Freshwater Skatepark Planning Conditions
1. The development hereby permitted shall be begun before the expiration of 3 years from date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2. The development hereby permitted shall only be carried out in complete accordance with the details shown on the submitted plans, numbered:
• Gravity Risk Assessment Matrix 18.03.2024
• Gravity Methods Statement
• Location plan: GEFW03_1_1250
• Skate Park Management Policy 2
• Noise Impact Assessment 27th October 2023
• Boundary Treatments GEFW-I
• Block Plan
• Cross section details-elevations
Reason: For the avoidance of doubt and to ensure the satisfactory implementation of the development in accordance with the aims of policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy.
3. Prior to the first use of the development, an updated Site Management Plan, with reference to the use of the applied areas, demonstrating appropriate controls in respect of on-site caretaking duties, site security, response in the event of complaints and general community liaison shall be submitted to and agreed in writing with the Local Planning Authority. Following the condition discharge of this condition, an updated Site Management Plan shall be submitted every 12 months for review. This practice shall remain in perpetuity unless agreed in writing by the Local Planning Authority. The development shall be undertaken in accordance with the agreed details.
Reason: In the interests of ensuring the high quality of the design solution proposed does not impede the amenities of neighbouring uses by way of causing annoyance, whilst complying with policy DM2 (Design Quality) of the Island Plan Core Strategy. Moreover, the above condition considers Para.185(a) of the National Planning Policy Framework (NPPF). This is a pre-commencement condition due to …
4. Prior to commencement of each phase of the development (including site clearance and preparation) a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority in respect of;
• Steps to prevent material being deposited on the highway as a result of any operations on the site in connection with the approved development. Such steps shall include the installation and use of wheel cleaning facilities for vehicles connected to the construction of the development. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator.
• The parking, loading, unloading, circulation and turning off all construction vehicles to include for operative vehicles within the confines of the site throughout the build process.
• Should outline measures to prevent impacts on nearby properties, including hours of working, storage areas for plant and machinery and parking and access arrangements for construction vehicle.
• The location and extent of temporary construction access and safety measures for construction traffic and contact details (including in the event of emergencies).
The agreed facilities shall be installed prior to the commencement of development and shall be retained in accordance with the approved details during the construction phase of the development.
Reason: This is a pre-commencement condition to prevent annoyance and disturbance to nearby properties from the development and to comply with the requirements of policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy. This is a pre-commencement condition because the aim of the condition is to ensure that the construction phase is managed in a suitable manner.
5. Prior to commencement, a Biodiversity Mitigation and Enhancement Plan, detailing locations of bird and bat boxes, hedgehog dome and detail of landscaping (i.e., grassland seeding and proposed enhancements across wider site) and a Methodology for the longer-term management of habitats created, shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be undertaken in accordance with the agreed details.
Reason: To avoid impacts to, and to ensure the favourable conservation status of protected species and habitats, in the interests of the ecological value and visual amenity of the area and to comply with the requirements of policy FNP 12 – Natural Environment of the Freshwater Neighbourhood Plan, policies SP5 (Environment), DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy, section 15 of the NPPF and the Environment Act 2021. This is a pre commencement condition due to the requirement to protect ecology at all stages of site works.
6. No external lighting shall be installed within the boundary of the site as outlined on location plan: GEFW03_1_1250
Reason: To protect the amenities of nearby residential properties, to prevent light pollution from harming the character of the surrounding area and to protect protected species in order to comply with the requirements of policies DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.
7. No external hard surfaces associated with the development approved, shall be constructed until details of the materials to be used for external hard surfaces have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: In the interests of the amenities of the area and to comply with policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy.
8. No development shall take place until an Ecological Management Plan (EMP) has been submitted to and approved in writing by the Local Planning Authority. The EMP shall set out measures to protect wildlife during both construction and operational phases of the development, based on the principles of the Preliminary Ecology Appraisal. The EMP shall include the following additional information:
• The methods of construction and works for clearing vegetation to prevent harm to protected species;
• Details of working methods to prevent harm to protected species;
• Details of how terrestrial mammals, reptiles and important habitats will be protected during the construction phase;
• This must include details of the use of fencing around construction site and to protect woodland and rough grassland habitats at the edges of the site (where necessary),
• Measures to prevent open trenches from infilling with water, to prevent trapping of wildlife
• Use of escape ramps in excavations
• Details of, lock-up of chemicals,
• Minimal and directional lighting during construction,
• Biosecurity and pollution prevention measures
If during any stage of development of the site protected species are identified, an ecologist should be contacted to ensure compliance with wildlife regulations, including periods when works should cease due to nesting and hibernation seasons. Development shall be carried out in accordance with the approved details.
Reason: This is a pre-commencement condition to avoid impacts to, and to ensure the favourable conservation status of protected species and habitats, in the interests of the ecological value and visual amenity of the area and to comply with the requirements of policy FNP 12 – Natural Environment of the Freshwater Neighbourhood Plan, policies SP5 (Environment), DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy, section 15 of the NPPF and the Environment Act 2021. This is a pre commencement condition due to the requirement to protect ecology at all stages of site works.
9. Prior to work commencing on site details of the proposed means of surface water drainage based upon sustainable drainage principles shall be submitted to the Local Planning Authority for agreement in writing. Such details shall include calculations, detailed designs, measures relating to the design and maintenance of any on-site SUDS facilities, a phasing plan and timetable for the delivery of any required infrastructure. The agreed details shall be installed during the development of the site and be retained thereafter.
Reason: This is a pre-commencement condition to ensure a satisfactory means for the disposal of surface water from the development, and to minimise the risk of flooding. In accordance with Policy DM14 (Flood Risk) of the Island Plan Core Strategy and Government advice contained within the National Planning Policy Framework 11.
10. Prior to the first use of the development hereby approved, soft landscaping details shall be submitted to and approved in writing by the Local Planning Authority. Soft landscaping works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities. All plants shall be native species. All planting in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the commencement of the approved development and any trees or plants which within a period of 5 years from the commencement 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, unless the Local Planning Authority gives written consent to any variation.
Reason: To ensure the appearance of the development is satisfactory and to comply with the requirements of policies SP5 (Environment), DM2 (Design Quality for New Development) and DM12 (Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.
11. Development shall be carried out in accordance with the mitigation and enhancement measures set out in the Preliminary Ecological Appraisal, dated GCO Ecology Ltd, 28 February 2024)
Reason: To protect the environment and existing wildlife, and legally protected species in accordance with the aims of Policies SP5 (Environment) and DM12 ((Landscape, Seascape, Biodiversity and Geodiversity) of the Island Plan Core Strategy.
12. The temporary boundary treatments associated with the construction of the development, as shown on plan: Location Plan GEFW03_1_1250 shall be removed in their entirety from the site prior to the first use of the skate park and pump track hereby approved. No boundary treatments shall be erected without prior written consent from the Local planning Authority.
Reason: In the interests of the amenities of the area and to comply with policy DM2 (Design Quality for New Development) of the Island Plan Core Strategy.