Variation of condition C17 (access) and C22 (parking bays) pursuant to planning permission 21/00633/FUL

1. The 56 assisted living apartments contained within the development that are not subject to the affordable housing obligations contained in the S106 Agreement pursuant to this planning permission shall be delivered and occupied in accordance with Section 4.0 of the submitted Affordable Housing Statement dated March 2024, prepared by PWA Planning. Reason: To ensure an appropriate tenure mix in accordance with Policy LP08 of the Peterborough Local Plan (2019)
2. The external materials of the proposed development hereby permitted must be carried out in accordance with the following approved plans: - External Materials Schedule ref 7043-W-4100 - North East Elevation ref 7043-W-0701-P2 - South West Elevation ref 7043-W-0700-P2 - Bay Studies 1-3 Reason: For the Local Planning Authority to ensure a satisfactory external appearance, in accordance with Policy LP16 of the Peterborough Local Plan (2019).
3. The development hereby approved shall take place in accordance with the recommendations of the submitted Phase I Geo-Environmental Risk Assessment prepared by Roberts Environmental, dated July 2020, reference: 200705.R.001 and Phase II Geo-Environmental Site Investigation and Risk Assessment prepared by Roberts Environmental, Dated September 2020, Reference: 200705.02.R.001. Reason: In the interests of public health, in accordance with Policy LP33 of the Peterborough Local Plan (2019).
4. The remediation scheme as set out in the submitted 'Remediation Strategy' ref 230722 (received 08/09/2023) shall be carried out in accordance with the approved details. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Reason: In the interests of public health, in accordance with Policy LP33 of the Peterborough Local Plan (2019).
5. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 28 days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. An assessment must be undertaken by a competent person in accordance with the following requirements: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: - human health, - property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, - adjoining land, - groundwaters and surface waters, - ecological systems, - archaeological sites and ancient monuments; Where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved inwriting by the Local Planning Authority. Reason: In the interests of public health, in accordance with Policy LP33 of the Peterborough Local Plan (2019).
6. The development hereby permitted shall take place in accordance with the following noise scheme: - DN18-1014914-5A-HE-20250514-Condition 9-Rev0-Issued The rating level of noise emitted from the site shall not exceed 35dB LAeq, 1 hour between 07:00 hours and 23:00 hours Monday to Friday and 32dB LAeq, 15 minutes at any other time. The noise levels should be determined at the nearest noise sensitive premises. The measurements and assessment should be made according to BS:4142:2014. Prior to installation and operation, details of the make, model, location, sound power level and frequency spectrum data of any mechanical plant shall be submitted to and approved in writing by the Local Planning Authority. The information will demonstrate that the mechanical plant is in compliance with the noise levels specified above. Thereafter the development shall be implemented in accordance with the approved details, including any necessary mitigation, and shall thereafter be retained and maintained as such in perpetuity. Reason: To protect the amenity of existing residents adjoining the development, in accordance with Policy LP17 of the Peterborough Local Plan (2019).
7. The development hereby permitted shall be carried out in accordance with the following scheme of acoustic attenuation: - ACOUSTICS, NEW RESIDENTIAL DEVELOPMENT, PLANNING CONDITIONS 9, 10 AND 25 (Hoare Lea, Revision 1, July 2023) - Design Note 15. Conditions 9 & 10 (Hoare Lea, received August 2024) Reason: To protect the amenity of future residents of the development, in accordance with Policy LP17 of the Peterborough Local Plan (2019).
8. The sustainable drainage scheme shall be carried out in accordance with the submitted 'SUDS Maintenance Strategy Report' (ref C8481-ODP-DS-Rev A, October 2023) and shall be maintained as such thereafter. Reason: To ensure that the scheme provides for appropriate surface water drainage measures that ensure that there is no unacceptable risk of flooding arising from the development, in accordance with Policy LP32 of the Peterborough Local Plan (2019).
9. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority. Reason: Protected species are a material concern for Local Planning Authorities as per the National Planning Policy Framework and Peterborough City Local Policy. The disturbance of protected species may be an infraction as described within the Wildlife and Countryside Act 1981.
10. The hard and soft landscaping scheme shall be carried out in accordance with the following approved documents: - Hard Landscape General Arrangement Plan PW.1672.L4.RevA - Soft Landscape General Arrangement Plan PW.1672.L5.RevA - Ornamental and Shrub Planting Plan PW.1672.L7.RevA - Bulb Planting Plan PW.1672.L8.RevA - Landscape General Arrangement Plan PW.1672.L3.RevA - Silver Hill Tree Pit Detail PW.1672.A1.RevA - Silver Hill Tree and Hedge Planting Plan PW.1672.L6.RevB - External Lighting (received 06/10/2023) The approved hard landscaping scheme shall be implemented in full prior to the first occupation of the development, hereby permitted, and the soft landscaping shall be carried out within the first available planting season following completion of the development or first occupation (whichever is the sooner) or alternatively in accordance with a timetable for landscape implementation which has been submitted to and agreed in writing with the Local Planning Authority. Reason: In the interests of visual amenity of the area and the enhancement of biodiversity, and to avoid glare/dazzle which could lead to danger to highway users, in accordance with Policies LP13, LP16, LP17, LP26, LP28 and LP29 of the Peterborough Local Plan (2019).
11. Any trees, shrubs or hedges forming part of the approved landscaping scheme (except those contained in the communal garden to the rear of the development) that die, are removed or become diseased within five years of the implementation of the landscaping scheme shall be replaced during the next available planting season by the developers, or their successors in title with an equivalent size, number and species to those being replaced. Any replacement trees, shrubs or hedgerows dying within five years of planting shall themselves be replaced with an equivalent size, number and species. Reason: In the interests of the visual appearance of the development and the enhancement of biodiversity, in accordance with Policies LP16, LP28 and LP29 of the Peterborough Local Plan (2019).
12. The proposed refuse and cycle shelters shall be carried out in accordance with the following approved details: - 7043-W-2104-C1 Scooter and Bin Store Ground Floor - 7043-W-0200-C12 Ground Floor General Arrangement Plan - 7043-W-0110-C21 Proposed site plan - 7043-W-C16 Proposed site layout - Bin store - PW.1859.A.202 Surfacing and Edging - Entrance and Exit Thresholds - Transport statement The structures and cycle parking shall be completed prior to the first occupation of the development and thereafter be retained for those purposes in connection with the development in perpetuity. Reason: In the interests of amenity and highway safety and to encourage travel by sustainable modes by ensuring suitable cycle parking is available, in accordance with Policies LP16, LP17 and LP13 of the Peterborough Local Plan (2019).
13. Car parking and turning shall be provided in accordance with the approved layout plan(s) prior to the first occupation of the dwelling(s) to which it relates. It shall thereafter be retained and not used for any other purpose other than the parking and turning of vehicles. Reason: In order to ensure that sufficient car parking and turning remains available on site in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
14. The access hereby approved shall be provided in accordance with the details shown on the approved layout plan within two months from the date of this decision. It shall thereafter be retained in accordance with the approved plans. Until the approved access is complete and available for use, traffic management shall be in place as required in accordance with the following details: - TRAFFIC MANAGEMENT PLAN, SR057.1 - TRAFFIC MANAGEMENT PLAN, SR057.2 - TRAFFIC MANAGEMENT PLAN, SR058 Reason: In the interests of highway safety in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
15. The vehicular access, hereby approved, shall be ungated and remain so for the lifetime of the development. Reason: In the interests of Highway safety, in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
16. Prior to first occupation/use of the building, hereby approved, vehicle-to-vehicle, and cycle visibility splays shall be provided in accordance with the details shown on the approved plan (5532/001 F) and kept free of any obstructions over 600mm in height above ground level. Reason: In the interest of highway safety in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
17. No development shall commence until fully operational wheel cleaning equipment has been installed on all exits from the site and the area between the wheel wash and the public highway is hard surfaced in either concrete or tarmacadam and maintained free from mud, slurry or any other form of contamination whilst in use. All vehicles leaving the site shall pass through the wheel cleaning equipment which shall be sited to ensure that vehicles are able to leave the site and enter the public highway in a clean condition and free of debris which could fall onto the public highway. The wheel cleaning equipment shall be retained on site in full working order for the duration of the construction period. Reason: In the interest of highway safety in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
18. Temporary construction facilities shall be provided clear of the public highway for the parking, turning, loading and unloading of all vehicles visiting the site, and for the storage of materials, during the construction period. Reason: In the interests of highway safety in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
19. Off-site highway works to relocate the parking laybys on Silver Hill which are affected by the accesses shall be completed in accordance with the principles shown on the approved plan (5532/001 F) within two months of the date of this decision. Until the parking laybys are completed and available for use, traffic management shall be in place as required in accordance with the following details: - TRAFFIC MANAGEMENT PLAN, SR057.1 - TRAFFIC MANAGEMENT PLAN, SR057.2 - TRAFFIC MANAGEMENT PLAN, SR058 Reason: In the interest of highway safety in accordance with Policy LP13 of the Adopted Peterborough Local Plan.
20. The first and second floor windows of the development, hereby permitted, as illustrated on Elevation C - West Elevation on approved drawing number Proposed Building Elevations, AA8723-2008-Rev E, shall fitted and permanently maintained with obscure glazing. Reason: To preserve the private amenity of adjoining residents, in accordance with Policy LP17 of the Peterborough Local Plan (2019).
21. The development shall hereby approved shall be in accordance with the following scheme which specifies the provisions for mechanical ventilation of the site: -DN17-1014914-5A-AP-20241121-MVHR noise levels-Rev0 The ventilation shall thereafter be retained and maintained as such in perpetuity. Reason: In the interest of providing satisfactory amenity for future occupiers, in accordance with Policy LP17 of the Peterborough Local Plan 2019.
22. The development hereby permitted shall be carried out in accordance with the following approved plans and documents, unless specifically superseded by virtue of details submitted in respect of conditions 2-17 above: Plans - Proposed Site Plan - Site Location Plan AA8723-2001 Rev E - Proposed Ground Floor Plan - AA8723-2002 Rev E - Proposed First Floor Plan - AA8723-2003 Rev D - Proposed Second Floor Plan - AA8723-2004 Rev D - Proposed Third Floor Plan - AA8723-2005 Rev D - Proposed Roof Plan - AA8723-2006 Rev D - Proposed Building Elevations - AA8723-2008 Rev E - Proposed Sectional Elevations - AA8723-2009 Rev E - Landscape Masterplan - 1672-L1 Rev G - Landscape Sections and Elevations - 1672-L2 Rev E - North East Elevation ref 7043-W-0701-P2 (received 14/09/23) - South West Elevation ref 7043-W-0700-P2 (received 14/09/23) - Bay Studies 1-3 (received 12/09/23) Documents - Transport Statement, MT/HC/5532/TS.3, April 2021, subject to the revisions and additions contained within the Transport Statement Addendum, MT/5644/ATN.2, dated August 2021 - Travel Plan, MT/HC/5532/FTP.3, April 2021 - Energy and Sustainability Statement, by JRB Environmental Design Ltd - Preliminary Ecological Appraisal, by Applied Ecology, dated 21.10.20 - most notably the recommendations with regard to bird and bat boxes - Arboricultural Impact Assessment from Hayden's Arboricultural Consultants, dated 15th April 2021 - External Materials Schedule ref 7043-W-4100 (received 08/09/23) - Remediation Strategy ref 230722 (received 08/09/2023) - SUDS Maintenance Strategy Report (ref C8481-ODP-DS-Rev A, October 2023) - Hard Landscape General Arrangement Plan PW.1672.L4.RevA (received 03/10/23) - Soft Landscape General Arrangement Plan PW.1672.L5.RevA (received 03/10/23) - Ornamental and Shrub Planting Plan PW.1672.L7.RevA (received 03/10/23) - Bulb Planting Plan PW.1672.L8.RevA (received 03/10/23) - Landscape General Arrangement Plan PW.1672.L3.RevA (received 03/10/23) - Silver Hill Tree Pit Detail PW.1672.A1.RevA (received 23/11/23) - Silver Hill Tree and Hedge Planting Plan PW.1672.L6.RevB (received 23/11/23) - External Lighting (received 06/10/2023) Reason: To clarify the approved details and to ensure the development accords with the reasoning and justification for granting approval.
23. A privacy panel shall be installed on the western side of the balconies at first, and second floor to those units located adjacent to properties in Tabor Court in accordance with the following details: -7043 Privacy panel 3D views -7043-W-0201-C11 First Floor General Arrangement Plan - Privacy panel location 1F -7043-W-0202-C10 Second Floor General Arrangement Plan Privacy panel location 2F - email confirming obscure glazing to be Pilkington satin glass or equivalent which has a minimum Privacy Level 4 The privacy panels shall be installed in accordance with the approved details prior to the occupation of these units and retained thereafter. Reason: To preserve the private amenity of adjoining residents, in accordance with Policy LP17 of the Peterborough Local Plan (2019).

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