Land at Rackenford Cross Rackenford, Tiverton, Devon

Section 106 clause

PLANNING OBLIGATION BY AGREEMENT
UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990
Relating to Land at Rackenford Cross Rackenford Devon
Further Information is available from diamond estate Agents.

Draft Conditions

Recommended conditions:
1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.
Reason: The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the following approved plans/details:
220414BB02D Landscaping Plan received on the 30/06/22
1683 PL01 B Location Plan received on the 20/04/22
1683 PL03C Block Plan received on the 20/04/22
1683 PL05C Materials & Boundary Treatment Plan received on the 22/07/22
21 320 051D Drainage Strategy Option 2 received on the 09/06/22
21 320 055C Impermeable Areas Plan received on the 20/04/22
21 320 056C Flood Exceedance Plan received on the 20/04/22
C21058 ATP DR TP 001S2 Site Access and Visibility Splays jpeg received on the 20/04/22
1683 PL200A Site Sections received on the 20/04/22
1683 PL300A Floor Plans HT1 received on the 20/04/22
1683 PL301E Elevations HT1 received on the 22/07/22
1683 PL302A Floor Plans HT2 received on the 20/04/22
1683 PL303E Elevations HT2 received on the 22/07/22
1683 PL304B Floor Plans HT2a received on the 20/04/22
1683 PL305E Elevations HT2a received on the 22/07/22
1683 PL306A Floor Plans HT3 received on the 20/04/22
1683 PL307E Elevations HT3 received on the 22/07/22
1683 PL308A Floor Plans HT3a received on the 20/04/22
1683 PL309E Elevations HT3a received on the 22/07/22
1683 PL310A Floor - Elevation Plans Garages received on the 20/04/22
165 EcIA Rackenford (HT Ecology 19.4.22).pdf received on the 26/04/22
(‘The approved plans').

Reason: To ensure the development is carried out in accordance with the approved plans in the interests of proper planning.

3. No work shall commence on any part of the development hereby approved until details of the external brick to be used for the development herby approved have been submitted to and approved in writing by the Local Planning Authority.

Reason: To enable the Local Planning Authority to consider the materials in the interests of the character and appearance of the development in accordance with Policy DM04 of the North Devon and Torridge Local Plan.

4. No dwelling shall be occupied until a bin storage area for that dwelling has been provided and retained as such.

Reason: To ensure adequate facilities are available to occupants of the dwellings in accordance with Policy DM04 of the North Devon and Torridge Local Plan.



5. Prior to the first occupation of any individual unit details of the design and external appearance, including materials of construction of all walls, fences and other means of enclosure to be used in the development and shall be carried out as approved.

Reason: To ensure adequate information is available for the proper consideration of the detailed proposals.

6. Prior to the first occupation of any dwelling on the site, access onto the public road, parking areas and footpaths for that unit shall be provided, hard surfaced, drained and retained thereafter for those purposes.

Reason : To ensure adequate provision of parking to serve the development in the interests of highway safety in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.


7.The site access and visibility splays shall be constructed, laid out and maintained for that purpose in accordance with plans to be submitted for approval by the Highway Authority where the visibility splays provide intervisibility between any points on the X and Y axes at a height of 1.05 metres above the adjacent carriageway level and the distance back from the nearer edge of the carriageway of the public highway (identified as X) shall be 2.4 metres and the visibility distances along the nearer edge of the carriageway of the public highway ( identified as Y ) shall be 31 metres in both directions.

Reason: To provide a safe and suitable access to the site with adequate facilities for short term parking and to provide adequate visibility from and of emerging vehicles in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

8. Prior to the first occupation of the final unit the site access road shall be hardened, surfaced, drained and retained thereafter for a distance of not less than 10 metres back from its junction with the public highway

Reason: To prevent mud and other debris being carried onto the public highway and to provide a safe and suitable access to the site in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

9. Prior to the occupation of the first dwelling provision shall be made within the site for the disposal of surface water so that none drains onto the County highway and shall thereafter be retained.

Reason: In the interests of public safety and to prevent damage to the highway in accordance with Policy DM05 of the North Devon and Torridge Local Plan.

10. The proposed estate road, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

Reason: To ensure that an adequate highway layout can be achieved in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

11. When once constructed and provided in accordance with condition 10 above, the carriageway, vehicle turning head, footways and footpaths shall be maintained free of obstruction to the free movement of vehicular traffic and pedestrians and the street lighting and nameplates retained.
Reason: To ensure that an adequate highway layout can be achieved in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

12. Within twelve months of the first occupation of the first dwelling in an agreed phase of the development, all roads, footways, footpaths, drainage, statutory undertakers' mains and apparatus, junction, access, retaining wall and visibility splay works shall be completed to the written satisfaction of the Local Planning Authority.
Reason: To ensure that the access arrangements are completed within a reasonable time in the interests of safety and the amenity of residents in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

13. All planting, seeding or turfing comprised in the approved details of landscaping as shown on approved plan number 220414BB02D shall be carried out in the first planting and seeding seasons following the first occupation of the last unit or the substantial 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 variations.

Reason: To assimilate the development into the landscape and to safeguard the appearance and character of the area in accordance with Policies ST04, ST14, DM04 and DM08A of the North Devon and Torridge Local Plan.

14. Prior to the first occupation of any unit on site the following shall be provided and retained for these purposes thereafter:
•Six Schwegler Type 24 Brick Nest Boxes integrated into the buildings gable ends avoiding south and southwest aspects.
•6 Bat Boxes (3 woodcrete and 3 timber) to be installed on suitable retained trees within and adjacent to the development.
•Insertion of ACO wildlife kerb stones around gully pots in the south east of the site.
•Prior to the start of construction 10 heavy duty dormouse boxes shall be installed on hedgerows.

Reason: To protect wildlife that has been identified through the Ecological report and ensure there is sufficient mitigation in place biodiversity in compliance with Policies DM08 and ST14 of the North Devon and Torridge Local Plan and paragraph 174 of the National Planning Policy Framework.

15. Prior to the development hereby approved being brought into use, the biodiversity net gains as indicated on the approved plans, shall be provided in full and maintained and retained thereafter. These are:
•The provision of a wildflower meadow in the west and east of the site.
•Provision of native tree and shrub planting around the site perimeter.
•Creation of native species rich hedgerow along the eastern boundary.

Reason: To achieve net gains in biodiversity in compliance with Policies DM08 and ST14 of the North Devon and Torridge Local Plan and paragraph 174 of the National Planning Policy Framework.

16.Prior to the commencement of development a detailed landscape and ecological management plan (LEMP) shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. The content of the LEMP will address and expand upon the provision and management of all landscape and biodiversity avoidance, mitigation and enhancement measures of the development as set out within the ecological appraisal and preliminary ecological appraisal shall include:

a) A description and evaluation of landscape and ecological features to be created managed and ecological trends and constraints on site that might influence management;
b) A Defra Biodiversity Net Gain Metric calculation;
c) Aims and objectives of management;
d) Appropriate management options for achieving aims and objectives;
e) Prescriptions for management actions;
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over an initial 10- year period);

g) Details of the body or organization responsible for implementation of plan;
h) Ongoing landscape and ecological monitoring and implementation of any necessary remedial measures;
i) Means of reporting of landscape and ecological monitoring results to the Local Planning Authority and provisions for seeking written agreement to any changes to the management actions and prescriptions that may be necessary to ensure effective delivery of the aims and objectives of the LEMP over time.
The LEMP shall also include details of the 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 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 landscape and biodiversity objectives of the scheme. The development shall be implemented in accordance with the approved details.

Reason: In order to protect and enhance biodiversity on the site in accordance with the aims of Policies ST14 and DM08 of the North Devon and Torridge Local Plan and paragraph 174 of the National Planning Policy Framework.


17. Prior to the occupation of any dwelling on the site one street light shall be provided on the site frontage adjacent to the approved access

Reason: To provide safe and suitable pedestrian access between the site and village centre given the lack of footpath in accordance with Policy DM05 of the North Devon and Torridge Local Plan.

18. Any external lighting shall comply with the recommendations set out in the approved Ecology Report which are as follows:
•A dark corridor of 0.5lux or below shall be maintained along the northern hedgerow.
•Lighting along roads and footpaths shall be kept to the minimum required for safety and security.
•Use of LED units which do not have a UV component.
•Use of composite LED Units.
•The height of any lighting column to be minimised.
•Use of low level downward directional bollard lighting along footpaths.
•Any external security lighting to be set on motion sensors and short (1minute) timers.
Reason: To ensure there is limited light spill into the surrounding countryside and adjacent habitat in accordance with policies DM01 and DM08 of the North Devon and Torridge Local Plan

19. Prior to the commencement of development, including any site clearance, groundworks or construction (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Management Plan (CMP) to manage the impacts of construction during the life of the works shall be submitted in writing for the approval of the Local Planning Authority. For the avoidance of doubt and where relevant, the CMP shall include:-
a)Measures to regulate the routing of construction traffic;
b)Photographic evidence of the condition of adjacent public highway prior to
c)Commencement of any work;
d)Daily hours of construction;
e)The timetable of works including the times within which delivery and construction traffic can enter and leave the site and hours during which no construction traffic will be present at the site.
f)The number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits
g)The proposed route of all construction traffic exceeding 7.5 tonnes
h)Details of any road closure
i)Details of any significant importation or movement of spoil and soil on site;
j)Details of the removal /disposal of materials from site, including soil and vegetation
k)The location and covering of stockpiles;
l)Details of measures to prevent mud from vehicles leaving the site / wheel-washing facilities;
m)Control of of fugitive dust from demolition, earthworks and construction activities; dust suppression;
n)A noise control plan which details hours of operation and proposed mitigation measures;
o)Location of any site construction office, compound and ancillary facility buildings where all building materials, finished or unfinished products, parts,crates, packing materials and waste will be stored during the demolition and construction phases.
p)Areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority;
q)Specified on-site parking for vehicles associated with the construction works and the provision made for access thereto;
r)The means of enclosure of the site during construction works
s)Details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site
t)A point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed.

The details so approved and any subsequent amendments as shall be agreed in writing by the Local Planning Authority shall be complied with in full and be monitored by the applicants to ensure continuing compliance during the construction of the development.

Reason: To minimise the impact of the works during the construction of the development in the interests of highway safety and to safeguard the amenities of local residents from potential impacts whilst site clearance, groundworks and construction is underway in accordance with policies DM01 and DM06 of the North Devon Local Plan.


20.Prior to the commencement of development, a Waste Audit Statement shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with the Waste Planning Authority, to demonstrate how the construction and operational phases of the development will minimise the generation of waste and provide for the management of waste in accordance with the waste hierarchy. The development shall be carried out in accordance with the details approved. For guidance please visit https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste[1]policy/supplementary-planning-document

Reason: To ensure suitable waste management measures in accordance with Policy W4 of the Devon Waste Plan.

21. Should any unexpected contamination of soil or groundwater be discovered during development of the site, the Local Planning Authority should be contacted immediately. Site activities within that sub-phase or part thereof, should be temporarily suspended until such time as a procedure for addressing any such unexpected contamination, within that sub-phase or part thereof, is agreed upon with the Local Planning Authority or other regulating bodies.

Reason: In the interest of human health in accordance with Policy DM02 of the North Devon and Torridge Local Plan.

22. During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times:

a) Monday - Friday 07.00 - 18.00,
b) Saturday 09.00 - 13.00
c) nor at any time on Sunday, Bank or Public holidays.

Reason: To protect the amenity of local residents in accordance with Policy DM02 of the North Devon and Torridge Local Plan.

North Devon Council planning condition

In line with North Devon council proposal for granting of the development, three properties out of the agreed eleven properties are reserved for affordable housing purchased from the developer at a reduced rate.
Further information is available from diamond Estate Agents.

Agent Information

VIEWINGS Strictly by appointment with the award winning estate agents, Diamond Estate Agents

If there is any point, which is of particular importance to you with regard to this property then we advise you to contact us to check this and the availability and make an appointment to view before travelling any distance.

PLEASE NOTE Prior to a sale being agreed and solicitors instructed, prospective purchasers will be required to produce identification documents to comply with Money Laundering regulations.

We may refer buyers and sellers through our conveyancing panel. It is your decision whether you choose to use this service. Should you decide to use any of these services that we may receive an average referral fee of £150 for recommending you to them. As we provide a regular supply of work, you benefit from a competitive price on a no purchase, no fee basis. (excluding disbursements).

We also refer buyers and sellers to The Levels Financial Services. It is your decision whether you choose to use their services. Should you decide to use any of their services you should be aware that we would receive an average referral fee of £250 from them for recommending you to them.

You are not under any obligation to use the services of any of the recommended providers, though should you accept our recommendation the provider is expected to pay us the corresponding Referral Fee.

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