(Attachment: 15)Amended Condition List

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1.

The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason: To comply with the provisions of Section 91 of the Town and Country

Planning Act 1990 as amended by Section 51 of the Planning and Compulsory

Purchase Act 2004.

2.

The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting approved documents and plans listed above.

Reason:To ensure the development is carried out in accordance with details which form the basis of this grant of permission.

3.

The net sales area of the proposed food store (excluding checkouts,cafe and lobby) shall not exceed 1,349 sq.m net, of which no more than 15% should be devoted to comparison goods.

Reason: To safeguard the viability and vitality of Royston Town Centre

4.

Prior to commencement of the development within Phase 1 as defined on drawing 113-392-135 detailed drawings of all highway works within that

Phase shall be submitted and approved in writing by the Highway

Authority.

Reason: To ensure that all work undertaken on the public highway is constructed to acceptable standard.

5.

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7.

Prior to commencement of the development within Phase 2 as defined on drawing 113-392-135 detailed drawings of all highway works contained within that Phase shall be submitted to and approved in writing by the

Highway Authority.

Reason: To ensure that all work undertaken on the public highway is constructed to acceptable standard.

No part of the retail development shall be occupied until the proposed works shown on ‘in-principle’ drawing (113-376-P03), between the A505 and the new roundabout, are completed to satisfaction of the Highway

Authority.

Reason: To ensure that the impact of development traffic on the local road network is minimised.

No part of the warehouse (B8) development shall be occupied until the proposed highway works contained within Phase 1 as defined on drawing 113-392-135 are completed to satisfaction of the Highway

Authority.

Reason: To ensure that the impact of development traffic on the local road network is minimised.

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11.

The retail development hereby permitted shall not be brought into use until the proposed access roads and footways have been constructed to wearing course and the join to the existing carriageway, has been reinstated to the current specification of Hertfordshire County Council and to the local Planning

Authority's satisfaction.

Reason: In the interests of highway safety and amenity.

Construction of an approved development phase shall not commence until a Construction Traffic Management Plan for the relevant phase has been submitted and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Thereafter, the construction of the development phase shall only be carried out in accordance with the approved Plan. The Construction Traffic Management Plans shall include construction vehicle numbers/routing such as prohibition of construction traffic being routed through Royston town centre and shall be carried out as approved.

Reason: In the interests of highway safety, amenity and free and safe flow of traffic.

Prior to the commencement of an approved development phase a

Construction Method Statement for the relevant phase shall be submitted and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development phase shall only be carried out in accordance with the approved Statement. The Construction Method Statement shall address the following matters: a. Off site highway works in order to provide temporary parking restrictions (if required). Work shall be completed prior to the commencement of development, and reinstated as required. b. Operation times for construction vehicles. c. Construction and storage compounds (including areas designated for car parking). d. Siting and details of wheel washing facilities. e. Cable trenches. f. Foundation works. g. Substation/control building. h. Cleaning of site entrance and the adjacent public highways. i. Disposal of surplus materials.

Reason: To minimise the impact of construction vehicles and to maintain the amenity of the local area.

Prior to first occupation of the retail unit, provision for a bus to 'loop' within the site in order to serve the development shall be provided. Bus stopping facilities shall meet appropriate accessibility standards and be constructed as in accordance with the details as contained on the Herts

Direct web site. These will need to be connected to the development’s footpaths and easy access kerbs and shelters are provided as appropriate. The exact locations and accommodating works will need to

be agreed in conjunction with appropriate parties. These works shall be secured and undertaken as part of the s38/s278 works.

Reason: In order to meet accessibility requirements for passenger services for the development in accordance with Roads in Hertfordshire:

Highway Design Guide 3rd Edition, and to further encourage sustainable modes of transport.

12.

No development approved by this permission shall be commenced until a finalised scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local

Planning Authority. The scheme shall include:

Full details and results of infiltration testing at the location of each proposed infiltration feature and the effects upon surface water drainage proposals;

Details of overland flood flow routes in the event of system exceedance or failure, with demonstration that such flows can be appropriately managed on site without increasing flood risk to occupants, or to adjacent or downstream sites;

Full details of the maintenance and/or adoption of the system inclusive of all collection, conveyance, storage, flow control and disposal elements.

 infiltration systems only to be used where it can be demonstrated that they will not pose a risk to groundwater quality

The scheme shall be implemented in accordance with the approved details before the development is completed.

Reason: To prevent the increased risk of flooding and to improve and protect water quality, habitat and amenity. We strongly encourage sustainable drainage systems using infiltration, but it must be demonstrated that the infiltration will be clean water into uncontaminated ground.

13.

No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

1. The results of a site investigation based on the submitted GEO-

Environmental Preliminary Risk Assessment (by WSP Environmental Limited

Report number 00043343/001, 23/12/2013 Revised: 08/01/2014) and a detailed risk assessment, including a revised Conceptual Site Model.

2. Based on the risk assessment in (1) an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions. The plan shall also detail a long term monitoring and maintenance plan as necessary.

3. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the remediation strategy in (2). The long term monitoring and maintenance plan in

(2) shall be updated and be implemented as approved.

Reason: To ensure that any contamination affecting the site is dealt with in a manner that safeguards human health, the built and natural environment and to protect and prevent the pollution of ground water from potential pollutants.

This site is located in a sensitive groundwater area in a source Protection Zone

3 above a principle aquifer. Groundwater beneath the site is used for public drinking water and the previous use of the land may have led to contamination.

14.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local

Planning Authority. The remediation strategy shall be implemented as approved.

Reason : Intrusive investigations will not necessarily capture all contaminants present, hence the need to appropriately address any new source discovered during excavation and development.

15.

Piling or any other foundation designs and investigation boreholes using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason:To protect groundwater. Piling can create new pathways for pollutants and introduce new contaminants into the subsurface.

16.

The development hereby permitted shall not be commenced until such time as a Construction Environment Management Plan (CEMP, or equivalent) has been submitted to, and approved in writing by, the local planning authority. The CEMP shall include an assessment of all pollutions risks posed by the construction phase and detail the measures that will be taken to control those risks. The CEMP shall be fully implemented in accordance with the CEMP, or any changes as may subsequently be agreed, in writing, by the local planning authority.

Reason: To protect controlled waters from pollution during the construction phase.

17.

No site clearance works shall take place between the months of April and

August (inclusive).

Reason: To safeguard the habitat of ground nesting birds.

18.

Prior to any work commencing on site, a standard reptile survey / strategy shall be commissioned and submitted for the approval of the

Local Planning Authority. This survey / strategy shall include

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appropriate mitigation or compensation where necessary. The approved strategy shall be implemented in full.

Reason: To safeguard the well-being of any protected species

Proactive Statement

Planning permission has been granted for this proposal. The Council acted proactively through positive engagement with the applicant during the determination process which led to improvements to the scheme. The Council has therefore acted proactively in line with the requirements of the Framework

(paragraphs 186 and 187) and in accordance with the Town and Country

Planning (Development Management Procedure) (England) (Amendment No.

2) Order 2012.

Informative (Highways) :

1. To ensure that work undertaken on the highway is constructed to the current

Highway Authority's specification, to an appropriate standard and by a contractor who is authorised to work in the Public Highway.

2. It is advisable that all internal roads could be designed and built to adoptable standards.

3. Prior to commencement of the development the applicant is advised to contact the North Herts Highways Area Team to arrange a site visit to agree a condition survey of the approach of the highway leading to construction access likely to be used for delivery vehicles to the development. Under the provisions of Section 59 of the Highways Act 1980 the developer may be liable for any damage caused to the public highway as a result of traffic associated with the development considering the structural stability of the carriageway. The County

Council may require an Officer presence during movements of larger loads, or videoing of the movements may be considered.

Informative (Environment Agency):

Detailed drainage Comments We have noted that infiltration testing has been carried out at 1 test pit at the location of the infiltration blanket over the proposed supermarket car park. The infiltration testing results only show the results for STP1 and STP3 and the trial pit location plan shows no trial pits in the location of the storage crates or infiltration basin. Infiltration testing should also be carried out and submitted in the other 2 locations where the infiltration basin and storage and infiltration crates are proposed to assess the effects upon surface water drainage proposals.

Groundwater and Contaminated Land The submitted preliminary risk assessment is generally acceptable, however we consider that the proximity of the site to the A505 which bounds the site along its northwestern boundary is potentially an issue because it is plausible that material could have been deposited on the site as during development of the A505. This was mentioned in the PRA but does not seem to have continued into the conceptual site model. It should be considered in the design of the recommended intrusive investigation works. SuDS Pollution prevention We consider any infiltration Sustainable Drainage System

(SuDS) greater than 2.0 m below ground level to be a deep system and are generally not acceptable. All infiltration SuDS require a minimum of 1.2 m clearance between the base of infiltration SuDS and peak seasonal groundwater levels. All need to meet the criteria in our Groundwater

Protection: Principles and Practice (GP3) position statements G1 to G13. In addition, they must not be constructed in ground affected by contamination.

We recommend that developers should:

1) Refer to our “Groundwater Protection: Principles and Practice (GP3)” documents: https://www.gov.uk/government/uploads/system/uploads/attachment_data/f ile/297347/LIT_7660_9a3742.pdf

2) Follow the risk management framework provided in CLR11, ‘Model

Procedures for the Management of Land Contamination’, when dealing with land affected by contamination: https://www.gov.uk/government/publications/managing-land-contamination

3) Refer to our “Guiding Principles for Land Contamination” for the type of information that we require in order to assess risks to controlled waters from the site. (The Local Authority can advise on risk to other receptors, for example human health): https://www.gov.uk/government/publications/managing-and-reducing-landcontamination

4) Refer to our “Verification of Remediation of Land Contamination” report: https://www.gov.uk/government/uploads/system/uploads/attachment_data/f ile/297674/scho0210brxf-e-e.pdf

5) Refer to the CL:aire “Definition of Waste: Development Industry Code of

Practice” (version 2) and our related ‘Position Statement on the Definition of Waste: Development Industry Code of Practice’: http://www.claire.co.uk/index.php?option=com_content&view=article&id=21

0&Itemid=82 and https://www.gov.uk/turn-your-waste-into-a-new-nonwaste-product-or-material

6) Refer to British Standards BS 5930:1999-2010 and BS10175 and our

“Technical Aspects of Site Investigations” Technical Report P5-065/TR https://www.gov.uk/government/publications/technical-aspects-of-siteinvestigation-in-relation-to-land-contamination

7) Refer to our “Piling and Penetrative Ground Improvement Methods on

Land Affected by Contamination” National Groundwater & Contaminated

Land Centre Project NC/99/73

(https://www.gov.uk/government/publications/piling-in-layered-ground-risksto-groundwater-and-archaeology);

8) Refer to our “Good Practice for Decommissioning Boreholes and Wells”

(http://stuartgroup.ltd.uk/downloads/wellservices/groundwater/boreholedec ommissioning/EAGuidelines.pdf

9) Refer to our https://www.gov.uk/government/organisations/environmentagency for more information.

Informative (Rights of Way):

The developer should is made aware that line of Royston Footpath 2, as currently recorded on the Definitive Map and statement, must remain open,

available and unobstructed until such time that it is diverted or extinguished by legal order.

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