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KIG Conditions_app 1

Land west of M20 junction 8 Bearsted/Hollingbourne

Kent International Gateway

List of suggested conditions

Commencement

1. �� The development shall not commence until approval of the following reserved matters has been obtained in writing from the Local Planning �� Authority:-

�� a. Layout b. Scale c. Appearance d. Landscaping

�� Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of five years from the �� date of this permission.

�� The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters � to be approved.

Reason: No such details have been submitted and in accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

Parameters

2. The details submitted pursuant to condition 1 above shall accord with the parameter plans �drawing nos. 1, 2.B, 3.B, 4.B, 5.A, 6.B, 7.A, 8.A, 9.A and 10.B submitted� 03 July 2009 �and shall show inter-alia,�

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1 The buildings (A-E and IND01and IND02) shall be no higher than 14m above agreed slab levels.

The details to be submitted pursuant to condition 1 to show no more than 292,317m gross floorspace within the site and constructed as defined by Parameter plan 9A and drawing no 9T425-FRA-12-TEMP/revA . ��
A phasing plan for the construction of the development to include for and the construction of the new road bridges for Crismill Lane and Water Lane in the first phase of the development within the site to remove the need for haul traffic to use the Crismill Lane rail bridge.

4. The detailed design of the Crismill Lane and Water Lane Bridges shall be in the form of land bridges.5.The phasing of the work to ensure that the construction and landscaping of the proposed routes for the Public Rights of Way is completed prior to work starting on the existing routes.�

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The development shall thereafter be undertaken in accordance with the approved details.

Reason: To ensure that the development does not materially depart from that applied for and considered in the ES & SES.

3. The development shall not commence until details of the existing site levels together with existing and proposed cross sections and finished site levels including the finished level of each development platform and the proposed slab levels of the buildings have been submitted to and approved in writing by the local planning authority and the development shall be completed strictly in accordance with the approved levels;

Reason: In order to secure a satisfactory form of development having regard to the topography of the site pursuant to policies BE1 and C4 of the South East Plan 2009.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or replacing the same) no extension of the buildings hereby approved including the provision of mezzanine floors shall be carried out.

Reason: To ensure that the development does not materially depart from that applied for and considered in the ES & SES and to protect the amenities of the locality pursuant to policies BE1 and C4 of the South East Plan 2009.

5. The details to be submitted in accordance with Condition 1 shall include a schedule of materials and finishes to be used for the external walls and roofs of the proposed buildings.

Reason: No such details have been submitted and to ensure a satisfactory visual appearance pursuant to policies C4, BE1 and BE6 of the South East Plan 2009.

Rail Works

6. The inter-modal transfer area and associated railway sidings, the railway sidings serving the rail-connected warehousing and all necessary connections with the existing Maidstone East-Ashford railway line shall be constructed and completed prior to occupation of any building on the site. The Maidstone East-Ashford connection works and the rail links to the inter-modal transfer area and the individual units once provided shall thereafter be managed retained and �maintained such that they remain available and capable of being used.

Reason: To ensure that the development does not materially depart from that applied for and considered in the ES & SES and policy T13 of the South East Plan 2009.

7. Details of any gantry cranes to be used on the site, which shall be no higher than 25m, shall be submitted to and approved in writing by the local planning authority prior to their installation. No gantry cranes shall be used on the site other than as previously agreed in writing by the local planning authority.

Reason: No such details have been submitted and to ensure a satisfactory visual appearance pursuant to policies C4, BE1 and BE6 of the South East Plan 2009.

8. Containers shall not be stacked anywhere within the site with the exception of the intermodal area. Within the intermodal area the maximum height of stacked containers shall be no higher than 14m above ground level.

Reason: No such details have been submitted and to ensure a satisfactory visual appearance pursuant to policies C4, BE1 and BE6 of the South East Plan 2009.

Site preparation/Construction

9. Within one month of the date of the outline planning permission details of a comprehensive groundwater monitoring regime shall be submitted to and approved by the local planning authority in conjunction with South East Water and the Environment Agency and the approved scheme shall be implemented not later than the expiry of two months of the date of its approval and maintained thereafter.

Reason: To ensure that the groundwater quality is effectively monitored before and during construction pursuant to policy NRM1 of the South East Plan 2009.

10. The development shall not commence until details of the construction earthworks within the site have been submitted to and approved by the local planning authority. The submitted details shall include inter-alia;

1 the phasing and timing of the works

2 existing and proposed cross sections and levels including the finished level of each development platform

3 the method of working the material within the site including the site and extent of any material to be temporarily stored within the site

4 Details of the location of surplus material and the amount and method of its disposal

5 details of measures to prevent pollution of� groundwater and to prevent silt from the site affecting existing watercourses flowing through the site

6 details of any re-routing of existing sub-surface infrastructure within the site necessary to enable the development to proceed

Reason: This condition is necessary in the interest of controlling the construction works and limiting the impact of construction on surrounding residents pursuant to policies NRM1 & BE1 of the South East Plan 2009.

11. The development shall not commence until details of the foundation design of the buildings within the site together with details of their method of construction have been submitted to and approved by the local planning authority. The development shall thereafter be undertaken in accordance with the approved details.

Reason: To ensure an appropriate means of foundation design due to underlying geology and to ensure that the amenities of nearby residents are safeguarded during construction pursuant to the advice in PPG14 ��

12 The development shall not commence until there has been submitted to and approved in writing by the local planning authority an Environmental Management Plan for the construction process. The plan shall comprise inter-alia;

(a) details of the hours of construction work

(b) details of the methods to be used to control dust, noise, vibration and other emissions from the site;

(c) details of all temporary fencing, temporary buildings, �compound areas and parking areas including arrangements for their removal following completion of construction;

(d) details of areas to be used for the storage of plant and construction materials and waste;

(e) details of the storage of all fuel, oil and other chemicals that may been needed to include measures to prevent pollution�

(f) details of temporary lighting arrangements;

(g) measures to ensure that construction vehicles do not deposit mud on the public highway; including public rights of way

(h) a scheme for the routing of construction vehicles accessing the site;

(i) no burning of material or waste on site

The construction of the development shall be carried out in accordance with the subsequently approved construction management plan.

Landscaping/Trees

13. The details of landscaping submitted pursuant to condition 1 shall show inter-alia;

The provision of landscaped bunding and structural landscaping in areas of the site not affected by the earthworks necessary to form the development platforms in the first planting season following commencement of the development.��
Landscape phasing plan to provide for the landscaping of each phase of the development upon its completion.
Long term management plans for a 15 year period for the proposed landscaping and retained planting and existing woodland within the site and relating to the proposed phasing of the development. ��
Details of hard landscaping showing the proposed surface treatment of all roadways, car parking, loading areas and pathways within the site including the newly created and diverted sections of Public Rights of Way.
The phasing of the work to ensure that the construction and landscaping of the proposed routes for the Public Rights of Way is completed prior to work starting on the existing routes.�

The development shall thereafter be undertaken in accordance with the approved details

Reason: To ensure a satisfactory appearance to the site pursuant to policy ENV6
of the Maidstone Borough-wide Local Plan 2000.

14. The development shall not commence �until individual trees on the edge of woodland have been accurately surveyed and plotted on a map in accordance with BS 5837:2005,Trees in relation to construction � Recommendations�. The purpose of which is to assess whether remedial tree work is necessary to ensure no trees are damaged unnecessarily during the construction phase. Included within this document there should be a clear indication on the timescale when such works will be carried out.� In addition, an Arboricultural Implication Assessment should be submitted �which will identify individual trees of importance which may result in a need to modify the design and layout.

Reason: To ensure the long term retention of the retained trees in the interests of the character of the area pursuant to policy ENV6 of the Maidstone Borough-wide Local Plan 2000 and policies NRM5 and MRM7 of the South East Plan 2009.

15. The development shall not commence until �an arboricultural method statement detailing any works required to trees within the site and details showing all trees to be retained protected by barriers and/or ground protection have been submitted to and approved by the local planning authority. The arboricultural method statement and tree protection measures shall accord with the requirements of BS5837:(2005) 'Trees in Relation to Construction-Recommendations'. The subsequently approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority.

Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development pursuant to policy NRM7 of the South East Plan 2009.

16. Not less than three months notice shall be given to the local planning authority of the date on which the work approved pursuant to conditions 11 and 12 above is to begin in order that an Officer of the local planning authority may be in attendance;

Reason: In the interests of amenity and good arboricultural practice and for the�� avoidance of doubt.

17. Every care shall be taken to safeguard all nearby trees while the tree works approved pursuant to conditions 11 and 12 �are being carried out, and any damage to such trees howsoever caused shall be made good in accordance with the provisions of BS 3998 (1989) �Recommendations for Tree Work�. All works hereby permitted shall be carried out in accordance with the provisions of BS 3998 (1989) �Recommendations for Tree Work� by a qualified Arboriculturalist only;

Reason: In the interests of amenity and good arboricultural practice.

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18. The develiopment shall not commence until �there has been submitted to and approved in writing by the Local Planning Authority a detailed 15 year management scheme to ensure that all newly planted trees establish successfully. The development shall thereafter be undertaken in accordance with the approved details. Any trees or plants which within a period of five years from the substantial completion of each pages of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species to those originally planted unless the Local Planning Authority gives written consent to any variation.

Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development pursuant to policy NRM7 of the South East Plan 2009.

19. The development shall not commence until �there has been submitted to and approved in writing by the Local Planning Authority plans detailing the location of� utilities, services and hard surfaces in the vicinity of retained trees and woodland.

Reason: In the interests of good arboricultural practice and to comply with current legislation.

Drainage

20. The development shall not� commence until details of foul and surface water drainage have been submitted to and approved by the local planning authority in conjunction with Southern Water, South East Water and The Environment Agency.�

The details of surface water drainage shall include inter-alia;

The incorporation of multiple outflow controls on the proposed detention ponds and other attenuation structures.
Silt traps at the points of inflow to the proposed detention ponds and other attenuation structures
The simulation of all proposed surface water drainage systems, up to and including the 1 in 100 year event with a 20% allowance for climate change
The use of Sustainable Urban Drainage System (SUDS) techniques as appropriate, including in particular infiltration soakaways and pervious paving to assist groundwater recharge and quality. �
Confirming that the overall average (QBAR) Greenfield run-off rate of will not be greater than 3.64l/s/ha.
The use of oil and petrol interceptors and other appropriate methods to ensure that potentially polluted run-off is not discharged to ground.

The details of foul water drainage to include inter-alia;

� Details of any temporary drainage system required during the construction of each phase of the development. �

Reason: To ensure a satisfactory means of drainage for the site and in the interests of pollution prevention, preservation of groundwater quality and prevention of flooding, pursuant to policies NRM1 & NRM4 of the South East Plan 2009 and PPS23. �

Lighting

21. The development shall not commence until a detailed lighting scheme for the site has been submitted to and approved by the local planning authority. The submitted details shall include inter-alia;

Details of the lighting for all common roadways and pathways within the site
A detailed lighting scheme for each building compound amd the intermodal area within the site to be implemented prior to first occupation of any part of the relevant compound.
The level of lighting and use of luminaires as set out in the technical report submitted with the Supplementary Environmental Statement July 2009
Measures to prevent glare affecting users of adjacent highways, in particular the M20 motorway and to prevent light trespass to adjacent properties.

The development shall be implemented in accordance with the subsequently approved details and no additional lighting shall thereafter be placed, erected or brought onto the site without the prior approval of the local planning authority.

Reason: In the interests of the character and amenities of the area pursuant to policy ENV49 of the Maidstone Borough-wide Local Plan 2009 and the Guidance Notes for the Reduction of Obtrusive Light (GN01) ILE(2005).

Fencing

22. The development shall not� commence until details of fencing/means of enclosure within and around the perimeter of site and a phasing programme for its provision have been submitted to and approved by the local planning authority. The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: No such details have been submitted and to ensure a satisfactory visual appearance pursuant to policies C4, BE1 and BE6 of the South East Plan 2009.

Parking

23. The details submitted pursuant to condition 1 above shall show parking at a ratio of no more than one space per 30m for B1 office floorspace within the site, not more than one space per 110m for B8 floorspace and a ratio of one space per 50m for any B2 floorspace within the site including the inter-modal transfer area together with details of secure motorcycle (1 space + 1space per 20 car spaces and cycle parking 1space/200m for each unit and area within the site. Goods vehicle parking shall be at the ratio of 1:300m for B8, B1 a maximum of 6 spaces and for B2 uses 1:200m. �

Reason: To ensure that no more trips are generated than predicted and in the interests of sustainability and to reduce reliance on the use of the private car as a means of transport pursuant to policy T4 of the South East Plan 2009 and Planning Policy Guidance Note 13.

24. No building shall be occupied or the intermodal area used until the associated car parking, HGV parking, servicing and manoeuvring spaces and the roads and footpaths providing access for the building or the intermodal area have been constructed and laid out in accordance with the details submitted to and subsequently approved in writing by the local planning authority. The car parking proposed for each building or the intermodal area shall be completed ready for use prior to the occupation of that building but shall not be used prior to such occupation. Cars and HGVs shall not be parked on the site other than ion the approved car parking spaces unless otherwise agreed in writing by the local planning authority��

Reason: Development without adequate parking/turning provision is likely to lead to parking inconvenient to other road users and in the interests of road safety pursuant to policy T13 of the Maidstone Borough-wide Local Plan 2000 and PPG13.

Renewable Energy

25. Construction of the units within any phase of the development in accordance with the approved phasing plan shall not commence until a report has been submitted to the local planning authority setting out measures to be taken to ensure that the predicted CO2 emissions of the development in that area will be reduced by a minimum of 10% through the use of on-site renewable energy equipment. The report shall be �approved in writing by the local planning authority and the development shall thereafter be carried out incorporating �the approved measures.

Reason: To ensure a energy efficient form of development pursuant to policy NRM11 of the South East Plan 2009 and the advice in PPS22.

BREEAM

26. Construction of any unit shall not commence until a BREEAM Pre-Assessment Report (or equivalent) has been submitted to the local planning authority demonstrating that the unit is expected to achieve at least a VERY GOOD rating. No unit shall be occupied until the final certificate demonstrating that at least a VERY GOOD rating has been achieved has been submitted to the local planning authority.

Reason: To ensure a sustainable and energy efficient from of construction pursuant to policy CC4 of the South East Plan 2009.�

Site Management

27. The development shall not commence until a detailed site management plan has been submitted to and agreed by the local planning authority. The plan shall include inter-alia

� A site waste management plan including the collection of litter

� A management plan for the common areas of the site to include the long term management of the structural landscaping as required by condition 10 above and the maintenance of all balancing ponds and culverts and watercourses within the site

� A plan for maintaining the security of the site perimeter. �

� Security arrangements

The development shall thereafter be undertaken in accordance with the approved details.

Reason: In the interests of the amenities and character of the area pursuant to policies BE1 BE6 and C4 of the South East Plan 2009.

28. The development shall not commence until a scheme detailing the location and appearance of the refuse storage areas and recycling facilities has been submitted to and approved in wiring by the local planning authority. The scheme shall be implemented and maintained as approved.

Reason: In the interests of the amenities and character of the area pursuant to policies BE1 BE6 and C4 of the South East Plan 2009.

29. There shall be no burning of materials or waste on the site.

Reason: In the interests of the amenities and character of the area pursuant to policies BE1 BE6 and C4 of the South East Plan 2009.

Ecology/Protected species

30. The development shall not commence until a further programme for the undertaking of additional ecological and protected species surveys has been submitted to an approved by the local planning authority. The programme shall identify inter-alia;

� the timing of the surveys in relation to the proposed phasing of the construction of the development

� which species are to be surveyed and the methodology to be used

� mitigation measures for species present within the site but not identified in previous surveys.

The development shall thereafter be undertaken in accordance with the approved details.

Reason: In the interests of ecology and biodiversity pursuant to policy NRM5 of the South East Plan 2009 and the advice in PPS9.

Archaeology

31. The development shall not commence until a detailed specification for further archaeological investigation of the site has been submitted to and approved by the local planning authority.

� The specification shall pay particular regard to the areas where extensive ground remodeling and excavation is to take place and shall include the provision of a watching brief by a suitably qualified person whilst ground works take place.

� Should any significant archaeological remains be found not previously identified all works should cease until a further detailed specification for further investigation has been agreed with the local planning authority

The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To enable the recording of any items of historical or archaeological interest pursuant to policy BE6 of the South East Plan 2009 and the advice in PPG16.

Noise

Construction Noise

32 The development of any phase of the on-site construction works, shall not commence until a Control of Pollution Act 1974 Section 61 Agreement is in place between the construction contractor and the Local Planning Authority (LPA). This Agreement will include a series of daily noise limits which must not be exceeded without prior agreement with the Council. The works and mitigation methods outlined in the Agreement must be adopted at all times.

� Noise monitoring of construction noise levels associated with all phases of the construction programme must be undertaken in full accordance with the requirements of the LPA. Weekly reports must be produced and submitted to the Council and should compare the measured levels with the relevant noise limits.

� Where indicated by the LPA, control vibration measurements of particular activities must be undertaken by the contractor at nearby sensitive properties. Where the results of the measurements exceed acceptable limits, alternative working methods or mitigation measures must be adopted prior to the activities continuing.