Agenda item

Conditional approval as per the Officer recommendation together with an additional condition to read:-

(41) No phase or sub-phase of the development hereby approved in outline shall be commenced (including site clearance) unless, and until, a Biodiversity Impact Assessment has been submitted to and agreed in writing by the Local Planning Authority (hereinafter known as the ‘Approved Scheme’). The Approved Scheme shall include:

(a) Prescriptions to measure and monitor biodiversity gains or losses for each phase or sub-phase of the development (whether completed, underway or yet to commence) in accordance with the Defra Biodiversity Offsetting Metric as applied in the area in which the site is situated at the relevant time;

(b) Details of any offsetting measures together with a management plan for the provision and maintenance of such offsetting measures for not less than 30 years from the date of implementation of the scheme (hereinafter known as the ‘Offsetting Measures Scheme’) and the provision of contractual terms to secure the delivery of the offsetting measures where there is biodiversity loss identified in (a) above;

(c) Any other mechanisms to account for biodiversity loss identified in (a) above; and

(d) A completed Biodiversity Metric which assesses the biodiversity impact value of the development. The Approved Scheme shall be implemented in accordance with the requirements of the Offsetting Measures Scheme or any variation approved by the Local Planning Authority.

Reason: In the interests of protecting valuable ecologically important land in accordance with Policy P10 of the Solihull Local Plan 2013.

That Condition 17 (landscape maintenance) be deleted and replaced with re-worded Condition 18, as follows:-

(18) No development shall take place until a schedule of landscape maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

Not later than the 1^st October in each of the 5 calendar years following the planting of any trees, hedges or shrubs on this site in connection with the development hereby permitted the operator shall submit to the Local Planning Authority a written statement detailing:

a)  The number, location and species of any trees, shrubs, hedge plants which have died, become diseased or seriously damaged in the preceding 12 months; and

b)  Proposals for the replanting and maintenance of any such failures with plants of similar size and species within the following six months.

SMBC Public Protection recommend an additional condition in relation to ground remediation, as follows:

“Unless otherwise agreed in writing by the local Planning Authority development, other than that required to be carried out as part of an approved scheme of remediation, must not commence until conditions 1-6 have been complied with:-

1.  A preliminary risk assessment (a Phase I desk study) submitted to the Local Authority in support of the application has identified unacceptable risk(s) exist on the site as represented in the Conceptual Site Model. A scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken to address those unacceptable risks identified. The scheme must be designed to assess the nature and extent of any contamination and must be led by the findings of the preliminary risk assessment. The investigation and risk assessment scheme must be compiled by competent persons and must be designed in accordance with the Environment Agency’s ‘Land Contamination: Risk Management’ guidance.

2.  The detailed site investigation and risk assessment must be undertaken in accordance with the Scheme and a written report of the findings produced. This report must be approved in writing by the Local Planning Authority prior to any development taking place.

3.  Where the site investigation identified remediation is required, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation 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.

4.  The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.

5.  Following the completion of the measures identified in the approved remediation scheme a validation report that demonstrates the effectiveness of the carried out must be produced, and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings.

6.  In the event that contamination is found at any time, when carrying out the approved development that was previously identified, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where necessary a remediation scheme must be prepared, these will be subject to the approval of the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme a validation report must be prepared, which is subject to the approval in writing by the Local Planning Authority prior to the occupation of any buildings.

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological system, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy P14 of the Solihull Local Plan 2013.