Discharge of Conditions Application

When Rovers were granted planning permission for the commercial and sporting developments at the Memorial Ground, there were conditions attached to the permission. Rovers have now made an application for discharge of some of these conditions. These are to be reviewed by the planning department (Development Control) at Bristol City Council.

The following are simply the conditions that they claim to have satisfied. We will provide more information in due course.

The application details for application 09/00652/COND on the council web site

Conditions for discharge are as follows:

2. Contaminated Land
Prior to the commencement of any works on site, the following shall be submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing by the Local Planning Authority:
- A ground investigation study to identify any contamination at the site
- A Conceptual Model identifying all Pollutant Linkages at the site (ie all sources of contamination, pathways and receptors)
- A Risk Assessment to quantify the risk from contamination, and
- A written Method Statement detailing how contamination will be remediated.
Reason: - To safeguard the safety and health of future occupiers of the site.

5. Construction Noise, Vibration and Air Quality
No part of the development as hereby permitted shall commence until details of an Environmental Management Scheme and Code of Practice has been submitted to, and approved in writing by the Local Planning Authority. The Management Scheme and Code of Practice shall oblige the applicant, or developer and its contractor to use all best endeavours to minimise disturbances including noise, vibration, dust and smoke emanating from the site.
Any emergency or other deviation from the above conditions shall be submitted to and approved in writing by the Local Planning Authority.

The Management Scheme shall include:-
(i) Details of engineering measures, acoustic screening and the provision of sound insulation required to mitigate or eliminate specific environmental impacts;
(ii) A detailed specification of demolition and construction works at each phase of development including consideration of environmental impacts and the required remedial measures. The specification shall include details of the method of piling;
(iii) Measures to make local residents aware of any significant activities that are likely to cause significant disruption;

All demolition and construction work shall be undertaken in strict accordance with the approved management scheme unless otherwise agreed in writing by the Local Planning Authority.
All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours:
08 00 Hours and 18 00 Hours on Mondays to Fridays and
08 00 and 13 00 Hours on Saturdays and at no time on Sundays and Bank Holidays (unless otherwise approved in writing by the Local Planning Authority).
Deliveries to, and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.
Mitigation measures as defined in BS 5528: Part 1:1997 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.

During demolition and construction on site:
(a) The best practical means available in accordance with British Standard Codes of Practice BS5228:1997 shall be employed at all times to minimise the emission of noise from the site;
(b) Vehicular accesses to adjoining and opposite premises shall not be impeded at any time;
(c) No waste or other burning material shall be burnt on the application site
(d) A suitable and sufficient means of suppressing dust must be provided and maintained, including the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance.

No part of the development hereby permitted shall commence until a demolition and construction method statement for the demolition and construction process has beensubmitted and approved in writing by the Local Planning Authority. The statement shall include the following:
(a) An assessment of the presence or absence of asbestos and suitable mitigation measures is appropriate;
(b) The inclusion of suitable measures for the containment of dust, such as the use of debris screens and sheets, suitable and sufficient water sprays; enclosed chutes for dropping demolition materials to ground level;
(c) The use of enclosures or shields when mixing large quantities of concrete;
(d) Details of the provision for the temporary storage of materials on site with preference to the storage of fine dry materials inside buildings or enclosures, or the use of sheeting as far a practicable with water sprays as appropriate.
(e) Consideration to the use of pre-mixed plasters and masonry compounds.
The method statement scheme shall be implemented in strict accordance with details to be approved, unless otherwise agreed in writing by the Local Planning Authority.
Reason:- To protect the amenities of adjoining residents during the construction period.

10. No development shall take place until there has been submitted to and approved in writing, by the Local Planning Authority ((unless otherwise agreed in writing by the Local Planning Authority), a detailed assessment on the potential for noise from the development from affecting neighbouring residential properties. The assessment should include noise from the following:

Noise from the PA system
Noise from fixed plant and equipment at the stadium
Noise from the hotel, student flats and shops (including transport noise)
Noise from conference facilities
Noise from vehicular traffic and parking on the site

If the assessment indicates that noise from the development is likely to affect neighbouring noise sensitive premises then a detailed scheme of noise mitigation measures shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The noise mitigation measures shall be designed so that nuisance will not be caused to the occupiers of neighbouring noise sensitive premises by noise from the development.

The noise assessment shall be carried out by a suitably qualified acoustic consultant/engineer and shall take into account the provisions of PPG 24 Planning Policy Guidance: Planning and Noise, BS4142: 1997. "Method of rating industrial noise affecting mixed residential and industrial areas" and BS 8233: 1999 "Sound Insulation and Noise Insulation for Buildings - Code of Practice".

The approved details shall be implemented in full prior to the commencement of the use permitted and be permanently maintained (unless otherwise agreed in writing by the Local Planning Authority).

Recommendation:
i. The recommended design criteria for dwellings are as follows:
Daytime (07.00 - 23.00) 35 dB LAeq 16 hours in all rooms
Nightime (23.00 - 07.00) 30 dB LAeq 8 hours in bedrooms
ii. Where residential properties are likely to be affected by amplified music from neighbouring pubs or clubs, the recommended design criteria is as follows:
Daytime (07.00 - 23.00) Noise Rating Curve NR35
Nightime (23.00 - 07.00) Noise Rating Curve NR20 to NR25
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

11. Noise Insulation - Residential
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a detailed scheme of noise insulation measures for all residential accommodation (unless otherwise agreed in writing by the Local Planning Authority). The measures shall be designed to achieve noise insulation to a standard that nuisance will not be caused to the occupiers of the residential accommodation by the operation of the workshops to the rear of the premises, traffic to the front of the premises and the pub beneath the residential accommodation (unless otherwise agreed in writing by the Local Planning Authority).

The scheme of noise insulation measures shall prepared by a suitably qualified acoustic consultant/engineer and shall take into account the provisions of PPG 24 Planning Policy Guidance: Planning and Noise, BS4142: 1997. "Method of rating industrial noise affecting mixed residential and industrial areas" and BS 8233: 1999 "Sound Insulation and Noise Insulation for Buildings - Code of Practice".

The approved details shall be implemented in full prior to the commencement of the use permitted and be permanently maintained (unless otherwise agreed in writing by the Local Planning Authority).

Recommendation:
a) The recommended design criteria for dwellings are as follows:
Daytime (07.00 - 23.00) 35 dB LAeq 16 hours in all rooms
Nightime (23.00 - 07.00) 30 dB LAeq 8 hours in bedrooms
b) Where residential properties are likely to be affected by amplified music from neighbouring pubs or clubs, the recommended design criteria is as follows:
Daytime (07.00 - 23.00) Noise Rating Curve NR35
Nightime (23.00 - 07.00) Noise Rating Curve NR20 to NR25
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

12. Noise from fixed plant and equipment
The rating level of any noise generated by any fixed plant or equipment as part of this development shall not exceed the pre-existing background level by more than 0 dB(A). The noise levels shall be determined at the nearest noise sensitive premises most. Measurements and assessments shall be made in accordance with BS4142: 1997-"Method of rating industrial noise affecting mixed residential and industrial areas". The assessment must be carried out by a competent person prior to the commencement of the development. These noise levels shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development (unless otherwise agreed in writing by the Local Planning Authority).
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

13. Details of Extract/Ventilation
Details of the means of mechanical ventilation including that for the extraction and dispersal of cooking smells within both the commercial and residential accommodation, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The details shall include method of construction, odour and noise control. The approved details shall be provided before the use hereby permitted commences and thereafter shall be permanently retained.
Recommendation: In order to mitigate odour nuisance it is recommended that flues or vents for the dispersal of cooking smells should terminate at least 1 metre above the ridge height of any surrounding buildings, with no obstruction of upward movement of air, otherwise a method of odour control such as a carbon filter system will be necessary for approval.
Reason:- In the interests of the amenity of the occupants of the adjoining residences.

27. Refuse and recycling
The refuse stores, and areas/facilities allocated for storing of recyclable materials, as shown on the approved plans, shall be provided before the use hereby permitted commences. Thereafter, all refuse and recyclable materials associated with the development shall either be stored within this dedicated store/area, as shown on the approved plans, or internally within the building(s) that form part of the application site, unless otherwise agreed in writing by the Local Planning Authority. No refuse or recycling material shall be stored or placed for collection on the public highway or pavement, except on the day of collection, unless otherwise agreed in writing by the Local Planning Authority.
Reason: - To safeguard the amenity of the occupiers of adjoining premises, to protect the general environment and to ensure that there are adequate facilities for the storage and recycling of recoverable materials to encourage energy conservation through recycling.

28. Prior to the commencement of the use hereby permitted commencing, a scheme for the provision of litter receptacles in and around the stadium site shall be submitted to and approved in writing by the Local Planning Authority (unless otherwise approved in writing by the Local Planning Authority).
Reason:- In the interests of the appearance of the area and to protect the amenities of residents.

35. TV reception
No part of the development as hereby permitted shall commence until the applicants satisfy the Local Planning Authority either:
a) that the stadium particularly will not have any adverse effect on radio and television reception at properties in the surrounding area or;
(b) that remedial measures will be implemented to prevent any such adverse effects.
The details of these remedial measures shall be agreed in writing with the Local Planning Authority before use commences and shall be implemented before the development causes any disruption to reception.
Reason: To protect the interests of occupiers of nearby residential and commercial occupiers.

41. Sustainable Urban Drainage System (SUDS)
Prior to the commencement of development (unless otherwise approved in writing by the Local Planning Authority), a strategy of surface water drainage for the site using sustainable drainage methods shall be submitted to and approved in writing by the Local Planning Authority. The approved development shall be implemented in accordance with the approved strategy prior to the use of the building commencing.
Reason:- To ensure that the principles of sustainable drainage are incorporated into this proposal.

42. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details.
Reason: To prevent the increased risk of flooding.

43. No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water storage capacity during 1 in 100 year (20%) storm conditions has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.
Reason: To alleviate the increased risk of flooding.

44. No development approved by this permission shall be commenced until a scheme for prevention of pollution during the construction phase has been approved by the Local Planning Authority. The scheme should include details of the following:
1. Site security
2. Fuel oil storage, bunding, delivery and use
3. How both minor and major spillage will be dealt with
4. Containment of silt/soil contaminated run-off
5. Disposal of contaminated drainage, including water pumped from excavations.
6. Site induction for workforce highlighting pollution prevention and awareness.
Invitation for tenders for sub-contracted works must include a requirement for details of how the above will be implemented.
Reason: To ensure that the proposed site development will not cause pollution of Controlled Waters.