Change of use from public park (F.2(c) use class) to cemetery (sui generis use class), including creation of associated pedestrian and vehicle access, parking, drainage and landscaping

1. Time Limit The development hereby permitted shall begin not later than three years from the date of this decision. Reason: The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. Approved Plans The development hereby approved shall be carried out in complete accordance with the following plans and specifications and shall relate to no other plans. a) Area B Location Plan (CDS-C1163-P01-L-007 Rev 001) b) Area B (CDS-C1163-P01-L-010 Rev 001) c) Area B Planting Plan (CDS-C1163-P01-L-012 Rev 2) Reason: To ensure a satisfactory form of development and for the avoidance of doubt.
3. Grave Digging Operations Grave digging and associated mechanical operations shall only take place between the hours of 08:00-18:00 Monday to Friday and 09:00-13:00 on Saturdays. There shall be no such activities on Sundays or Bank Holidays, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the residential amenities of local occupiers.
4. Surface Water Drainage Scheme Prior to the commencement of the development on site a detailed surface water drainage scheme (design and strategy) shall be submitted to and approved in writing by the Local Planning Authority. The scheme should be designed, following the principles as outlined in the submitted Flood Risk Assessment and Surface Water Drainage Assessment and the development shall be completed in accordance with the approved scheme. The design of the drainage scheme shall include but is not limited to: (i) The surface water discharge from the development must be limited to a Greenfield run off rate (Qbar value) with sufficient storage within the system to accommodate a 1 in 30 year storm. (ii) The method used for calculation of the existing greenfield run-off rate shall be the ICP SUDS method. (iii) The design shall ensure that storm water resulting from a 1 in 100 year event, plus climate change surcharging the system, can be stored on site with minimal risk to persons or property and without overflowing into drains, local highways or watercourses. (iv) Provide an outline assessment of existing geology, ground conditions and permeability. (v) The design shall take into account potential urban creep. (vi) The flow path of flood waters for the site as a result on a 1 in 100 year event plus climate change (Conveyance and exceedance routes) This should be accomplished by the use of SUDs techniques, if it is not possible to include a sustainable drainage system, details as to the reason why must be submitted. Reason: To ensure the site is developed in a manner that will not increase the risk of surface water flooding to site or surrounding area having regard for Policy CS4 of the Local Plan and section 14 of the NPPF.
5. Planting of Soft Landscaping The development hereby approved shall be carried out in complete accordance with the soft landscaping details as shown on shown on the approved Area B Planting Plan or in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Any detailed scheme shall include details of the proposed trees and plants (prioritising native species) to be planted, including their species, size and location. The approved soft landscaping details shall be planted in full during the first available planting season (October-March) after the first use of the development hereby approved. The Local Planning Authority shall be notified within two weeks of the landscape planting works. Reason: To ensure a satisfactory form of development in the interest of visual amenity and the character of the area having regard for policies CS4, CS5 and DC1 of the Local Plan and sections 12 and 15 of the NPPF.
6. Replacement Tree Planting If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation. Reason: To ensure a satisfactory form of development in the interest of visual amenity and the character of the area having regard for policies CS4, CS5 and DC1 of the Local Plan and sections 12 and 15 of the NPPF.
7. Biodiversity Gain Plan The development hereby approved shall not commence until a Biodiversity Gain Plan has been submitted to and approved in writing by the Local Planning Authority. Reason: As required under the statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990.
8. Biodiversity Net Gain Maintenance Plan The development hereby permitted shall be carried out in accordance with the approved Biodiversity Gain Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30-year period as a result of the development and the Biodiversity Gain Plan shall be implemented in full. No development shall commence until a Biodiversity Monitoring Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30-year period as a result of the development has been submitted to and agreed in writing by the Local Planning Authority. The Biodiversity Management Plan shall include 30-year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports. Monitoring reports will be submitted to the Local Planning Authority during years 1, 2, 5, 7, 10, 15, 20 and 30 from commencement of development unless otherwise stated in the Biodiversity Management Plan, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any measures needed to be undertaken to address a shortfall in predicted levels of gain Reason: In the interests of ensuring measurable net gains to biodiversity and in accordance with paragraphs 180 and 186 of the National Planning Policy Framework.
9. REASON FOR APPROVAL The proposed development and extension of Thorntree Cemetery is considered to be appropriate as it is in full accordance with national and local planning policies, statements and guidance. In particular, the proposals meet the National Planning Policy Framework, and the policies regarding sustainable development, the efficient use of land, appropriate scales of development, the protection of open spaces of different characters and uses, good quality design, and transport and accessibility, whilst proposing a development that would not be out of scale and character within the surrounding area, and would not be detrimental to the local and residential amenities of the local area. Issues of principle regarding the layout and design of the burial plots, and the generation of traffic have been considered fully and are not considered, on balance, to give rise to any inappropriate or undue affects. Accordingly, the Local Planning Authority considers that there are no material planning considerations that would override the general assumption that development be approved unless other material factors determine otherwise.
10. Informative: Environment Agency Operating a cemetery without an environmental permit from the Environment Agency is an offence, unless the development meets the exemption criteria. New cemetery developments must do one of the following: • Meet all the criteria in the exemption for low environmental risk cemeteries. See “Low environmental risk cemeteries: exemption conditions”. • Operate under a standard rules permit. The Environment Agency has recently consulted on proposed standard rules permits for cemetery developments and hopes to make this option available in the future. For further details and guidance see “Protecting groundwater from human burials”. • Operate under a bespoke permit. See the “bespoke permits” section of our cemeteries guidance. Permit applications must include a groundwater risk assessment prepared in line with Cemeteries and burials: groundwater risk assessments. For support with the application process, refer to Get advice before you apply for an environmental permit.

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