Under Section 96A of the Town and Country Planning Act 1990 (as amended), the revised condition wording for C25 is acceptable as a non-material amendment to the development approved under planning permission reference 21/00708/FUL. The non-material amendment to the condition wording would remove the requirement for the highways improvement scheme to be submitted to and approved by the LPA. It is noted that these works will require a S278 agreement with the LHA which is covered by separate legislation. Whilst these works are required from a planning perspective, the details to achieve the improvements are not considered necessary and therefore a compliance condition is sufficient in this instance. The amendment also seeks to clarify which bus stop the scheme is required to connect to, following confusion arising from the Local Highways Authority requesting a link to the stop adjacent to Dalton Seeds rather than the closest stop opposite the site, adjacent to Pioneer Caravans. Officers have reviewed the site history and confirmed that the site is in a sustainable location, as reflected in its allocation. Therefore, while a connection to existing public transport infrastructure is justified, it is reasonable in the context of the scheme to require this connection to the nearest available bus stop, with additional services accessible within a reasonable walking distance. Accordingly, Condition 25 of planning permission reference 21/00708/FUL are hereby updated to read as below. This notice shall be appended to planning permission reference 21/00708/FUL and all other conditions attached there to remain in place and in force.
No dwelling hereby permitted shall be occupied unless and until the following scheme of highway improvements have been completed in full. The scheme shall include: - the provision of a two metre wide footway on Thorney Road to connect with the existing footway to the west of the access; - the provision of a two metre wide footway on Thorney Road to connect to the existing bus stop immediately to the east of the access, north of the Pioneer Caravans Workshop; - the removal of the redundant vehicular access; - the reinstatement of kerbstones; and - the provision of the bellmouth access. The approved scheme shall be implemented fully prior to first occupation of any dwelling. Reason: In the interests of highway safety, in accordance with Policy LP13 of the Peterborough Local Plan (2019).
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