The development hereby permitted shall be commenced before the expiration of THREE years from the date hereof. REASON: Imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990.
The development hereby permitted shall not be carried out otherwise than in conformity with the following submitted plans and details: DRAWINGS - Black Hall and Cockley Beck Site Map (Upstream) - Black Hall and Cockley Beck Site Map (Full) - Black Hall and Cockley Beck Site Map (Downstream) - Project no. DR-2023-0231 Sheet 1 Rev. 3 Overview Map 1 - Project no. DR-2023-0231 Sheet 2 Rev. 3 Overview Map 2 - Project no. DR-2023-0231 Sheet 3 Rev. 3 Services Map - Project no. DR-2023-0231 Sheet 4 Rev. 3 Levels Map 1 - Project no. DR-2023-0231 Sheet 5 Rev. 3 Levels Map 2 - Project no. DR-2023-0231 Sheet 6 Rev. 3 Tributary Infill Sections - Project no. DR-2023-0231 Sheet 7 Rev. 3 Tributary Widening Sections - Project no. DR-2023-0231 Sheet 8 Rev. 3 Rapid Sections - Project no. DR-2023-0231 Sheet 9 Rev. 3 Ditch Infill Sections - Project no. DR-2023-0231 Sheet 10 Rev. 3 Scrape Sections - Project no. DR-2023-0231 Sheet 11 Rev. 2 Tributary Embankment Removal Sections - Project no. DR-2023-0231 Sheet 12 Rev. 2 Large Woody Material Sections - Project no. DR-2023-0231 Sheet 13 Rev. 3 Revetment Removal Sections - Tree Survey - Biodiversity Survey (Middle Black Hall and Cockley Beck) - Biodiversity Survey (Downstream) - Biodiversity Survey (Upstream) - Restoration Methoid Statement - Protected Species Survey - W&FC Ordinary Water Course Consent - Cockley Beck Gill - W&FC Ordinary Water Course Consent - River Duddon - Flood risk assessment - Environment Agency Permit - Environmental Risk Assessment - Cockley Beck - Environmental Risk Assessment Black Hall REASON: For the avoidance of doubt.
Town and Country Planning (Development Management Procedure) (England) Order 2015 Article 35(2) statement. The Local Planning Authority did not identify problems arising in relation to dealing with the application.
The development hereby permitted shall not commence until a Habitat Management and Monitoring Plan (the "HMMP"), prepared in accordance with the approved Biodiversity Gain Plan and including: (a) a non-technical summary; (b) the roles and responsibilities of the people or organisation(s) delivering theHMMP; (c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; (d) a timetable for those works in (c) above to be carried out; (e) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and (f) the verification and monitoring methodology and frequency in respect of the created or enhanced habitat, including the timetable for such monitoring to be submitted to the local planning authority, has been submitted to, and approved in writing by, the local planning authority. Notice in writing shall be given to the local planning authority when the: (a) HMMP has been implemented; and (b) habitat creation and enhancement works as set out in the HMMP have been completed. The enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP thereafter for a period of 30 years commencing from the date the local planning authority receives notice and a verification report that the habitat creation and enhancement works have been completed. Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP. If verification or monitoring identifies that: • the target habitat condition set out in the Biodiversity Gain Plan has not been reached within the timescale indicated, or • the habitat has declined from its target condition within the 30 year period, then: • a scheme of remedial interventions to secure or resecure the target habitat condition, or • an alternative Biodiversity Gain Plan which delivers at least equivalent biodiversity net gain shall be submitted to the Local Planning Authority for approval. REASON: To ensure the development delivers a biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act 1990, Policy 04 of the Lake District National Park Local Plan 2020-2035 and the Biodiversity Supplementary Planning Document. Schedule 7A requires that where an applicant relies upon a significant increase in onsite habitat biodiversity value, the habitat enhancement should be maintained for at least 30 years after the development is completed. In this case the habitat creation is considered significant because the minimum 10% gain is dependent on improving the condition of habitats of very high distinctiveness to a moderate good condition.
INFORMATIVE - Biodiversity Net Gain The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition”) that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. Certain permissions are exempted by The Biodiversity Gain Requirements (Exemptions) Regulations 2024, but based on the information available this permission is considered not to be exempt so the biodiversity gain condition DOES apply. The approval of a biodiversity gain plan WILL therefore be required before development is begun, unless it can be demonstrated that the development benefits from a statutory exemption. In summary: A biodiversity gain plan is required to be submitted to, and approved by, the planning authority before development may be begun.
The development may not be begun unless— (a) a biodiversity gain plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. REASON: In accordance with the provisions of Schedule 7A of the Town & Country Planning Act 1990 and for the avoidance of doubt.
Understand planning application documents, officer reports and decision notices. Use a reading checklist, document table and worked example to inspect a case.
Understand pending consideration, approved, refused and withdrawn planning applications. Compare status labels and find the documents explaining each outcome.
Read planning drawings, floor plans, elevations and sections. Use labelled diagrams, a drawing comparison table and revision checks to understand a proposal.