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Please note: the following are the 53 original planning conditions set when Application BH2006/00900 was approved in June 2006.
To access them on Brighton and Hove City Council's Planning Register:
Many of the conditions have been discharged, though some were revised in 2013. Click here for details of conditions protecting the amenity of local residents which have now been dropped.
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Application No: BH2006/00900
Veolia E S South Downs Ltd
Freeman House
Ellen Street
Portslade
BN41 1DW
BRIGHTON AND HOVE CITY COUNCIL
Town and Country Planning Act 1990
PERMISSION TO DEVELOP LAND
Situation: Former Abattoir and Depot Site Hollingdean Lane Brighton
Description: Construction and operation of a Materials Recovery Facility, Waste Transfer Station and Visitor Centre/Office building and ancillary infrastructure including gatehouse building and weighbridge, parking and highway revisions including creation of new access off Upper Hollingdean Road.
In accordance with the application and plans (as modified by any undermentioned conditions) submitted to the Council on 20 March 2006 and SUBJECT to compliance with any condition(s) specified hereunder:
1 The deveiopment hereby permitted shall be commericed before the sxpiranon of three years from the date of this permission.
Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.
2 The materials recovery facility and waste transfer station hereby permitted shall not exceed a combined recyclable materials and waste throughput capacity of more than 160,000 tonnes per annum and annual monitoring evidence shall be submitted to demonstrate this, and to demonstrate that the associated vehicular trips do not exceed the total stated in the submitted Transport Assessment.
Reason: The Environmental Statement submitted with the application is based on this throughput and the Local Planning Authority would wish to maintain control over future operation of the site in the interests of amenity and traffic management, to comply with policies QD27 and TR1 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan and Tl and E7 of RPG9.
3 The Waste Transfer Station hereby approved shall not be first brought into use until the weighbridges, gatehouse, security fencing, new access road and on and off-site highway improvements proposed as part of the application and car park (or temporary car park, details of which should be submitted to and agreed in writing by the Local Planning Authority), have been completed and the Materials Recovery Facility building shall not be first brought into use until the visitor centre/office building and permanent car park have been completed ready for use.
Reason: To ensure the development is supported by the necessary infrastructure and in the interests of highway safety and security and to ensure the visitor centre is delivered as part of the development, to comply with policies TR1, TR7, HOI 9, QD27 and QD7 of the Brighton and Hove Local Plan and adopted SPGBH17: Hollingdean Depot/Abbatoir and WLP1, WLP35 and WLP36 of the East Sussex and Brighton and Hove Waste Local Plan and SI, TR3 and TR16 of the East Sussex and Brighton & Hove Structure Plan and Tl of RPG9.
4 Upon first arrival at the waste transfer station building, residual waste stored within the building shall not be stored for a period of longer than 72 hours unless otherwise first agreed in writing by the Local Planning Authority.
Reason: In the interests of amenity, to comply with policies QD27 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and E7 of RPG9.
5 Recyclable materials shall only be received, and processed materials shall only be removed, from the Materials Recovery Facility building between the hours of 07.00 to 19.00 Monday to Friday, 07.30 and 16.00 on Saturdays following a Bank Holiday and not at anytime on Sundays or Bank Holidays unless first agreed in writing by the Local Planning Authority. Internal start-up and shut-down operations within the Materials Recovery Facility building shall not extend beyond 30 minutes either side of these hours.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP! and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and S1 and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
6 With the exception of vehicles and activities associated with the Handling of street cleansing waste and communal bins, waste materials shall only be received, handled and removed from the Waste Transfer Station between the hours of 06.30 to 18.30 Monday to Friday, 07.30 and 16.00 on Saturdays following a Bank Holiday and not at anytime on Sundays or Bank Holidays unless first agreed in writing by the Local Planning Authority.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
7 Waste materials associated with communal bins shall only be received and handled by the Waste Transfer Station between the hours of 06.00 - 22.00 hours Monday to Saturdays and not at any time on Sundays or Bank Holidays and a maximum of 24 loads only shall be deposited per day except where these times/number of loads are otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
8 Waste materials and activities associated with the handling of street cleansing waste shall be restricted to a maximum of 15 vehicular loads between the hours of 18.30-06.30 except where such operations are required in connection with major events and festivals, as agreed in writing by the Local Planning Authority.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan and T1 and E7 of RPG9.
9 The Materials Recovery Facility and Waste Transfer Station buildings hereby permitted shall not be first brought into use until a design specification has been submitted to the Local Planning Authority and agreed in writing, which details the acoustic properties of the respective buildings and sound insulation work proposed, including acoustic louvres and doors. The use of the respective buildings shall not commence until all specified work has been carried out to the satisfaction of the Local Planning Authority. The design specification shall be in accordance with the principles specified in chapter 9 of the Environment Statement and Proposed Materials Recovery Facility & Waste Transfer Station produced by Terence O'Rourke on behalf of Onyx (Veolia) Report No. 1578.12m dated March 2006. Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
10 Noise associated with fixed plant and machinery incorporated within the development shall be controlled such that the Rating Level, measured or calculated at lm from the facade of the nearest existing noise sensitive premises as identified in the Environmental Statement, shall not exceed a level 5 dB(A') below the existing LA90 background noise level. Rating Level and existing bacKground noise levels to be determined as per the guidance provided in BS 4142:1997.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
11 The sum level of noise emitted by the operation of the materials recovery facility and waste transfer station measured at the receptors as identified in the Environmental Statement shall be in accordance with predicted levels shown in the results of the noise assessment in the Environmental Statement, chapter 9, fig 9.6 (ref. Environmental Statement Proposed Materials Recovery Facility & Waste Transfer Station produced by Terence O'Rourke on behalf of Onyx (Veolia) Report No. 1578.12m dated March 2006). An acoustic report shall be provided demonstrating compliance with this condition within 3 months from the first operation of the completed waste transfer station and materials recovery facility, or within a time period agreed by the Local Planning Authority. The parameters and scope of this acoustic report shall be agreed with the Local Planning Authority. If the report shows non-compliance with the predicted levels in the Environmental Statement then details of further mitigation measures shall be submitted.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
12 No vehicles or machinery required for the operation of facilities in control of the operator of development shall be used on site unless fitted with silencers maintained in accordance with the manufacturers' recommendations and specification.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
13 All vehicles or machinery associated with the waste facility use of the site under the control of the operator of the development, shall be fitted with a non-audible safety device or a "smart" form of reversing alarm, which produces a sound only audible to personnel in the immediate vicinity of the vehicle to which it is fitted. The waste transfer station or materials recovery facility shall not be first brought into use until a design specification for the safety reversing device has been agreed with the Local Planning Authority and implemented.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
14 The waste transfer station and materials recovery facility shall not be first brought into use until a scheme for the suppression of dust and odour from the operations has been submitted to and approved in writing by the Local Planning Authority. Once approved such a scheme shall be implemented and complied with at all times for the duration of the use hereby permitted. The design specification shall be in accordance with the principles specified in the Environmental Statement, chapters 4 and 11 ref. Environmental Statement Proposed Materials Recovery Facility & Waste Transfer Station produced by Terence O'Rourke on behalf of Onyx (Veoiia) Report No. i578.12m dated March 2006.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU9 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and E7 of RPG9.
15 No development shall commence until a design specification has been submitted to the Local Planning Authority and approved in writing, detailing the acoustic properties of a (temporary or permanent) fencing screen that will run along the site boundary where it is closest to No. 1 & 2 Hollingdean Lane. The agreed fence shall be implemented before construction works commence and, if agreed to be temporary in nature during construction, shall be replaced with a permanent fence before the development hereby permitted is first brought into use. Details of a close boarded fence to run along eastern boundary of the Downs Infant School playground adjacent to the existing dipping pond shall be submitted to and approved in writing by the Local Planning Authority and shall be installed before the waste transfer station and materials recovery facility buildings are first brought into use.
Reason: To protect the amenity of the occupiers of no. 1 and 2 Hollingdean Lane and users of the playground at Downs Infant School, to comply with policies QD27 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan.
16 All vehicle access doors to the Waste Transfer Station and Materials Recovery Facility shall remain closed except to enable the ingress and egress of vehicles.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27, SU9 and SU10 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN 15 of the East Sussex and Brighton & Hove Structure Plan and E7 of RPG9.
17 No materials shall be burnt on site.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, to comply with policies QD27 and SU9 of the Brighton and Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and E7 of RPG9.
18 All loading, unloading, sorting and bulking activities shall occur within the Waste Transfer Station and Materials Recovery Facility buildings and no waste material shall be stored or tipped on to the ground for storage purposes, sorting or loading onto skips outside the buildings.
Reason: To protect the amenity of the occupiers of nearby residential properties and the amenity of the locality in general, including visual amenity, to comply with policies QD27, SU9, SU10 and QD1 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN1 and EN 15 of the East Sussex and Brighton & Hove Structure Plan and E7 of RPG9.
19 No development shall take place until a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants and/or gases has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall include nomination of a competent person to oversee the implementation of the works and details of future maintenance and monitoring. The development shall not be occupied or brought into use until there has been submitted to the Local Planning Authority verification by the agreed competent person that any remediation scheme required and approved has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise:
i) as built drawings of the implemented scheme;
ii) photographs of the remediation works in progress;
iii) certificates demonstrating that imported
Reason: To prevent pollution and ensure satisfactory remediation of the site to comply with policies SU11 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and E7 of RPG9.
20 Notwithstanding the details on the submitted plans and documents, the development shall not be first brought into use until a scheme for the soft landscaping of the site has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include details of planting, written specifications (including cultivation and other operations associated with tree, shrub, hedge or grass establishment), schedules of plants noting species, plant sizes and proposed numbers/ densities and an implementation programme.
Reason: To ensure a satisfactory appearance to the development and enhance the biodiversity of the site, to comply with policies QD15, QD16 and QD17 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN1, EN17, EN18, EN21 and EN26 of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
21 All soft landscape works approved in accordance with condition 20 above shall be completed in full accordance with the approved scheme, within the first planting season following first occupation of the development hereby approved, or in accordance with a programme agreed with the Local Planning Authority. All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428 (1989) Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree plantings shall be positioned in accordance with the requirements of Table 3 of British Standard BS5837 (2005): Trees in Relation to Construction. Any trees, shrubs or hedges planted in accordance with this condition which are removed, die, become severely damaged or become seriously diseased within 5 years of plant.
Reason: To ensure there is satisfactory landscaping provision to serve the development in the interests of visual amenity and enhance ecology, to comply with policies QD1, QD15, QD16, QD17 of the Brighton & Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN 1, EN 17. EN 18, EN21 and EN26 of the East Sussex and Brighton & Hove Structure Plan and 02 of RPG9
22 No trees. shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior written consent of the Local Planning Authority. Any trees, shrubs or hedges removed without such consent, or which die or become severely damaged or seriously diseased within 5 years from the completion of the development hereby permitted shall be replaced with trees, shrubs or hedge plants of similar size and species unless the Local Planning Authority gives written consent to any variation.
Reason: To ensure there is satisfactory landscaping to serve the development in the interests of visual amenity and to enhance ecology, to comply with policies QD1, QD15, QD16 and QD17 of the Brighton & Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN1, EN17, EN18, EN21 and EN26 of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
23 Notwithstanding the details on the submitted plans and documents, no development or other operations shall commence on site in connection with the development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and/or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Method Statement shall be implemented before development commences and during construction and development. Such method statement shall include full detail of the following: Implementation, supervision and monitoring of the approved Tree Protection Scheme; Implementation, supervision and monitoring of the approved Treework Specification; Implementation, supervision and monitoring of all approved construction works within any area designated as being fenced off or otherwise protected in the appr
Reason: To ensure the trees are satisfactorily protected as part of the development in the interests of visual amenity and ecology, to comply with policy QD16 and QD17 of the Brighton and Hove Local Plan and SPD06:Trees and Development Sites and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN1, EN 17, EN 18, EN21 and EN26 of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
24 Notwithstanding the details on the submitted plans and documents, the development hereby permitted shall not be first brought into use until details of the hard landscaping, means of enclosure, roads, footpaths and street furniture within the development have been submitted to and approved in writing by the Local Planning Authority. The details shall ensure pedestrian and cycle access is maintained at all times along Hollingdean Lane along its existing route to where it finishes adjacent to the railway bridge as indicated on the submitted plans, and shall identify measures to ensure conflict between pedestrians and vehicles is minimised, such as through the provision of hatched areas with appropriate signage. The approved details shall be implemented before the development hereby permitted is first brought into use.
Reason: To ensure there is satisfactory landscaping in the interests of visual amenity and to ensure that satisfactory pedestrian and cycle access is maintained in the interests of promoting sustainable modes of transport and to ensure the most direct pedestrian route through the site is maintained, and to prevent pedestrian/vehicular conflict, to comply with policies QDL QD15, TRL TR7 and TR8 of the Brighton & Hove Local Plan and WLP1. WLP2. WLP35. WLP36 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SL TR1. TRL. TR3. TR4. TR33. S6. S13 and EN1 of the East Sussex and Brighton & Hove Structure Plan and Tl, T4 and Q2 of RPG9.
25 The development hereby permitted shall not be first brought into use until the repair and extension of the flint wall which runs along the site boundary with Upper Hollingdean Road and within the site, as shown on the submitted drawings, has been implemented. A sample panel of the flint wall shall be submitted for written approval by the Local Planning Authority. The flint wall shall be implemented in accordance with the approved details.
Reason: In the interests of visual amenity and to comply with policy QD1 of the Brighton and Hove Local Plan and SPG BH17:Hollingdean Depot/Abattoir and WLP1, WLP35, WLP39 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN1 and EN26 of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
26 No development of the buildings hereby approved shall take place until samples of the materials (including colour of render, paintwork or colourwash) to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Plarining Authority. The details should include how the materials chosen are part of a sustainable procurement strategy and how they rate highly in the BRE Green Guide to Specification. Development shall be carried out in accordance with the approved details.
Reason: To ensure a high quality and sustainable development, to comply with policies QD1 and SU2 of the Brighton & Hove Local Plan and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN1 of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
27 The development hereby permitted shall not be first brought into use until details of the proposed 'grass-crete' car parking area shown on the approved plans, including 2 disabled spaces and associated works such as drop kerbs and tactile paving, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until the car park has been laid out and completed to the satisfaction of the Local Planning Authority. The car parking spaces shall thereafter only be used by staff and visitors to the development. Except where otherwise agreed in writing by the Local Planning Authority, car parking shall only occur within the designated parking spaces in the car park.
Reason: To ensure that adequate parking provision is retained and parking does not occur haphazardly across the site and to ensure the sustainability of the scheme is not undermined, and in the interests of highway safety, to comply with policies TR1, TR4, TR7, TR8 and TR19 of the Brighton & Hove Local Plan and WLP1, WLP35 and WLP36 of the East Sussex and Brighton and Hove Waste Local Plan and SI, TR3 and TR16 of the East Sussex and Brighton & Hove Structure Plan and Tl and T3 of RPG9.
28 The development hereby permitted shall not be first brought into use until the cycle parking facilities for staff and visitors (minimum 15 spaces) have been provided. The cycle parking facilities shall thereafter be retained for use at all times.
Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car, in accordance with policies TR1 and TR14 of the Brighton & Hove Local Plan and WLP1, WLP2, WLP35 and WLP36 of the East Sussex and Brighton and Hove Waste Local Plan and SI, S6, SI3, TR1, TR2, TR3, TR5, TR18 and TR33 of the East Sussex and Brighton & Hove Structure Plan and Tl, T4 and Q2 of RPG9.
29 The development hereby permitted shall not be first occupied until a scheme for the provision of refuse and recycling storage facilities serving the buildings. and visitor/office building m particular, have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be implemented and made available for use before first occupation of the buildings and shall thereafter be retained for use at all times.
Reason: To ensure provision of satisfactory facilities for the storage of refuse and recycling to comply with policy SU2 of the Brighton & Hove Local Plan and WLP1, WLP12 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan.
30 Prior to commencement of development of each respective building, details of measures to ensure that the visitor/office building and the Materials Recovery Facility and Waste Transfer Station buildings achieve an "Excellent" BREEAM rating shall be submitted to and approved in writing by the Local Planning Authority. This can be demonstrated through submission of BREEAM certificates at Design and Post Construction stages. The measures shall be implemented in strict accordance with the approved details.
Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and in accordance with policy SU2 of the Brighton & Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN27 and EN28 of the East Sussex and Brighton & Hove Structure Plan and LNF4 of RPG9.
31 The development hereby permitted shall not be commenced until further details of the measures contained in the Sustainability Statement submitted have been submitted to and approved in writing by the Local Planning Authority and subsequently implemented, including the proposed rainwater harvesting, photovoltaics and micro wind turbine. The details shall include siting, appearance, capacity and details of what the rainwater harvesting, photovoltaics and micro turbine will be used for. The rainwater harvesting shall at least be used for on-site irrigation of landscaping and vehicle washing and wider uses as to be agreed with the Local Planning Authority.
Reason: In the interests of enhancing sustainability and re-use of resources to comply with policy SU2 of the Brighton and Hove Local Plan and SPGBH16 and WLPl and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN27 and EN28 of the East Sussex and Brighton & Hove Structure Plan and INF4 of RPG9.
32 The development hereby permitted shall not be first brought into use until evidence that significant energy and carbon emission savings against a baseline to be agreed with the Local Planning Authority will be achieved in line with the conclusions of the Scott Wilson Energy Survey submitted on 2nd June 2006 has been submitted to and approved in writing by the Local Planning Authority and subsequently implemented. Monitoring evidence shall be submitted to the Local Planning Authority for written approval once the development is operating within a timescale to be agreed with the Local Planning Authority to demonstrate that the agreed targets are being achieved. Should the development fall below the agreed targets, details of further measures that will be introduced to meet the target shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be implemented.
Reason: In the interests of enhancing sustainability and re-use of resources to comply with policy SU2 of the Brighton and Hove Local Plan and SPGBH16 and WLPl and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN27 and EN28 of the East Sussex and Brighton & Hove Structure Plan and LMF4 of RPG9.
33 No development including excavation and demolition shall take place until a written statement confirming how demolition and construction waste will be recovered and reused and stored on site or at other sites within Brighton and Hove, which includes the name of a contractor on the Environment Agency's list of approved waste contractors, has been submitted to and approved in writing by the Local Planning Authority and the agreed measures shall be implemented.
Reason: To ensure that the development would include the re-use of limited resources, to ensure that the amount of waste for landfill is reduced, and to comply with policy SU13 of the Brighton & Hove Local Plan and SPD: Construction and Demolition Waste and WLPl, WLP11 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI, W10 and Wl 1 of the East Sussex and Brighton & Hove Structure Plan.
34 Within 6 months of the first occupation of the development, the operator shall draw up and submit for approval by the Local Planning Authority a detailed Travel Plan which shall use as its base a survey of staff and visitors to ascertain the patterns of travel to and from the development and attitudes and views about the use of different forms of transport. The Travel Plan shall include such commitments as are considered appropriate having regard to the publications of the relevant government department advising on workplace Travel Plans and which should include (in relation to travel to and from the development) as a minimum the following initiatives and commitments to: -
a) promote and enable increased use of walking, cycling and public transport as alternatives to the car
b) increase awareness of and improved road safety and personal security
c) dialogue and consultation with adjacent/neighbouring tenants/businesses
d) identify targets focussed on reductions in the level of car use
e) identify a m
Reason: To promote sustainable travel choices and reduce reliance on the car, to comply with policies TR1 and TR4 of the Brighton and Hove Local Plan and WLP1, WLP2, WLP35 and WLP36 of the East Sussex and Brighton and Hove Waste Local Plan and SI, TR1, TR2, TR33 and S6 of the East Sussex and Brighton & Hove Structure Plan and Tl, T2 and Q2 of RPG9.
35 The development hereby permitted shall not be first brought into use until details of the external lighting, including the proposed number, type, siting, spacing and levels of luminance and details of street lighting, have been submitted to and agreed in writing by the Local Planning Authority. The agreed scheme shall be implemented before the development is first brought into use.
Reason: To mitigate against the potential for light pollution within the development to safeguard the amenities of the locality and residents, and for ecological reasons, to comply with policies QD1, QD27, QD17 and QD25 of the Brighton & Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN1 and EN 14 of the East Sussex and Brighton & Hove Structure Plan.
36 The development hereby permitted shall incorporate measures to ensure the development meets 'Secure by Design' standards and includes crime prevention measures indicated in the letter dated 12th April 2006 from Sussex Police. The development shall not be first brought into use until evidence has been submitted to demonstrate compliance with the standard and measures. Details of any CCTV cameras that are not mounted on buildings shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the Secure by Design standard.
Reason: in the interests of crime prevention and visual amenity, to comply with policies QD7 and QD1 of the Brighton and Hove Local Plan and PPS1: Delivering Sustainable Development 2005 and WLP1, WLP35 and WLP39 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
37 No development of the materials recovery facility building shall take place until details of construction, maintenance and species have been submitted to and approved in writing by the Local Planning Authority of the proposed 'green' roof over the extended access way forming part of the Materials Recovery Facility indicated on the approved plans. The agreed scheme shall be implemented to the satisfaction of the Local Planning Authority within the first planting season following first occupation of the Materials Recovery Facility building. Any plants that die within 5 years of planting shall be replaced with those of a similar species.
Reason: To enhance and integrate nature conservation features within the site, in accordance with policies QD17 of the Brighton & Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and Q2 and E2 of RPG9.
38 Green walls of climbing planting/vegetation shall be incorporated along the external east facing walls of the two covered loading bays of the Materials Recovery Facility as defined on drawing number NTS 7 Layout of the Proposed Facility. The green walls shall not be incorporated until details of the support system and planters to be used, irrigation, plant species and maintenance details have been submitted to and approved in writing by the Local Planning Authority. The green walls shall be planted within the first planting season following first occupation of the Materials Recovery Facility building. Any plants that die within 5 years of planting shall be replaced with a similar species.
Reason: To enhance and integrate nature conservation features within the site, and to give visual interest and soften the appearance of the development, in accordance with policies QD1, QD5 and QD17 of the Brighton & Hove Local Plan and WLP1, WLP35, WLP39 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN 1, EN 17, EN 18, EN21 and EN26 of the East Sussex and Brighton & Hove Structure Plan and Q2 and E2 of RPG9.
39 An 'artistic' wall of crushed recyclable materials forming a permanent public art display shall be incorporated along the external facing walls of the glass and waste loading bays of the waste transfer station as defined on drawing number NTS 7 Layout of the Proposed Facility. Details of the artistic walls including method of construction and maintenance details, shall be submitted to and approved in writing by the Local Planning Authority. The artistic walls shall be installed within 12 months from the date the waste transfer station building is first brought into use.
Reason: To give visual interest and soften the appearance of the development and to partly meet the demand for public art within the scheme, in accordance with policies QD1, QD5 and QD6 of the Brighton & Hove Local Plan and WLP1, WLP35, WLP39 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan and SI and EN1 of the East Sussex and Brighton & Hove Structure Plan and Q2 of RPG9.
40 No development, including demolition, excavation or removal of any trees, shall take place until the recommendations contained in the Michael Woods Associates Bat Survey and Addendum submitted on 12 and 14 June 2006, including method of tree removal together with any additional measures deemed necessary by the Local Planning Authority have been implemented.
Reason: To comply with policy QD18 of the Brighton and Hove Local Plan which seeks to avoid harmful impact to protected species and their habitats and WLP1, WLP35 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN 17, EN 18 and EN21 of the East Sussex and Brighton & Hove Structure Plan and E2 of RPG9.
41 Ten woodcrete sparrow boxes and ten woodcrete bat boxes shall be erected within the site before the development hereby permitted is first brought into use. Details of the type and location of the boxes shall be submitted to and approved in writing by the Local Planning Authority. The approved boxes shall be implemented at the time of development.
Reason: To enhance and integrate nature conservation features within the site, in accordance with policies QD17 and QD18 of the Brighton & Hove Local Plan and WLP1, WLP35 and WLP40 of the East Sussex and Brighton and Hove Waste Local Plan and SI, EN 17, EN 18, EN21 of the East Sussex and Brighton & Hove Structure Plan and E2 of RPG9.
42 The development hereby permitted shall incorporate measures to ensure the buildings are fully accessible to the disabled, including the provision of flush entrance thresholds, details of which shall be submitted to and approved in writing by the Local Planning Authority before first occupation of the development. Notwithstanding the details indicated on drawing No.060526-Holl_Offices Rev 4, at least one changing/shower cubicle in both the female and male changing rooms shall measure 2 x 2.2 metres.
Reason: To ensure satisfactory access for people with disabilities, to comply with policies HO 19 of the Brighton & Hove Local Plan and WLP1 and WLP35 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan.
43 All areas where waste is stored, handled or transferred shall be underlain by impervious hardstanding with dedicated drainage to a foul sewer or sealed tank.
Reason: To prevent pollution of the water environment to comply with policies SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and ESJF2 of RPG9.
44 The method of demolition and construction for the development shall be carried out in accordance with a scheme to be approved in writing with the Local Planning Authority prior to any development commencing.
Reason: The site is in a sensitive location with respect to groundwater, and in order to protect the quality of drinking water supplies, the working methods will need to be carefully considered, to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and DNF2 of RPG9.
45 The method of piling foundations for the development shall be carried out in accordance with a scheme to be approved in writing by the Local Planning Authority prior to any development commencing.
Reason: The site is contaminated and piling could lead to the contamination of the underlying Aquifer, to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and INF2 of RPG9.
46 No material shall be deposited at the site during construction other than clean, uncontaminated naturally occurring excavated material, brick and concrete rubble only Reason: To prevent pollution of the water environment to comply with policy STJ3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and INF2 of RPG9.
47 Prior to being discharged into any watercourse, surface water sewer or soakaway all surface water drainage shall be passed through an oil bypass interceptor designed and constructed to have a capacity compatible with the site being drained. Roof water shall not pass through the interceptor.
Reason: To prevent pollution of the water environment and reduce flood risk to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and LNF2 of RPG9.
48 Details of how Sustainable Drainage Solutions (SUDs) have been incorporated into the scheme shall be submitted to and approved in writing by the Local Planning Authority before implementation of drainage works required as part of the scheme and shall be implemented in accordance with the approved details.
Reason: To ensure a sustainable solution to drainage is incorporated and to reduce flood risk to comply with policy SU4 of the Brighton and Hove Local Plan and WLP1, WLP35, WLP37 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and 1NF1 and INF2 of RPG9.
49 No soakaway shall be constructed in contaminated ground.
Reason: To prevent pollution of groundwater to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and INF2 of RPG9.
50 No development approved by this planning permission shall be commenced until: A desktop study has been carried out which shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. In using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors has been produced.
A site investigation has been designed for the site using the information obtained from the desktop study and any diagrammatical representations (Conceptual Model). This should be submitted to, and approved in writing by the Local Planning Authority prior to that investigation being carried out on the site. The investigation must be comprehensive enough to enable:
A risk assessment to be undertaken relating to groundwater and surface waters associated on and off the site that may be affected, the refinement of the Conceptual Model and the development of a Met
Reason: To ensure that the proposed site investigations and remediation will not cause pollution of controlled waters to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Bnghton &, Hove Structure Plan and INF2 of RPG9
51 If during development any visibly contaminated odorous or hazardous material nor previously identified is found to be present at the site, it must be investigated. The Local Planning Authority must be informed immediately of the nature and degree of contamination present. The developer shall submit a Method Statement which must detail how this unsuspected contamination shall be dealt with. The risk assessments and remediation method statements must be revised if further contamination is identified across the site.
Reason: To ensure that the development complies with approved details in the interests of protection of controlled waters in accordance with policies SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and INF2 of RPG9.
52 The development of the site should be carried out in accordance with the approved Method Statement described in the conditions 50 & 51 above.
Reason: To ensure that the development complies with approved details in the interests of protection of controlled waters to comply with policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and LNF2 of RPG9.
53 Any facilities above ground for the storage of oils, fuels or chemicals shall be sited on an impervious base and surrounded by impervious walls. The volume of the bundled compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bound. The drainage system of the bound shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bound. Such facilities shall be constructed and completed in accordance with plans approved by the Local Planning Authority.
Reason: It is not acceptable for List 1 Substances, such as Hydrocarbons, to enter groundwater as this would contravene the Groundwater Regulations (1998), to comply with the aims of policy SU3 of the Brighton and Hove Local Plan and WLP1, WLP35 and WLP38 of the East Sussex and Brighton and Hove Waste Local Plan and SI of the East Sussex and Brighton & Hove Structure Plan and INF2 of RPG9.
Central Government Guidance:
Planning Policy Guidance Notes (PPG's):
PPG4 - Industrial and Commercial Development and Small Firms;
PPG9 - Nature Conservation;
PPG13-Transport;
PPG 15 - Planning and the Historic Environment;
PPG 16 - Archaeology and Planning;
PPG24 - Planning and Noise;
PPG25 - Development and Flood Risk.
Planning Policy Statements (PPS's): PPS1 - Delivering Sustainable Development;
PPS10 - Planning for Sustainable Waste Management;
PPS1!- Regional Spatial Strategies:
FPS2I - Renewable Energy
PPS23 - Planning and Pollution Control.
PPS25 - Planning and Flood Risk (draft)
Regional Planning Guidance for the South East (RPG9) (March 2001):
Paragraphs 4.15-4.19: Priority Areas for Economic Regeneration (PAERs);
Ql - Urban areas - prime focus for new development;
Q2 - Quality of life in urban areas;
Q3 - Location and design of development;
Q6 - Infrastructure requirements;
E2 - Maintenance and enhancement of biodiversity;
E7 - Pollution control and air pollution;
TR3 - Accessibility;
TR4 - Walking;
TR5-6 - Cycling;
TR7-9 and TR11- Public Passenger Transport;
TR16 - Parking standards for development;
TR17 - Commuted payments;
TR18-Cycle parking;
TR33 - Brighton and Hove;
EN1 - General Environment policy;
EN2 - Areas of Outstanding Natural Beauty (AONB);
EN 12 - Water Quality and Conservation;
EN14 - Light pollution;
EN 15 - Noise pollution;
EN 17 - Nature conservation;
EN 18 - Nature conservation;
EN21 - Nature conservation;
EN22-24 - Archaeological and Historical Features;
EN26 - Built environment;
EN27 - Conservation of energy;
EN31 - Environmental education;
LT15-LT16 - Informal recreation;
LT19-The Arts;
Wl - Sustainable approach to waste planning;
W2 - General strategy for waste;
W3 - Dealing with waste in area it arises;
W4 - Support for transfer facilities;
W5 - Transportation of waste;
W6 - Strategic network of waste facilities;
W7 - Reduction in use of landfill;
W8 - Strategic development criteria for waste facilities;
W9 - Stra
Brighton and Hove Local Plan:
TRl - Development and the demand for travel;
TR2 - Public transport accessibility and parang;
TR4- Travel Plans;
TR7- Safe development;
TR8 - Pedestrian routes;
TRl 1 - Safe routes to school and school safety zones;
TRl 2 - Helping the independent movement of children;
TRl 3 - Pedestrian network;
TRl4 - Cycle access and parking;
TRl 5- Cycle network;
TRl 6 - Potential rail freight depot;
TRl 8 - Parking for people with a mobility related difficulty;
TRl9 - Parking standards;
SU1 - Environmental Impact Assessment; SU2 - Efficiency of development in the use of energy, water and materials;
SU3 - Water resources and their quality;
SU4 - Surface water run-off and flood risk;
SU5 - Surface water and foul sewage disposal infrastructure;
SU9 - Pollution and nuisance control;
SU10 - Noise nuisance;
SU11 - Polluted land and buildings;
SU13 - Minimisation and re-use of construction industry waste;
SU14 - Waste management;
SU15 - Infrastructure;
SU16-Production of
Supplementary Planning Guidance Notes (SPG's):
SPGBH4: Parking Standards;
SPGBH16: Energy Efficiency and Renewable Energy;
SPGBH17: Hollingdean Depot/Abattoir;
SPGBH21: Sustainability Checklist.
Supplementary Planning Documents (SPD's): SPD03 Construction and Demolition Waste; SPD06 Trees and Development Sites. and
b) for the following reasons: The proposal would meet the need for waste facilities and the need to increase recycling. The proposal satisfactorily assesses alternative sites and represents the Best Practical Environmental Option. The development would make effective and efficient use of land and would be sustainable. The proposal incorporates sustainable building practices and renewable energy generating measures. The development would meet the demand for travel it creates and would not lead to significant traffic generation and would not compromise highway safety. The proposal would maintain and enhance sustainable modes of transport. The proposal would not cause an adverse environ
The Environmental Statement submitted with the application is robust and complies with Environmental Impact Regulations.
3. For the avoidance of any doubt the development hereby granted is for me facilities as described in the decision notice only, and any proposed signage/advertisements within the site will require a separate application for Advertisement Consent.
4. With regard to condition 30 above, the applicant is advised that details of the BREEAM assessment and a list of approved assessors can be obtained from the BREEAM website (www.breeam.org).
5. The applicant is reminded of their obligation (under the Wildlife and Countryside Act 1981) to ensure nesting birds are not disturbed by construction works. 6. Bats and their roosts are protected from harm under the Wildlife & Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000)). If bats are discovered during works related to this development, work must stop immediately and advice sought from the Lewes Office o
(a) The site lies on Upper and Middle Chalk Formation, which is classified as a Major Aquifer under the Environment Agency's "Policy and Practice for the Protection of Groundwater." As the site lies within an area of licensed groundwater abstractions and a Source Protection Zone I for the Lewes Road Public Water Supply borehole, the site is extremely sensitive and must be protected from pollution. Potable supplies are at risk from activities at this site and all precautions should be taken to avoid discharges and spillages to the ground during both construction and subsequent operation. (b) Surface water drainage from under canopy forecourt areas and refuelling/delivery points, must pass through a full retention oil/petrol interceptor, prior to being discharged to any watercourse, surface water sewer, soakaway or foul sewerage system. It should have a minimum capacity adequate to contain at least the maximum contents of a compartment of a road tanker likely to deliver to the site.
(c) It is not a
The area should be clearly marked and a kerb surround is recommended.
(e) Site operators should ensure that there is no possibility of contaminated water entering and polluting surface or underground waters. Detergents entering oil interceptors may render them ineffective.
(f) All surface and foul water drainage details will be covered by the Waste Management Licence Application, in accordance with the requirements of the Environmental Protection Act 1990.
(g) In addition to the above, the Agency is concerned that the site and/or third parties will be at risk of surface water flooding due to the quantity of surface water runoff likely to be generated. The Agency would, therefore, subject to the estimated peak discharge, recommend that runoff be controlled on site, so as to limit the rate of runoff from the developed site to the equivalent greenfield rate. The Agency would advise that any such system be designed to attenuate the 1 m 100 year storm \- 20% in accordance with PPG 25).
9. A letter f
Informatives:
1. This decision is based on the following drawing no.s: LP1, RL1, 51115_Holl_MRFWTS
(01), 051115_Holl_MRFWTS (02-01), 1115_Holl_MRFWTS (02-02),
051115_Holl_MRFWTS (04), 051115_Details(05),051115_MRF (06),
051122_HollCirculation (07), 051122_Holl_Circulation (08), 51123_elev_land (11),
11650_ENV_001 Rev C, 157812M/LA/SK/003 Rev B, 157812M/LA/SK/004 Rev C and
051126_Hollcottage (12) and Environmental Statement including Technical Appendices and
Non-Technical Summary, Supporting Statement, Lighting Scheme, Design Statement,
Sustainability Statement, Transport Assessment, Alternative Sites Assessment, Arboricultural
Survey Report, BPEO Compliance reports (Strategic and Site Specific), Illustrative Material
and Road Safety Audit submitted on 20th March 2006, Planning Application Consultations
Responses (letters and attachments) submitted on 31st May and 2nd June 2006 and Scott
Wilson Energy Survey submitted on 2nd June 2006 and drawing no. 060526_Holl_Offices
Rev 4 submitted on 2nd June 2006 a
Dated this 19 June 2006
Jenny Rowlands
Director - Environment
NOTE: This decision does not give approval of plans for the purposes of the Building Regulations 1991. If an application for such approval has been made a decision has or will be given separately.