Telephone: 01246 231111 PLANNING DECISION NOTICE TCP1

(CONDITIONAL PERMISSION) Bolsover Land Ltd Sophie Watkin ISec 10 Upper Berkeley Street London W1H 7PE NOTE: The applicant should note that this permission relates only to the submitted plans. Any deviation from them, however, small, may require further permission and should not be carried out without first finding out from this Council whether a further planning application is required.

TOWN AND COUNTRY PLANNING ACT 1990

Town and Country Planning (Development Management Procedure) (England) Order 2015 In pursuance of powers vested in the North East Derbyshire District Council under the above Act and Order, and with reference to the development described on the application and shown on the accompanying plan(s) and drawing(s):-

Application No: 19/00925/OL Proposal: Outline application (with appearance only reserved for further approval) for B1c, B2, B8 uses along with ancillary offices and detailed infrastructure (including drainage, landscaping and ecological infrastructure) (Major Development) (Amended Details) (Amended Title) Location: Former Coalite Site on land off Buttermilk Lane, Long Duckmanton Applicant: Bolsover Land Ltd NOTICE IS HEREBY GIVEN that permission for the proposed development is GRANTED subject to the following conditions:- Conditions 1 TIME LIMIT

Applications for approval of reserved matters are required before development can start and

shall be made to the Local Planning Authority before the expiration of five years from the date of this permission. The development hereby permitted shall be started within two years from the date of the approval of the last of the reserved matters to be approved.

2 APPROVAL OF RESERVED MATTERS Approval of the details of the appearance of the buildings ("the reserved matters") shall be

obtained from the Local Planning Authority in writing before any development is started.

3 APPROVED PLANS AND DETAILS The development hereby approved shall be carried out in accordance with the submitted plans

and details as follows: Proposed Phase 2 Site Plan - 18025_PL202 Rev B Proposed Site Plan Unit 1 – 18025_PL203 Rev B Proposed Site Plan Unit 2 – 18025_PL204 Rev B Proposed Ground Floor Plan – Unit 1 – 18025_PL205 Rev A Proposed Office Plans Unit 1 – 18025_PL206 Rev A Proposed Roof Plan Unit 1 – 18025 PL207 Rev A Proposed Elevations – unit 1 – 18025_PL208 Rev A Proposed Sections – unit 1 – 18025_PL209 Rev A Proposed Ground Floor Plan – Unit 2 – 18025_PL210 Rev A Proposed Office Plans – Unit 2 – 18025_PL211 Rev A Proposed Roof Plan – Unit 2 – 18025_PL212 Rev A Proposed Elevations – Unit 2 – 18025_PL213 Rev A Proposed Sections – Unit 2 – 18025_PL214 Rev A Proposed OPS Office Plans – Units 1 & 2 – 18025_PL215 Rev A Phase 2 Proposed Site Sections A-A to C-C – 18025_PL216 Rev B Phase 2 Proposed Site Sections D-D to F-F – 18025_PL217 Rev B Phase 2 Proposed Site Sections G-G to L-L – 18025_PL218 Rev A Units 1-2 Proposed Office Shelter – 18025_PL219 Rev A Units 1-2 Proposed Bun Store – 18025_PL220 Rev A Units 1-2 Proposed Sub Station Details – 18025_PL221 Rev A Units 1-2 Proposed Gatehouse – 18025_PL222 Rev A Plot 1-2 Proposed Signage – 18025_PL223 Rev A Design Framework Document – 18025_02_07_1 Rev A (22.08.19) Design and Access Statement – 18025_02_07_2 Rev A (22.08.19) Ecological Impact Overview – EclA-3201-01 (17.07.19) Planting Plan Overview – 6949.ASP.PP.1.0 Rev B Planting Plan 1 of 5 – 6949.ASP.PP.1.1 Rev B Planting Plan 2 of 5 – 6949.ASP.PP.1.2 Rev A Planting Plan 3 of 5 – 6049.ASP.PP.1.3 Rev A Planting Plan 4 of 5 – 6949.ASP.PP.1.4 Rev A Planting Plan 5 pf 5 – 6949.ASP.PP.1.5 Rev B Phase 2, Bolsover Tree Protection Plan – 9878 TPP 01 (2/3) (Aug 19) Drainage Strategy – X/SFGBolsover2019.10 Rev 3 (Aug 19) Proposed Drainage Strategy Units 1&2 – CWA-18-236-532 Rev P3 Flood Risk Assessment – X/SFGBolsover2.10 Rev 4 (Aug 19) Ordinary Watercourse Diversion (Units 1&2) – XSFGBolsover.10_06 Rev P1 Transport Assessment – VC0261 R1.2 (27.08.19) unless otherwise specifically agreed in writing by the Local Planning Authority or otherwise required by any other condition in this decision notice.

4 IMPLEMENTATION OF LANDSCAPING

All planting, seeding or turfing set out in the approved scheme of landscaping shall be carried out in the first planting and seeding season following the first occupation and use of any of the buildings hereby approved or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion (cont’d…)

of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

5 EMPLOYMENT AND TRAINING

Before the development hereby approved commences, (with the exception of exempt works) a scheme to enhance and maximise employment and training opportunities during both the construction and post construction stages/phases of the project, including a timetable for implementation, shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme shall then be implemented in full in accordance with the agreed scheme and timetable.

6 CYCLE SHELTERS

Prior to the first use of any of the buildings, hereby approved, the cycle shelters, approved as part of the scheme, shall be constructed as agreed and be made available for their use as such. They shall then be retained for that sole purpose thereafter.

7 LIGHTING

Within 56 days of the development hereby approved commencing, details of all and any external lighting proposed to be installed, placed or constructed on the site, shall be submitted to and be approved in writing by the Local Planning Authority. The agreed scheme shall then be implemented as approved and be retained as such thereafter. No other external lighting shall be placed, constructed or erected on their site.

ARCHAEOLOGY 8 No development shall take place on the areas identified on plan BLL-PL1&2_EXCL_AREA as

the “Licensed GCN Mitigation Area” and the “Former Branch Line Exclusion Area” or on any part of the application site to the south, east or south east of those areas until a Written Scheme of Investigation (WSI) for archaeological work has been submitted to and been approved by the Local Planning Authority in writing, and until any pre-start element of the approved scheme has been completed as agreed.

The WSI scheme shall include an assessment of significance and research questions and

contain: 1. The programme and methodology of site investigation and recording 2. The programme for post investigation assessment 3. The provision to be made for analysis of the site investigation and recording 4. The provision to be made for publication and dissemination of the analysis and records of the site investigation 5. The provision to be made for archive deposition of the analysis and records of the site investigation 6. The nomination of a competent person or persons/organization to undertake the works set

out within the WSI. 9 No part of the development, hereby approved, shall take place other than in accordance with

the archaeological WSI approved under condition 8 above.

10 No building, hereby approved, shall be occupied/first used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological WSI approved under condition 8 above and the provision made for the analysis, publication and dissemination of results and archive deposition has been secured as agreed.

DRAINAGE 11 Prior to the first use/occupation of any of the buildings hereby approved the drainage strategy

titled "Bolsover Land Ltd Former Coalite Works - Phase 2A (Units 1&2) Buttermilk Lane, Bolsover Drainage Strategy", Mayer Brown (August 2019) shall be implemented in full. The implemented scheme shall then be retained as such thereafter.

12 The site shall be developed with separate systems of drainage for foul and surface water on

and off site. 13 In accordance with the details submitted and approved as part of condition 11 above, no piped

discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed.

14 Surface water run-off from any hardstanding (equal to or greater than 800 square metres)

and/or any vehicle parking area(s) of more than 50 spaces must pass through an oil, petrol and grit interceptor/separator of adequate design that has been submitted to and been approved in writing by the Local Planning Authority, prior to any discharge to an existing or prospectively adoptable sewer.

15 ECOLOGY - BIODIVERSITY METHOD STATEMENT No development, with the exception of any works in association with the creation of ponds

located within the area identified as “existing agreed location of ponds” on the approved plans, shall take place until a Biodiversity Method Statement, including the mitigation measures contained in the submitted details, has been submitted to and been approved in writing by the Local Planning Authority. The content of the method statement shall include details for the:

(i) Creation of new wildlife features, e.g. erection of bird boxes including barn owl boxes,

bat boxes and ponds; (ii) Creation, restoration and enhancement of semi-natural habitats; (iii) Tree, hedgerow, shrub and wildflower planting/establishment; (iv) Habitat removal and reinstatement/replacement; (v) Shaping of new landforms associated with habitat creation, e.g. pond construction; (vi) Provision of mitigation for great crested newt and reptiles; (vii) Timetable for implementation. The scheme shall then be implemented in accordance with the approved details and

timescales and be retained as such thereafter.

16 ECOLOGY - LANDSCAPE AND ECOLOGICAL MANAGEMENT PLAN

Concurrent with the submission of the first of any reserved matters application, as required by condition 2 above, for the development hereby approved, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and be approved in writing by the Local Planning Authority. The content of the LEMP shall include the following:

(i) A description and evaluation of all/any features to be retained/created/managed, both on or off site.

(ii) The ecological trends and constraints on and off site that might influence management. (iii) The aims and objectives of all management proposals. (iv) The appropriate management options for achieving the aims and objectives of the

LEMP. (v) The prescriptions for management actions. (vi) The preparation of a work schedule (including an annual work plan capable of being

rolled forward over a five-year period). (vii) The details of the body or organisation responsible for the implementation of the plan. (viii) All ongoing monitoring and remedial measures. (ix) A timetable for implementation. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-

term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

The plan shall also set out (where the results from monitoring show that the conservation aims

and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

The approved plan shall then be implemented wholly in accordance with the approved/agreed

details and be retained as such thereafter. 17 ECOLOGY - CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN

No part of the development, hereby approved, shall take place until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and been approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following:

(i) A risk assessment of potentially damaging construction activities. (ii) An identification of "biodiversity protection zones". (iii) The practical measures (both physical measures and sensitive working practices) to

avoid or reduce impacts during construction. (iv) The location and timing of sensitive works to avoid harm to biodiversity features. (v) The times during construction when specialist ecologists need to be present on site to

oversee works. (vi) The responsible persons and lines of communication. (vii) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly

competent person. (viii) The use of protective fences, exclusion barriers and warning signs. (ix) The timetable for implementation. The approved CEMP shall then be adhered to and implemented throughout the entire

construction period in accordance with the approved details.

18 TRANSPORT - ROAD IMPROVEMENT Prior to the first occupation/use of any unit/building, hereby approved, the improvements to

Buttermilk Lane (as identified in the Transport Assessment dated 27th August 2019, reference VC261 R1.2), including the creation of the new roundabout junction with Buttermilk Lane, shall have been constructed in accordance with the submitted plans save insofar as they may be altered/amended to incorporate any provision for cycle use in which case they will be implemented as submitted with the addition of the cycle way provision.

19 TRANSPORT – OFF SITE HIGHWAY MITIGATION

a) Prior to the first occupation/use of any unit/building, hereby approved, construction mitigation measures, as highlighted in the Transport Assessment dated 27th August 2019 - reference VC261 R1.2, shall be carried out at the A632 Chesterfield Road/Markham Lane/Buttermilk Lane roundabout junction and the Intake Road/Riverside Road roundabout junction, generally in accordance with the submitted details, but more specifically in accordance with detailed designs which shall be submitted to and be agreed in writing with the Local Planning Authority.

b) Prior to 50% occupation/first use of the buildings hereby approved, construction mitigation measures, as highlighted in the Transport Assessment dated 27th August 2019 - reference VC261 R1.2, shall be carried out at the Staveley Road/A632 Chesterfield Road traffic signal controlled junction and Sutton Lane/A632 Chesterfield Road roundabout, generally in accordance with the submitted details, but more specifically in accordance with detailed designs which shall be submitted to and be agreed in writing with the Local Planning Authority.

20 CONSTRUCTION

Before the development hereby approved, commences a scheme shall be submitted to and be

approved in writing by the Local Planning Authority indicating: (i) A construction traffic routeing plan (ii) The proposed temporary means of construction access (iii) Site accommodation (iv) Areas for the storage of all/any plant and materials (v) Areas for the parking and manoeuvring of site operatives' and visitors' vehicles (vi) Areas for the loading, unloading and manoeuvring of goods vehicles (vii) The hours of operation of the site, and, (viii) The method for the prevention of debris being spilt onto the highway. Before any other operations are started the approved scheme/details shall be fully

implemented in accordance with the agreed scheme and then be retained/operated as such throughout the entire construction period.

21 HIGHWAYS - TRAVEL PLAN

Prior to the first occupation/use of any building on site a Travel Plan shall be submitted to and be approved in writing by the Local Planning Authority.

The Travel Plan shall set out proposals (including a timetable and methods of monitoring the

performance of the Plan) to promote travel by sustainable modes. Once approved the plan shall be implemented in accordance with the timetable set out therein. (cont’d…)

On each anniversary of the date of the first occupation/use of any building on the site, a report

demonstrating progress in promoting sustainable transport measures along with measures to address any failure to achieve the aims and objectives of the Plan, shall be submitted in writing to the Local Planning Authority. The reports shall be submitted on each anniversary for a period of five years inclusive from the date of the first use/occupation of any building on the site.

22 HIGHWAYS – CLOSURE OF REDUNDANT ACCESSES

Within 21 days of the approved permanent access first being taken into use, any existing (redundant) access points to the site from Buttermilk Lane shall be permanently closed and the highway margin reinstated with full height kerbs and verge / footway.

23 HIGHWAYS – PARKING

Notwithstanding the originally submitted details, prior to the first use/occupation of the building(s) hereby approved the parking and manoeuvring areas for all/any associated employees, visitors, service and delivery vehicles shall be laid out, constructed and appropriately marked in accordance with detailed designs that shall have previously been submitted to and approved in writing by the Local Planning Authority. The proposals shall include for appropriate secure cycle parking and for the provision of electric vehicle charging points within the designs. The agreed details shall then be retained as approved thereafter.

24 BOUNDARY TREATMENTS Notwithstanding any previously submitted details, within 56 days of the development hereby

approved, commencing, with the exception of exempt works a plan to show the positions, design, materials, height and type of all/any boundary treatments to be erected and/or retained shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the first occupation/use of any building hereby approved and be retained as agreed thereafter.

Specifically, no boundary detail shall be placed/erected/located/installed within 4 metres of the

rear edge of the kerb to the newly aligned Buttermilk Lane. 25 PONDS Prior to their formation/construction, the precise details of the earthworks/excavation

necessary to form the ponds proposed to the eastern boundary of the site within the area identified as “existing agreed location of ponds” on the approved plans shall be submitted to and be approved in writing by the Local Planning Authority. The ponds shall then be formed as agreed and be retained as such thereafter.

26 SITE INVESTIGATION AND REMEDIATION (Biological Effluent Treatment Works) Notwithstanding any previously submitted details no part of the development, hereby approved,

or other works (except “exempt works” as defined) shall be carried out or commenced until a site investigation and risk assessment on the ‘Former Biological Effluent Treatment Plant’ as indicated on drawing reference (GJ036-04-ADDITIONAL SI-DR01,) (to assess the nature and extent of any contamination) and a written report of the findings

(including how any contamination is to be addressed/remediated) has been submitted to and been approved in writing by the Local planning Authority. (cont’d…) The report shall include at least the following:

(i) a survey of the extent, scale and nature of all/any 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, ground waters and surface waters, ecological systems and any archeological sites and ancient monuments; (iii) an appraisal of all remedial options considered, including their impact from an odour

management perspective, and, (iv) a timetable for the implementation of the remediation to be undertaken.

The demolition of the ‘Former Biological Treatment Plant’ structures will be required in order to facilitate the required intrusive investigation works. All such works must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination (CLR11).

The agreed scheme of works shall then be implemented in full as approved.

27 MARKHAM VALE BRANCH LINE Within the Former Branch Line Exclusion Area and the Licensed Great Crested Newt

Mitigation Exclusion Area shown on plan ref BLL-PL1&2-EXCL AREA no works of any kind, including any exempt works, other than the landscaping and GCN habitat improvement as approved, shall be undertaken and specifically no alteration of the landform or topography within either area shall take place.

28 SITE REMEDIATION (Remainder of the Site) No part of the development, hereby approved, shall be carried out or commenced (except

‘exempt works’ as defined) until the site has been fully remediated in accordance with all the requirements and details set out in condition 26 above, the strategy set out in “Former Coalite Works – Plots 1-3 Remediation Strategy (dated April 2019)” and the odour management plan contained in ‘Plots 1-8, Former Coalite Site, Bolsover – Odour Management Plan’, G & J Geoenvironmental Consultants Ltd, GJ036-Plots1-8 OMP-V4-Final, May 2018” unless expressly modified by any other condition contained in this notice.

In the event of conflict during the remediation works between the remediation methodology and odour management, odour mitigation shall prevail. The remediation undertaken 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 site after remediation and only material from the former Coalite complex shall be remediated at the site.

ADDITIONAL CONTAMINATION

29 In the event that any other type of additional contamination, not previously identified in the details set out in condition 26 and 28 above, is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken of that additional contamination and, where remediation is necessary, the remediation scheme(s) must be

revised in accordance with details to be approved in writing by the Local Planning Authority. The agreed scheme shall then be implemented in accordance with the agreed details.

30 Prior to the development, hereby approved, commencing, except any exempt works as

defined, details of a validation sampling exercise, including a timetable for its implementation, along the southern/south eastern boundary of plots 1 and 2, abutting the Former Branch Line Exclusion Area and Licensed Great Crested Newt Mitigation Exclusion Area as identified on plan ref BLL-PL1&2-EXCL AREA shall be submitted to and be approved in writing by the Local Planning Authority. The agreed sampling exercise shall then be undertaken as agreed.

31 VERIFICATION REPORT No part of the development, hereby approved, shall be carried out or commenced (except

‘exempt works’ as defined and/or any/all of the remediation works pursuant to conditions 26, 28 and 29 above) until an independent assessment (to be undertaken by an assessor jointly agreed by the applicant and the Local Planning Authority) has taken place to verify that the remediation works have been completed in accordance with the requirements of conditions 26, 28, 29 and 30. The verification report as a minimum must include the information specified in Section 5 of “Former Coalite Works – Plots 1-3 Remediation Strategy (dated April 2019)” and information with relevant data to demonstrate that the previously agreed remediation targets have been achieved in relation to contamination.

32 ASBESTOS Prior to the development, hereby approved, commencing an asbestos in soils risk assessment

and mitigation strategy must be carried out for the entire site and be agreed in writing with the Local Planning Authority. The strategy shall include any recommended mitigation and monitoring measures together with a timetable for their implementation. The agreed strategy shall then be implemented in full as approved and verification of the measures undertaken included within the verification report required by condition 31 above.

33 IMPORTATION OF SOIL In the event that it is proposed to import soil onto site in connection with the development,

hereby approved, the proposed soil to be imported shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical testing of Soil Scheme for all parameters requested (where this is available). The results of the analysis shall meet the site-specific clean cover targets stated within Table 4.2 of the Plots 1-3 Remediation Strategy report (dated April 2019). Only soil meeting the targets described above shall be imported for use on the site and no other soil shall be imported or used on the site.

34 GROUND GAS RISK ASSESSMENT Prior to the commencement of any construction works, hereby approved, an updated ground

gas risk assessment, including any necessary remedial measures to be carried out and a timetable for their implementation, shall be submitted to and be approved in writing by the Local Planning Authority. The agreed scheme shall then be implemented as approved and validated as being completed in accordance with the requirements of condition 31 above.

35 SITE PROTECTION

Prior to any building, hereby approved, being first occupied/used, a verification report(s) shall be submitted to and be approved in writing by the Local Planning Authority providing evidence that remediation of the entire Coalite development site shown edged red on Drawing No: 18025_SK99 AA_has been undertaken in accordance with the site-specific remediation targets stated within Table 4.1 of Summary of Detailed Quantitative Risk Assessments (DQRAs) and Remedial Targets report (dated August 2016) and Table 4.1 of the Plots 1-3 Remediation Strategy report (dated April 2019). NOISE

36 The rating level of the sound emitted from fixed plant at the site where measured at or

calculated to, a position representing any residential boundary which may suffer a loss of aural amenity from sound associated with the development shall not exceed 44 dB LAeq between 07:00 hours and 23:00 hours (daytime) and 37dB LAeq between 23:00 – 07:00 (night time). The measurements and assessment shall be made in accordance with BS4142: 2014 Methods for rating and assessing industrial and commercial sound.

37 The development, hereby approved, shall not be brought into use unless and until further

clarification regarding the noise assessment and the sound levels emanating from the site has been provided and, if required, an updated scheme specifying the provisions to be made for the control of sound has been submitted to and approved in writing by the Local Planning Authority. The assessment shall demonstrate that the rating level of the sound, corrected for acoustic features, measured at or calculated to, a position representing any residential boundary which may suffer a loss of aural amenity from sound associated with the development, does not exceed the residual sound level identified within the Noise and Air Quality report (MEC ref: 23642/07-18/6028 Rev B August 2019) The scheme, as approved, shall be implemented in full and validated by a competent person. The scheme, as validated, shall then be retained as agreed thereafter.

The references in this condition to rating level and residual sound level have the same meaning as those defined in BS4142: 2014 Methods for rating and assessing industrial and commercial sound.

38 AIR QUALITY

The development consists of phases, namely remediation and construction (bringing land and buildings into employment use). No work or development within these phases shall take place until an Environmental Management System for that phase of the development has been submitted to and approved in writing by the Local Planning Authority which shall include:

i. Air quality management which manages nuisance emissions (such as dust and health implicated emissions, identifies mitigation measures to control emissions during adverse weather conditions and emergencies and monitoring for fine particulate matter, with all monitoring results available to the Local Planning Authority upon request. ii. Noise and vibration controls including hours of working, methodology for monitoring noise

and vibration, procedures for dealing with complaints and any mitigation measures required. The agreed Environmental Management Strategies shall then be implemented as approved. Reasons for Conditions 1 To comply with the provision of Section 92 (as amended) of the Town and Country Planning

Act 1990. 2 The application is in outline only and not accompanied by details of the buildings' appearance.

3 For clarity and the avoidance of doubt. 4 In the interest of the appearance of the area and to ensure any/all trees/plants are retained as

agreed. 5 To secure the optimum social and economic benefits of the scheme for the local economy. 6 To ensure that proper provision for cycle storage is achieved to enable balanced sustainable

transport options are secured. 7 As no details of external lighting have been submitted and to protect the overall amenity of the

area from excessive lighting and light pollution. 8 In the interests of protecting the archaeological significance of the site. 9 In the interests of protecting the archaeological significance of the site. 10 In the interests of protecting the archaeological significance of the site. 11 The strategy forms part of the submitted information and in the interests of ensuring the does

not adversely affect the capacity and effectiveness of the existing surface water network. 12 In the interest of satisfactory and sustainable drainage. 13 To ensure that the site is properly drained and in order to prevent overloading, surface water is

not discharged to the public sewer network. 14 To prevent pollution of the aquatic environment and protect the public sewer network. 15 To ensure the biodiversity of the area is maintained and improved, to reflect issues raised in

the submitted details and in the interests of sustainable development. 16 To ensure the biodiversity of the area is maintained and improved, to reflect issues raised in

the submitted details and in the interests of sustainable development. 17 To ensure the biodiversity of the area is maintained and improved, to reflect issues raised in

the submitted details and in the interests of sustainable development. 18 In the interests of highway safety. 19 In the interests of highway safety. 20 In the interests of highway safety. 21 To encourage the use of alternative forms of transport and less reliance on the use of the

private motor car and in the interests of highways safety. 22 In the interests of highway safety. 23 In the interests of highway safety. 24 As no details have been submitted of these works and in the interest of the appearance of the

area.

25 As no details have been submitted of these works and in the interest of the appearance of the

area. 26. To ensure that development is carried out without any risk to human health and controlled

waters. 27 As no details of any earthworks or remediation of this area has been undertaken and to ensure

that development is carried out without any risk to human health and controlled waters. 28 To ensure that development is carried out without any risk to human health and controlled

waters. 29 To ensure that development is carried out without any risk to human health and controlled

waters. 30 To ensure that development is carried out without any risk to human health and controlled

waters 31 To ensure that development is carried out without any risk to human health and controlled

waters 32 To ensure that development is carried out without any risk to human health and controlled

waters. 33 To ensure that development is carried out without any risk to human health and controlled

waters. 34 To ensure that development is carried out without any risk to human health and controlled

waters. 35. To protect those constructing and working within the units, hereby approved. 36 To protect the amenity of nearby residential property occupiers 37 To protect the amenity of nearby residential property occupiers 38 To protect the amenity of nearby residential property occupiers Statement in accordance with The Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015 and Paragraph 38 of the National Planning Policy Framework In determining this application the Local Planning Authority has worked proactively with the applicant(s) to secure a development that would improve the economic, social and environmental conditions of the area (as appropriate to the specific case). This is in accordance with paragraph 38 of the National Planning Policy Framework. Notes 1. The proposed development lies within a coal mining area which may contain unrecorded coal

mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

2. In accordance with the Town & Country Planning (fees for Applications and Deemed

Applications) (Amendment) (England) Regulations 2008 a fee is payable to discharge any condition(s) on this planning permissions. The fees are as follows: £116 for each request to discharge condition(s) where the planning permission relates to any type of development other than a householder proposal. The fee is payable for each individual request made to the Local Planning Authority.

3. Pursuant to Sections 149 and 151 of the Highways Act 1980, the applicant must take all

necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant’s responsibility to ensure that all reasonable steps (e.g. street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.

4. Pursuant to Section 278 of the Highways Act 1980 and the provisions of the Traffic

Management Act 2004, no works may commence within the limits of the public highway without the formal written Agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in Section 278 Agreements may be obtained by contacting the County Council via email - ete.devcontrol@derbyshire.gov.uk. The applicant is advised to allow approximately 16 weeks in any programme of works to obtain a Section 278 Agreement.

5. Pursuant to Section 127 of the Highways Act 1980, no works may commence within the limits of

the public highway to reinstate the footway and redundant vehicular access without the formal written Agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in Section 127 Agreements may be obtained by contacting the County Council via email – highways.hub@derbyshire.gov.uk. The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a Section 127 Agreement.

6. Pursuant to Section 184 of the Highways Act 1980 and Section 86(4) of the New Roads and

Streetworks Act 1991 prior notification shall be given to the Department of Economy, Transport and Communities at County Hall, Matlock regarding and construction access works within the highway. Information and relevant application forms, regarding the undertaking of access works within highway limits, are available via the County Council's website www.derbyshire.gov.uk, email Highways.Hub@derbyshire.gov.uk or telephone 01629 533190.

7 Temporary traffic management may be required during the works and the developer is advised

to contact Derbyshire County Council's Highways Hub – highways.hub@derbyshire.gov.uk regarding this matter.

8 In accordance with the provisions of Section 96A of the Town and Country Planning Act which

came into force 1st October 2009, any amendments to the approved plans will require either a formal application for a non-material amendment (for which a fee of £34/£234 would be required) or the submission of a full planning application for a revised scheme. Please discuss any proposed amendments with the Planning Officer.

9 You are advised that the Council will not provide refuse recycling and composting bins for the

development hereby approved. The developer will be expected to either provide the bins under guidance from the Council or to underwrite the cost of providing the bins and their delivery. If

further advice on this issue is needed you should contact the Council's Waste Collection Service on 01246 217610.

10. Drainage i) the developer should also note that the site drainage details submitted have not been

approved for the purposes of adoption or diversion. If the developer wishes to have the sewers included in a sewer adoption/diversion agreement with Yorkshire Water (under Sections 104 and 185 of the Water Industry Act 1991), they should contact our Developer Services Team (tel 0345 120 84 82, email:technical.sewerage@yorkshirewater.co.uk ) at the earliest opportunity. Sewers intended for adoption and diversion should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition, as supplemented by Yorkshire Water's requirements.

ii) the developer is required to consult with Yorkshire Water's Trade Effluent team (telephone

03451 242424) on any proposal to discharge a trade effluent to the public sewer network; iii) foul water from kitchens and/or food preparation areas of any restaurants and/or canteens

etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network.

iv) under the provisions of section 111 of the Water Industry Act 1991 it is unlawful to pass into

any public sewer (or into any drain or private sewer communicating with the public sewer network) any items likely to cause damage to the public sewer network interfere with the free flow of its contents or affect the treatment and disposal of its contents. Amongst other things this includes fat, oil, nappies, bandages, syringes, medicines, sanitary towels and incontinence pants. Contravention of the provisions of section 111 is a criminal offence.

11. EXEMPT WORKS DEFINITION - For the purposes of this decision notice exempt works comprise the following:

Great Crested Newt and Grass Snake trapping and clearance - for which a license will be secured prior to start;

Site remediation works in accordance with the scheme approved under the conditions set out above.

Site preparation;

Site reclamation;

Site or soil investigations;

Survey of existing structures;

Demolition and site clearance;

Archaeological works or ancillary archaeological works in accordance with the scheme approved under the conditions set out above.

Preliminary landscaping;

Service diversions or decommissioning;

The erection of fences or hoardings and scaffolding; and

Temporary and/or permanent extinguishment and closure of public rights affecting the site and any operations permitted by the Town and Country Planning (General Permitted Development) Order 2015.

12 The applicant is advised that the application site is in close proximity to land that may be

required to construct and/or operate Phase 2b of a high speed rail line from Crewe to Manchester and the West Midlands to Leeds, known as High Speed Two. Powers to construct and operate High Speed Two are to be sought by promoting a hybrid Bill in Parliament. More information can be found at: https://www.gov.uk/government/organisations/high-speed-two-limited.

Dated: 18th May 2020 Signed:………………………………….. Authorised Officer of the Council

ATTENTION IS DRAWN TO THE ATTACHED NOTES