No:

BH2022/00552

Ward:

Goldsmid Ward

App Type:

Removal or Variation of Condition

 

Address:

113 - 119 Davigdor Road Hove BN3 1RE     

 

Proposal:

Application to vary condition 18 of planning permission BH2018/02926 to change the minimum BREEAM new construction rating from 'Excellent' to a 'Very Good' standard rating.

 

Officer:

Wayne Nee, tel: 292132

Valid Date:

17.02.2022

 

Con Area:

N/A

Expiry Date: 

19.05.2022

 

Listed Building Grade:  N/A

EOT:

 

Agent:

Peter Rainer   Griffin House   135 High Street    Crawley   RH10 1DQ              

Applicant:

Withdean Commercial Property Ltd   C/o DM Stallard LLP   Griffin House   135 High Street    Crawley   RH10 1DQ           

 

 

This application was deferred from Planning Committee in September as the meeting could not go ahead.

 

1.               RECOMMENDATION

 

1.1.          That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to GRANT planning permission subject to the following Conditions and Informatives:

 

Conditions:

1.         The development hereby permitted shall be carried out in accordance with the approved drawings listed below.

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Plan Type

Reference

Version

Date Received

Location Plan

16036.100  

11 February 2022

Block Plan

16036.101  

01

11 February 2022

Report/Statement

  

Supporting Statement

11 February 2022

Proposed Drawing

100228 - 16036-232  

03

12 April 2019

Proposed Drawing

16036.203  

03

12 April 2019

Proposed Drawing

16036.204  

03

12 April 2019

Proposed Drawing

16036.205  

03

12 April 2019

Proposed Drawing

16036.206  

03

12 April 2019

Proposed Drawing

16036.207  

03

12 April 2019

Proposed Drawing

190228 - 16036-231  

03

12 April 2019

Proposed Drawing

16036.202  

02

4 March 2019

Proposed Drawing

16036.208  

02

4 March 2019

Proposed Drawing

16036.209  

02

4 March 2019

Proposed Drawing

16036.211  

02

4 March 2019

Proposed Drawing

16036.220  

02

4 March 2019

Proposed Drawing

16036.221  

02

4 March 2019

Proposed Drawing

16036.222  

02

4 March 2019

Proposed Drawing

16036.230  

02

4 March 2019

Proposed Drawing

16036.233  

02

4 March 2019

Proposed Drawing

16036.241  

02

4 March 2019

 

2.         Not used

 

3.         The development hereby permitted shall be carried out in accordance with the details of existing and proposed ground levels (referenced as Ordnance Datum) as approved under application BH2021/03715.  

Reason: As this matter is fundamental to the acceptable delivery of the permission to safeguard the amenities of nearby properties and to safeguard the character and appearance of the area, in addition to comply with policy QD27 of the Brighton and Hove Local Plan, policy DM20 of City Plan Part Two, and CP12 of the Brighton & Hove City Plan Part One.

 

4.         Five per cent of the dwellings hereby permitted shall be completed in compliance with Building Regulations Optional Requirement M4(3)(2b) (wheelchair user dwellings) prior to first occupation and shall be retained as such thereafter. All other dwelling(s) hereby permitted shall be completed in compliance with Building Regulations Optional Requirement M4(2) (accessible and adaptable dwellings) prior to first occupation and shall be retained as such thereafter. Evidence of compliance shall be notified to the building control body appointed for the development in the appropriate Full Plans Application, or Building Notice, or Initial Notice to enable the building control body to check compliance. 

Reason: To ensure satisfactory provision of homes for people with disabilities and to meet the changing needs of households and to comply with policy HO13 of the Brighton & Hove Local Plan, and policy DM1 of City Plan Part Two.

 

5.         The development hereby approved shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for use. These facilities shall thereafter be retained for use at all times. 

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling and to comply with policy QD27 of the Brighton & Hove Local Plan, and policy DM20 of City Plan Part Two.

 

6.         Not used

 

7.         None of the new build residential units hereby approved shall be occupied until each new build residential unit built has achieved a water efficiency standard using not more than 110 litres per person per day maximum indoor water consumption. 

Reason: To ensure that the development is sustainable and makes efficient use of water to comply with policy CP8 of the Brighton and Hove City Plan Part One.

 

8.         The development hereby permitted shall not be occupied until a Delivery & Service Management Plan, which includes details of the types of vehicles, how deliveries servicing and refuse collection will take place and the frequency of those vehicle movements has been submitted to and approved in writing by the Local Planning Authority. All deliveries servicing and refuse collection shall thereafter be carried out in accordance with the approved plan.  

Reason: In order to ensure that the safe operation of the development and to protection of the amenities of nearby residents, in accordance with polices SU10, QD27 and TR7 of the Brighton & Hove Local Plan, and policies DM20, DM33 and DM40 of City Plan Part Two.

 

9.         Prior to the occupation of the building hereby approved, a Car Park Management Plan outlining the management of the parking areas shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include details of the layout and parking space allocation and enforcement policies, including electric vehicle charging points and disabled parking, and details of measure of control for vehicles entering and exiting the site. The approved scheme shall be implemented prior to occupation of the building and thereafter retained at all times. 

Reason: To ensure that adequate parking provision is retained and to comply with policy CP9 of the City Plan Part One

 

10.      Not Used

 

11.      The vehicle parking area shown on the approved plans shall not be used otherwise than for the parking of private motor vehicles and motorcycles belonging to the occupants of and visitors to the development hereby approved.  

Reason: To ensure that adequate parking provision is retained and to comply with policy CP9 of the City Plan Part One.

 

12.      Prior to first occupation of the development hereby permitted, details of secure cycle parking facilities for the occupants of, and visitors to, the development shall have been submitted to and approved in writing by the Local Planning Authority. The approved facilities, including shower facilities for the B1 use, shall be fully implemented and made available for use prior to the first occupation of the development, shall thereafter be retained for use at all times and adhere to design guidance.  

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy TR14 of the Brighton & Hove Local Plan, and policy DM33 of City Plan Part Two.

 

13.      Prior to first occupation of the development hereby permitted, full details of pedestrian routes to and through the development site shall have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times.  

Reason: To encourage travel by more sustainable means and seek measures which reduce fuel use and greenhouse gas emissions and to comply with policies CP9 and CP12 of the City Plan Part One.

 

14.      Prior to first occupation of the development hereby permitted, a scheme for landscaping shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following:  

a.      details of all hard surfacing;  

b.      details of all boundary treatments;  

c.       details of all proposed planting, including numbers and species of plant, and details of size and planting method of any trees.  

All hard landscaping and means of enclosure shall be completed in accordance with the approved scheme prior to first occupation of the development. All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion 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 enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies QD15 of the Brighton & Hove Local Plan and CP12 of the City Plan Part One, and policy DM22 of City Plan Part Two.

 

15.      No development above ground floor slab level of any part of the development hereby permitted shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved details. 

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to comply with policies SU4 of the Brighton & Hove Local Plan, policy DM43 of City Plan Part Two, and CP11 of the Brighton & Hove City Plan Part One

 

16.      No development above ground floor slab level of any part of the development hereby permitted shall take place until a drainage strategy detailing the proposed means of foul water disposal and an implementation timetable, has been submitted to and approved in writing by, the Local Planning Authority in consultation with the sewerage undertaker. The development shall be carried out in accordance with the approved scheme and timetable.  

Reason: To ensure adequate foul sewage drainage/treatment is available prior to development commencing and to comply with policy SU5 of the Brighton & Hove Local Plan, and policy DM43 of City Plan Part Two.  

 

17.      The development hereby permitted shall not be occupied until details showing the type, number, location and timescale for implementation of compensatory bird boxes has been submitted to and approved in writing by the Local Planning Authority. The scheme shall then be carried out in strict accordance with the approved details and thereafter retained.  

Reason: To safeguard these protected species from the impact of the development and ensure appropriate integration of new nature conservation and enhancement features in accordance with policies QD18 of the Brighton & Hove Local Plan and CP10 of the Brighton & Hove City Plan Part One, policy DM37 of City Plan Part Two, and SPD11: Nature Conservation and Development.

 

18.      Within 3 months of first occupation of the non-residential development hereby permitted a BREEAM Building Research Establishment has issued a Post Construction Review Certificate confirming that the non-residential development built has achieved a minimum BREEAM New Construction rating of 'Very Good' and such certificate has been submitted to, and approved in writing by, the Local Planning Authority.

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with policy CP8 of the Brighton & Hove City Plan Part One.

 

19.      Prior to first occupation of the development hereby permitted, details of the external lighting of the site shall have been submitted to and approved in writing by the Local Planning Authority. These details shall include the predictions of both horizontal illuminance across the site and vertical illuminance affecting immediately adjacent receptors. The lighting shall be installed prior to first occupation of the development hereby permitted, and maintained and operated in accordance with the approved details thereafter. 

Reason: To safeguard the amenities of the occupiers of adjoining properties and comply with policies QD25 and QD27 of the Brighton and Hove Local Plan, and policies DM20 and DM40 of City Plan Part Two.

 

20.      No development above ground floor slab level of any part of the development hereby permitted shall take place until samples of all materials to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Planning Authority, including (where applicable): 

a)      samples of all bricks, mortar and metal cladding, 

b)      details of all hard surfacing materials, 

c)      details of the proposed window, door and balcony treatments, 

d)      details of all other materials to be used externally, 

e)      a schedule outlining all of relevant materials and external details 

Reason: To ensure a satisfactory appearance to the development and to comply with policy QD14 of the Brighton & Hove Local Plan, policy DM18 of City Plan Part Two, and CP12 of the Brighton and Hove City Plan Part One.

 

21.      No development above ground floor slab shall take place until an example bay study showing full details of window(s) and their reveals and cills including 1:20 scale elevational drawings and sections have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out and completed fully in accordance with the approved details and shall be retained as such thereafter. 

Reason: To ensure a satisfactory appearance to the development and to comply with policy CP12 of the Brighton & Hove City Plan Part One.

 

22.      Prior to first occupation of the development hereby approved, details of the photovoltaic array referred to in the Energy Statement shall be submitted to and approved in writing by the Local Planning Authority. The photovoltaic array shall then be installed in accordance with the approved details. 

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and has an acceptable appearance and to comply with policies CP8 and CP12 of the Brighton & Hove City Plan Part One.

 

23.      The development hereby permitted shall not be commenced until a detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods as per the recommendations of the Sustainable Drainage Report and Flood Risk Assessment received on 13 November 2018 has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design.  

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to comply with policy SU3 of the Brighton & Hove Local Plan, and policy DM43 of City Plan Part Two.

 

24.      No cables, wires, aerials, pipework (except rainwater downpipes as shown on the approved plans), meter boxes or flues shall be fixed to any external façade. 

Reason: To safeguard the appearance of the building and the visual amenities of the locality and to comply with policy CP12 of the Brighton & Hove City Plan Part One.

 

25.      The employment use hereby approved shall be used as offices E(g) only and for no other purpose (including any other purpose in Class E of Schedule 2 to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).  

Reason: The Local Planning Authority would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the supply of office floorspace in the city given the identified shortage and also to safeguard the amenities of the area and to comply with policy CP3 of City Plan Part One, policy DM20 of City Plan Part Two, and QD27 of Brighton & Hove City Plan Part One.

 

26.      The offices shall only be occupied and serviced between the hours of 07:00 to 19:00 hours Monday to Friday and 08:00 to 17:00 hours Saturdays with no working or servicing on Sundays, bank or public holidays. 

Reason: To safeguard the amenities of the locality and the future occupiers of the development and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan, and policies DM20 and DM40 of City Plan Part Two.

 

27.      Other than the dedicated balconies to each flat, access to the flat roofs over the building hereby approved shall be for maintenance or emergency purposes only and the flat roofs shall not be used as a roof garden, terrace, patio or similar amenity area.  

Reason: In order to protect adjoining properties from overlooking and noise disturbance and to comply with policies QD14 and QD27 of the Brighton & Hove Local Plan, and policy DM20 of City Plan Part Two.

 

28.      All hard surfaces hereby approved within the development site shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. 

Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with policy SU4 of the Brighton & Hove Local Plan, and policy DM43 of City Plan Part Two.

 

29.       

(i)      The development hereby permitted shall be constructed and carried out in accordance with the Preliminary Site Investigation Report Ref. J12101 dated 19/02/2015 and the Remediation and Validation Method Statement Version: 1.01 dated 08/11/2021 as approved under BH2021/03715.                                                                                                   

(ii)     The development hereby permitted shall not be occupied or brought into use until there has been submitted to, and approved in writing by, the local planning authority a written verification report by a competent person approved under the provisions of condition (i)b that any remediation scheme required and approved under the provisions of condition (i)b has been implemented fully in accordance with the approved details (unless varied with the written agreement of the local planning authority in advance of implementation).  Unless otherwise agreed in writing by the local planning authority the verification report shall comprise: 

a)      built drawings of the implemented scheme; 

b)      photographs of the remediation works in progress; 

c)      certificates demonstrating that imported and/or material left in situ is free from contamination.  

Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition (i) b 

Reason: To safeguard the health of future residents or occupiers of the site and to comply with policy SU11 of the Brighton & Hove Local Plan, and policy DM41 of City Plan Part Two. 

 

30.      The development hereby permitted shall be constructed and carried out in accordance with the Construction Environmental Management Plan (CEMP) as approved under BH2021/03715.

Reason: As this matter is fundamental to the protection of amenity, highway safety and managing waste throughout development works and to comply with policies QD27, SU9, SU10 and TR7 of the Brighton & Hove Local Plan, policy CP8 of the City Plan Part One, policy DM20 of City Plan Part Two, and WMP3d of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013 and Supplementary Planning Document 03 Construction and Demolition Waste.

 

31.      Noise associated with plant and machinery incorporated within the development shall be controlled such that the Rating Level measured or calculated at 1-metre from the façade of the nearest existing noise sensitive premises, shall not exceed a level 5dB below the existing LA90 background noise level. The Rating Level and existing background noise levels are to be determined as per the guidance provided in BS 4142:1997. 

Reason: To safeguard the amenities of the occupiers of neighbouring properties and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan, and policies DM20 and DM40 of City Plan Part Two.

 

32.      The development hereby permitted shall not be occupied until vehicular loading restrictions, operational from Monday to Sunday between the hours of 7-10am and 4-7pm, are introduced to the northern side of Davigdor Road, extending between a point 10metres west along the road of the south west corner boundary of 113-119 Davigdor Road and another 20metres east along the road from the south east corner of the same.

Reason: In the interest of highway safety and to comply with Brighton & Hove Local Plan policy TR7, and policy DM33 of City Plan Part Two.

 

33.      Prior to commencement of development an 'approval in principle' shall be obtained from the Highway Authority for the basement works hereby permitted adjacent to the Davigdor Road frontage of the site. The scheme benefiting from that approval in principle shall be constructed in accordance with the approval and thereafter shall be retained.

Reason: In the interests of highway safety and to comply with policy TR7 of the retained Brighton and Hove Local Plan, and policy DM33 of City Plan Part Two.

 

Informatives:

1.         In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development.  The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

 

2.         Existing Controlled Parking Zone/Residents’ Parking Scheme: You are advised that details of the development will be passed to B&HCC as Traffic Authority administering the Controlled Parking Zone, of which the development forms part, so they can determine whether occupiers should be eligible for residents’ parking permits.

 

 

2.               SITE LOCATION

 

2.1.          The application site, located on the northern side of Davigdor Road, is currently vacant. It previously consisted of a 1990s-built two storey building comprising 700sqm of office accommodation, associated parking located to the west side and rear of the site, with access from Lyon Close to the rear.  

 

2.2.          The site is bordered to the east by the seven storey currently unoccupied P&H office building 106-112 Davigdor Road (granted Prior Approval under application BH2017/03873 to convert to residential but not implemented) and three storey office building Preece House situated further to the east. At the end of the block on the corner of Montefiore Road is the locally listed Montefiore Hospital.   

 

2.3.          To the west is Artisan 121-123 Davigdor Road, a five, seven and eight storey (plus basement) building comprising 47 no. one-, two- and three-bedroom flats (approved under application BH2015/02917).  

 

2.4.          A number of one/two storey retail warehouses and trade counters sit across Lyon Close to the north (Peacock Industrial Estate), with the mainline railway beyond which separates the industrial estate from the line of semi-detached houses on Lyndhurst Road. Part of the land within the industrial estate to the north is subject to a planning application granted (BH2018/01738) to redevelop the site comprising of 4 no. buildings between 6 and 8 storeys to provide 152 dwellings and 938sqm of office accommodation.    

 

2.5.          A mix of two, three and four storey residential houses and flats sit opposite to the south on Davigdor Road. The site is opposite the junction of Somerhill Road, and so the approach on this street is a key view of the site. This street leads to the locally listed park, St Ann's Wells Gardens.

 

 

3.               APPLICATION DESCRIPTION  

 

3.1.          Planning permission is sought to vary condition 18 of planning permission BH2018/02926 to change the minimum BREEAM new construction rating from 'Excellent' to a 'Very Good' standard rating.

 

3.2.          No physical changes to the approved scheme are proposed.

 

 

4.               RELEVANT HISTORY 

 

4.1.          BH2022/02056 Non-Material Amendment to BH2018/02926 to amend the balcony material from glass balustrading to metal railing - Approved 22/07/2022

 

4.2.          BH2018/02926 Erection of a new part 5 storey, part 8 storey building providing 894sqm of office space (B1) at ground floor level, and 52no residential flats (C3) at upper levels. Creation of basement level car and cycle park, landscaping and other associated works - Approved 31/03/2020

 

4.3.          BH2014/02308 Demolition of existing building and construction of a new part 4no, part 5no, part 7no and part 8no storey building providing 700sqm of office space (B1) at ground floor level and 68no residential units (C3) to upper levels. Creation of basement level car and cycle parking, landscaping, boundary treatments and other associated works - Approved 05/11/2015

 

 

5.               REPRESENTATIONS 

None received 

 

 

6.               CONSULTATIONS 

 

Internal 

6.1.          Sustainability Officer:   No Objection  

It is recommended that Condition 18 is varied to require a BREEAM rating of Very Good, instead of Excellent, as evidence have been given that the 'Very Good' score would still be high.

 

 

7.               MATERIAL CONSIDERATIONS 

 

7.1.          In accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, this decision has been taken having regard to the policies and proposals in the National Planning Policy Framework, the Development Plan, and all other material planning considerations identified in the "Considerations and Assessment" section of the report

 

7.2.          The development plan is:

·      Brighton & Hove City Plan Part One (adopted March 2016);

·      Brighton & Hove Local Plan 2005 (retained policies March 2016);

·      East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (adopted February 2013);

·      East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan (adopted February 2017); 

·      Shoreham Harbour Joint Area Action Plan (adopted October 2019)

 

7.3.          Due weight has been given to the relevant retained policies in the Brighton & Hove Local Plan 2005 according to their degree of consistency with the NPPF.

 

 

8.               POLICIES 

The National Planning Policy Framework (NPPF) 

 

Brighton & Hove City Plan Part One 

SS1  Presumption in Favour of Sustainable Development 

SA6    Sustainable Neighbourhoods 

CP8  Sustainable buildings 

 

Brighton & Hove Local Plan (retained policies March 2016): 

 

Brighton & Hove City Plan Part Two: 

The Inspector published her Final Report into the Examination of the City Plan Part Two 19 July 2022. The Report is a material consideration. The Inspector has concluded that with her recommended changes (the schedule of changes as appended to the Report) that the Plan is sound and can be adopted. The Inspector's report concludes the examination of City Plan Part Two.  City Plan Part Two policies, as amended by the Inspector's schedule of Main Modifications, can be afforded significant weight but they will not have full weight until the City Plan Part Two is formally adopted. 

 

SSA3            Land at Lyon Close, Hove

 

 

9.                CONSIDERATIONS & ASSESSMENT 

 

9.1.          The main considerations in the determination of this application relate to the acceptability of varying condition 18 (BREEAM rating) of planning permission BH2018/02926 to change the minimum BREEAM new construction rating from 'Excellent' to a 'Very Good' standard rating.

 

9.2.          Planning permission for the mixed office/residential use was originally granted under application BH2018/02926 with the following description:

“Erection of a new part 5 storey, part 8 storey building providing 894sqm of office space (B1) at ground floor level, and 52no residential flats (C3) at upper levels. Creation of basement level car and cycle park, landscaping and other associated works (Approved at Planning Committee on 12 June 2019).”

 

9.3.          Policy CP8 of City Plan Part One sets out minimum energy and water efficiency standards required to be met for all developments, with a BREEAM rating of excellent required for the B1 office element of the approved development. 

 

9.4.          Condition 18 stated: 'Within 3 months of first occupation of the non-residential development hereby permitted a BREEAM Building Research Establishment has issued a Post Construction Review Certificate confirming that the non-residential development built has achieved a minimum BREEAM New Construction rating of 'Excellent' and such certificate has been submitted to, and approved in writing by, the Local Planning Authority'.

 

9.5.          The applicant has submitted a letter from Delta Green Environmental Design which sets out that prior to applying for the original planning permission, the developers were working to the 'Very Good' standard and so early actions to achieve the Excellent standard were not undertaken, and cannot be carried out retrospectively. 

 

9.6.          The application indicates that Delta Green have identified BREEAM credits to improve the score above the 'Very Good' threshold of 55% to a potential 61.49%. The Consultant has set out how slippage of the score could be avoided during construction, and they have confirmed which credits will be targeted to ensure the target score is reached.

 

9.7.          The proposed submission sets out that although the development cannot meet 'Excellent', the optimum score possible will be attained which will be significantly above the 'Very Good' threshold.

 

9.8.          The application is therefore recommended for approval with the following change (underlined) to Condition 18:

 

9.9.          Within 3 months of first occupation of the non-residential development hereby permitted a BREEAM Building Research Establishment has issued a Post Construction Review Certificate confirming that the non-residential development built has achieved a minimum BREEAM New Construction rating of 'Very Good'  and such certificate has been submitted to, and approved in writing by, the Local Planning Authority.

 

Other Matters 

9.10.       The other conditions previously applied must be revised and updated where necessary:

 

9.11.       Condition 2 (Standard Time Condition) is no longer required as the development has commenced. 

 

9.12.       Condition 6 (Energy Efficiency Standard) is superseded by Building Regulations. 

 

9.13.       Condition 10 (Parking Permits) is removed as it is not considered appropriate to impose a car-free condition because this can be managed separately by the Local Highway Authority.  An informative is recommended advising the applicant that despite this residents could still be restricted from permits.

 

9.14.       Condition 25 (Class Use) is updated to refer to Class Use modifications. 

 

9.15.       All other conditions are re-applied. 

 

 

10.            EQUALITIES 

None identified