is maintained in the retailer's existing premises or any alternative premises with an equivalent floor area (give or take 10% GIA); and

(ii) providing that where the term of a lease for occupation of an existing retail premises within that town centre shall (at the date of first occupation by such retailer of the retail floorspace within the development hereby approved) be due to expire before the end of the Minimum Period and the local planning authority has confirmed in writing that it has received sufficient evidence of such due date for expiry, such prohibition on the use of the retail floor space within the development hereby approved by such retailer shall have effect only during any part of the Minimum Period coinciding with the unexpired term of such lease (disregarding any early termination) for occupation of an existing retail premises.

Occupation of the retail floor space hereby approved shall only take place in accordance with the approved scheme (including any amendments to it approved in writing by the local planning authority).

16. 

None of the Leisure (class D2) floorspace hereby approved shall be occupied by any

physiotherapy / strength and conditioning operator who at the date of such occupation, or within a period of 12 months immediately prior to such occupation, also occupies or occupied, during such 12 month period Leisure (class D2) floor space in:

·                Rushden town centre as defined on the Policies Map accompanying the Rushden Neighbourhood Plan (Made June 2018); and/or

·         Wellingborough town centre - as defined on plan 'Wellingborough Town Centre Inset Proposals Map - LDF Wellingborough Town Centre APP: July 2009';

unless a scheme has been submitted to and approved in writing by the local planning

authority that:

(a) commits the operator to retaining their presence as a physiotherapy / strength and

conditioning operator within that town centre in the operator's existing premises or any

alternative premises with an equivalent floor area (give or take 10% GIA), for a period of 5 years following the date of their occupation of the leisure floor space within the development ("the Minimum Period") or until such time as they cease to occupy leisure floor space within the development, whichever is sooner; and

(b) includes a planning obligation:

(i) prohibiting use of the leisure floor space within the development hereby approved by such physiotherapy/strength and conditioning operator during such Minimum Period unless their presence as an operator within that town centre is maintained in the operator's existing premises or any alternative premises with an equivalent floor area (give or take 10% GIA); and

(ii) providing that where the term of a lease for occupation of an existing physiotherapy

/ strength and conditioning leisure premises within that town centre shall (at the date

of first occupation by such operator of the Leisure floorspace within the development

hereby approved) be due to expire before the end of the Minimum Period and the

local planning authority has confirmed in writing that it has received sufficient

evidence of such due date for expiry, such prohibition on the use of the Leisure floor

space within the development hereby approved by such operator shall have effect

only during any part of the Minimum Period coinciding with the unexpired term of

such lease (disregarding any early termination) for occupation of an existing

fitness/gym premises.

Occupation of the leisure floor space hereby approved shall only take place in accordance with the approved scheme (including any amendments to it approved in writing by the local planning authority).

17. 

The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) Campbell Reith, 12348 Rev F1 (and its associated appendices), dated 13 June 2019 and the Drainage Design Philosophy, dated June 2019, prepared by Built Environment Design Partnership, unless details have been superseded by the ‘Flood Risk Statement for Section 73 Application’ dated August 2022 prepared by Waterman, where the development shall be carried out in accordance with this document.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

18. 

No infiltration of surface water drainage into the ground is permitted other than with the

express written consent of the Local Planning Authority, which may be given for those

parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

19. 

Details of mechanical and electrical plant to be installed at the development shall be

submitted in writing and approved by the Local Authority prior to the relevant part of the development being occupied. The rating level of noise emitted from mechanical and electrical plant to be installed on the development (determined using the guidance of BS 4142:2014, rating for industrial noise affecting mixed residential and industrial areas) shall be at least 5dB below the existing measured background level LA90,T at the nearest noise sensitive receptor during the day and night time period. The mechanical and electrical plant shall be maintained to achieve these levels in perpetuity and any replacement mechanical and electrical plant shall adhere to these restrictions.

For the purpose of the assessment the authority will accept 07:00 - 23:00 for the day time and 23:00 - 07:00 hours as covering the night time period. For the purpose of the assessment a surrogate compliance point can be agreed with the Local Planning Authority, that by calculation or modelling would result in achieving the required sound levels at the nearest noise sensitive receptor.

20. 

No construction work (including deliveries to or from the site) shall take place on the site outside the hours of 0800 and 1800 Mondays to Fridays and 0800 and 1300 on Saturdays, and at no times on Sundays or Bank Holidays unless otherwise agreed in writing with the local planning authority.

21. 

No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. The written scheme will include the following components, completion of each of which will trigger the phased discharging of the condition:

(i) Approval of a Written Scheme of Investigation;

(ii) Fieldwork in accordance with the agreed Written Scheme of Investigation;

(iii) Completion of a Post-Excavation Assessment report and approval of an approved

Updated Project Design: to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance and in writing with the Planning Authority;

(iv) Completion of analysis, preparation of site archive ready for deposition at a store

approved by the Planning Authority, production of an archive report, and submission of a publication report: to be completed within two years of the completion of fieldwork, unless otherwise agreed in advance and in writing with the Planning Authority.

22. 

No development shall commence unless and until a risk assessment in relation to the

landfill gas risk has been carried out and the consultant's report and recommendations

have been submitted to and approved in writing by the Local Planning Authority. Written approval from the Local Planning Authority will be required for any necessary programmed remedial measures.

Prior to occupation of the development a completion report providing evidence that the

previously identified risks have been adequately mitigated should be submitted to and

approved by the LPA.

23. 

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 a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.

24. 

Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water from parking areas and vehicle manoeuvring areas shall be passed through an oil separator designed and constructed to have a capacity and details compatible with the site being drained or other approved pollution prevention device, e.g. porous paving. Roof water shall not pass through the interceptor(s).

25. 

No development (excluding site clearance and earthworks) shall take place until full

details of the surface water drainage scheme for the site, based on the approved Flood Risk Assessment ref 12348 version F1 prepared by Campbell Reith Consulting Engineers dated 13th June 2019, unless details have been superseded by the ‘Flood Risk Statement for Section 73 Application’ dated August 2022 prepared by Waterman, where this will be the relevant base document, have been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include details (i.e. designs, diameters, invert and cover levels, gradients, dimensions and so on) of all elements of the proposed drainage system, to include pipes, inspection chambers, outfalls/inlets and attenuation structures. Details of the drainage system are to be accompanied by full and appropriately cross-referenced supporting calculations.

26. 

No development shall take place until a detailed scheme for the maintenance and upkeep of every element of the surface water drainage system proposed on the site has been submitted to and approved in writing by the Local Planning Authority and the maintenance plan shall be carried out in full thereafter. This scheme shall include details of any drainage elements that will require replacement within the lifetime of the proposed

development.

Reason:In order to ensure that the drainage systems associated with the development

will be maintained appropriately and in perpetuity, to reduce the risk of flooding due to

failure of the drainage system.

27. 

Prior to the first occupation of the development a Verification Report for the installed

surface water drainage system (based on the approved Flood risk assessment ref 12348 version F1 prepared by Campbell Reith Consulting Engineers dated 13th June 2019) shall be submitted to and approved in writing by the Local Planning Authority. The report shall include:

a) details of any departure from the agreed design and confirmation that the proposed

departure is in-keeping with the approved principles;

b) Any As-Built Drawings and accompanying photos;

c) Results of any Performance Testing undertaken as a part of the application process (if required / necessary); and

d) Copies of any Statutory Approvals, including Land Drainage Consent for Discharges.

28. 

Prior to the first occupation of the development a crime impact strategy shall be submitted to and approved in writing by the Local Planning Authority in consultation with the local crime prevention officer. The Crime Impact Strategy shall include details of management practices to deter crime and explain how the development will be compatible with the existing measures and procedures deployed at Rushden Lakes. The development shall be operated in accordance with the approved crime impact strategy which must be maintained in good working order in perpetuity.

29. 

Details of the CCTV system to be installed on the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the first occupation of the development.

30. 

Details of the boundary treatments to the service yards shall be submitted to and

approved in writing by the Local Planning Authority. The approved details shall be

implemented prior to the first occupation of the development.

31. 

The new link road shall not be opened to vehicular traffic until full details of:

·         Signage (on and off-site, including strategic signage further away from the site);

·         Bus stop facilities;

·         Measures to prevent HGV parking and unauthorised encampments along the link road;

·         CCTV; and

·         HGV delivery management and routing (during and post construction);

have been agreed in writing by the Local Planning Authority. The road may only open to vehicular traffic once these details have been agreed and, where relevant, fully

implemented.

32. 

The new link road shall not be opened to any traffic until the agreed highway

improvements and lighting scheme listed in Condition 4 have been fully implemented.

Reason: In the interests of crime prevention, highway safety and convenience.

33. 

Highway mitigation measures at A45 Ditchford Interchange as per Vectos Drawing

VD18750 HE-VEC-HGN-RDBT-DR-CH-D100.1 Rev P01 (or as amended by Road Safety Audit and/or detailed Design) must be delivered and open to traffic prior to the opening of the proposed Ditchford Lane Link Road, unless otherwise agreed in writing with the Local Planning Authority in consultation with Highways England.

34. 

Prior to the construction of the proposed development and improvement scheme at

Ditchford Interchange a Construction Environmental Management Plan (CEMP)

incorporating a Construction Traffic Management Plan (CTMP) for the construction phase shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority, Highways England and Ward Councillors. The CEMP shall include the provision of a temporary haul road and the approved strategy shall be adhered to throughout the construction period.

35. 

All units hereby approved shall achieve a Very Good rating under BREEAM UK New

Construction 2014 (or such equivalent standard that replaces this) for the Shell stage.

a) Unless otherwise agreed in writing, prior to commencement of works to the relevant

building, a BREEAM UK New Construction 2014 (or such equivalent standard that

replaces this) Shell pre assessment report should be submitted, by the developer, and

approved in writing by the Local Planning Authority to demonstrate how the units will

achieve a Very Good rating.

b) Within 6 months of commencement of works, a BREEAM UK New Construction 2014 (or such equivalent standard that replaces this) Shell Interim (Design Stage) Certificate, issued by the Building Research Establishment (BRE), must be submitted with respect to each BREEAM assessment as detailed above, by the developer to the Local Planning Authority to show that a minimum Very Good rating will be achieved.

c) No more than three months following trading, unless otherwise agreed in writing with the Local Planning Authority, a BREEAM UK New Construction 2014 (or such equivalent standard that replaces this) Shell Final (Post Construction) Certificate, issued by the BRE, must be submitted, by the developer to the Local Planning Authority to demonstrate that a Very Good rating has been achieved by the retail units on site.

d) All the measures integrated and provisions detailed within the Sustainability

Requirements to be addressed by the Tenant shall be retained for as long as the

development is in existence..

36. 

No development shall take place until a scheme and timetable detailing the provision of fire hydrants and their associated infrastructure has been submitted to and approved in writing by the Local Planning Authority. The fire hydrants and associated infrastructure shall thereafter be provided in accordance with the approved scheme and timetable.

37. 

Prior to the commencement of development, a Badger Survey shall be submitted to and approved in writing by the Local Planning Authority. The Badger Survey shall assess the potential for badger activity within the site and identify any required mitigation measures. The mitigation measures shall be implemented in accordance with the approved details.

38. 

Prior to the commencement of development a Bat Survey shall be submitted to and

approved in writing by the Local Planning Authority. The Bat Survey shall assess the

potential bat roosting within the disused railway tunnel and identify any required mitigation measures. The mitigation measures shall be implemented in accordance with the approved details.

39. 

Prior to the opening of any of the new units to the public, a parking management strategy shall be submitted to and approved in writing by the Local Planning Authority. This strategy shall include, but not be limited to:

·         The minimum number of parking spaces by type;

·         Details of any restrictions on duration of stay; and

·         Any specific zones (for example staff only parking, public only parking and delivery areas)

Notwithstanding the provisions of The Town and Country Planning (General Permitted

Development) (England) Order 2015 (as amended), any revisions to the agreed strategy, and/or any loss of parking spaces shall be agreed in writing by the Local Planning Authority in consultation with Ward Councillor(s) before the changes come into effect.