Saturday, 04 July 2009

Council's conditions in full

Note: in compliance with section 100d of the Local Government (Access to Information) Act 1985 the report has been prepared in part from the following papers

Note: in compliance with section 100d of the Local Government (Access to Information) Act 1985
the report has been prepared in part from the following papers: None
CARLISLE CITY COUNCIL
Report to:- Development Control Committee
Date of Meeting:- 4 April 2008 Agenda Item No:-
Public Information Delegated: Yes
Accompanying Comments and Statements Required Included
Environmental Impact Statement: No No
Corporate Management Team Comments: No No
City Treasurers Comments: No No
City Solicitor & Secretary Comments: No No
Head of Personnel Services Comments: No No
Title:- CARLISLE AIRPORT APPLICATION NO 07/1127
Report of:- Director of Development Services
Report reference:- DS.50/08

Report
The Development Control Committee at the meeting on the 28 March 2008 were minded to approve the above application at Carlisle Airport subject to the meeting being adjourned until Friday 4 April 2008 to enable the full Committee to give detailed consideration to the revision of the draft conditions, circulated at the meeting.
The revised conditions are attached as Appendix 1. It should be noted that these may be the subject of modification following responses from consultees on technical details, which because of the timescale involved have not yet been received.
Recommendation:-
It is recommended that the Committee agree the broad content of the proposed conditions (subject to possible modification) and forward, when all appropriate technical input into final wording has been obtained, the application and related documents to the Government Office North West under the Departure procedures.
Catherine Elliot
Director of Development Services
Contact Officer: Alan Eales

APPENDIX 1
APPLICATION 07/1127
PROPOSED CONDITIONS 07/1127 1
RECOMMENDED PLANNING CONDITIONS: CARLISLE AIRPORT
A) General
1) The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.
Reason: In accordance 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) A Programme for the removal, re-location (where appropriate) or reduction in height of those existing buildings or structures that fall within the likely Obstacle Limitation Surface shall be submitted to the Local Planning Authority. The Programme shall include arrangements for all necessary survey/recording to be undertaken in advance of any demolition or alteration work to investigate, where appropriate, the potential presence or use by Protected Species or to allow a permanent record of the building to be made, where required, for archaeological reasons.
Reason: To ensure that adequate time is available to enable appropriate investigation and/or recording or mitigation to be undertaken prior to the work being carried out.
B) Airport Use
3) The Terminal, Warehousing and Freight Distribution building hereby permitted shall only be used for airport-related activities and for the provision of warehousing and distribution accommodation (together with associated offices, administration and other ancillary facilities)
which shall be occupied by Eddie Stobart Limited, Stobart Air, WA Developments and WA Developments International. In the event that any or all of those approved occupiers subsequently vacate all or any part of the building, that area of accommodation shall not be reoccupied until full written details of the business activities of the intended occupier have been provided to the City Council and the Council has given formal written notice that the proposed occupier is considered to be a provider of airport-related services or otherwise has an essential requirement to be located at Carlisle Airport.
Reason: The Council is only prepared to permit the overall proposals on the basis that they constitute “enabling development” that will facilitate investment in, and lead to resultant economic and tourism benefits to the locality deriving from, the regeneration of the aviation sector at Carlisle Airport in accord with the objectives of Policy T5 of Regional Planning Guidance for the North West, Policy RT5 of the North West Plan (the Draft Regional Spatial Strategy for the North West of England), Policies ST8 and T26 of the Cumbria and Lake District Joint Structure Plan and Policy DP3 of the Carlisle District Local Plan 2001-2016 Revised Redeposit Draft.
For the avoidance of doubt “airport-related” activities are defined as:
• Air taxi
• Air Freight forwarders
• Aircraft catering facilities (in-flight catering preparation and storage)
• Aircraft sales
• Aircraft parts sales
• Aircraft hire
• Aircraft cleaning services
• Aircraft configuration and cabin dressing stores
• Aircraft maintenance hangars/workshops
• Airline catering facilities
• Airline offices (for on-airport administration)
• Airline sales
• Airline training centres
• Airport medical facilities
• Airport offices
• Animal quarantine
• Airport Facilities museum
• Avionics maintenance and supply
• Baggage sorting and storage
• Banks and Bureaux de Change
• Cargo handling facilities
• Car rental and hotel desks
• Car rental vehicle storage
• Catering facilities for staff and passengers
• Control tower
• Component maintenance including aircraft engines
• Crew check-in and briefing premises
• Crew medical examination centres
• Customs facilities
• Duty free sales and other retail sales for passengers
• Electricity sub-stations
• Fire-fighting and emergency facilities
• Flying schools and clubs
• Helicopter charters
• Immigration and customs positions
• Immigration detention block
• Information facilities
• Leisure flying clubs
• Passenger terminal
• Pilot supplies
• Police air operations
• Service vehicle maintenance and valeting operations
• Staff recreation facilities
• Suppliers of goods and services to airport based-uses (e.g. printers, cleaners, business services)
• Training facilities including flight simulators
• Warehousing and storage of goods which have been brought into or are to be sent out of the UK by air or are transported within the UK for air
4) Not more than 3 of the “landside” freight/distribution bays identified on drawing number 1004 Rev P2, together with its related ancillary office and service accommodation, shall be brought into use and no other part of the building as proposed shall be temporarily or otherwise used for warehousing purposes prior to the completion of construction of the replacement runway (to the extent that it can be used for testing purposes).
Reason: To ensure that the investment in upgrading of the runway to enable the restoration of scheduled and other passenger and freight services is accorded the highest possible priority in the overall package of proposals.
5) The total number of Aircraft Movements per annum shall not exceed the movements stated in the letter from Scott Wilson (reference D116772 dated 17th January 2008 in relation to predicted Air Traffic Movements at 2016 operation). The limits permitted are detailed below:
Aircraft Movements ATMs Per Annum
ATM - Type
Passenger Air Jets
Non-passenger 0
780 Executive Jets
(e.g. Beech, Citation, Hawker, Falcon) 881
Passenger turboprops (e.g. HS 748, SD 360, J41, ATR42, DHCQ400)
3,651
Non-passenger turboprops
(e.g. ATR 42, ATTR 72)
780
Military (e.g. Hawk, BAe 146 (jets), C130 Tucano)
565
Lt. Aircraft ,4t. MTWA (e.g. PA28, PA38, PA34) 15,515
Total 22, 172
Reason: To ensure that the level of aviation activity and its potential impacts can be monitored to ensure compliance with the information provided within the applicants’ proposals, to protect the environment and to prevent noise nuisance in accordance with PPG 24.
6) The total number of helicopter movements per annum shall not exceed the movements stated in the letter from Scott Wilson (reference D116772 dated 17th January 2008) in relation to predicted movements for all civilian and military helicopter activity at 2016. The limits permitted are detailed below:
Reason: To ensure that the level of aviation activity and its potential impacts can be monitored to ensure compliance with the information provided within the applicants’ proposals, to protect the environment and to prevent noise nuisance in accordance with PPG 24
7) For each Quarter of each calendar year the operators of the Airport shall compile a Schedule detailing all Aircraft Movements which have taken place at Carlisle Airport within that Quarter and all such records shall be permanently retained and shall be made available for inspection by Authorised Officers of the City Council on request. The Schedule shall include, but is not limited to, details of all fixed wing flying operations, general aviation movements, military movements and helicopter movements (civilian and military), and shall include in every case the aircraft type and model number.
Reason: To ensure that the level of aviation activity and its potential impacts can be monitored to ensure compliance with the information provided within the applicants’ proposals, to protect the environment and to prevent noise nuisance.
8) Within the overall Air Traffic Movements permitted under the provisions of Condition 05, there shall be a maximum number of 8 no. night-time ATM’s undertaken between the hours 23.00-06.00 within any 24 hour period, a “movement” for the purposes of this condition being defined as:
i. An aircraft landing between 23.00-06.00 hours that remains on the ground for the rest of that period; or Helicopter ATMs per annum
Military 847 Civilian 4,616
ii. An aircraft which lands between those hours and also takes off again within those hours; or
iii. An aircraft that is already on the ground prior to 23.00 hours but takes off between that time and 06.00 hours the next morning.
Reason: To ensure that the level of aviation activity at night-time is capped at the existing historical level of flights at Carlisle Airport in order to prevent an increased and unacceptable level of disturbance to the residential properties in the vicinity of the Airport.
9) In the event that any part of the site is used for the purposes of testing aircraft engines, such testing shall not take place until details of the location of any such engine testing facility and a detailed schedule of the days and hours when it is expected to be used and the likely duration of use at any period of time have been submitted to, and has been approved in writing by, the Local Planning Authority. The submitted details shall identify the precise location of the engine testing facility, its extent, design, containment and appearance and shall further provide particulars of any measures to minimise noise disturbance to nearby residential properties. No engine testing shall take place anywhere within the overall site other than on any such “approved” location and shall be limited to the time periods identified in the approved particulars.
Reason: To minimise the likelihood of undue noise and disturbance to persons resident within or working within the general vicinity of the Airport.
10) In relation to the Ground Running of aircraft propulsion engines within the Airport:
• the total duration of Ground Running time in any one night period, i.e. between 23.00 and 07.00 hours, shall not exceed 60 minutes; and
• No Ground Running time at high power shall be permitted outside the hours between 09:00 and 18:00 and shall take place only on weekdays.
For the purposes of this condition “Ground Running Time” shall mean:
the time during which ground running noise is capable of being heard, i.e. the simultaneous running of two or more engines will count singly; and “High Power” means any setting above ground idle.
Reason: To protect the amenity of existing and proposed residents and to prevent statutory nuisance.
11) Notwithstanding the provisions of Part 18 in Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order) no additional taxiways nor areas for aircraft manoeuvring, parking or loading/unloading shall be provided without the prior approval of the Local Planning Authority.
Reason: To avoid any risk of damage to existing archaeological features or areas, which may have nature conservation significance.
C) Highways
12) Before any development takes place, a plan which shall reserve adequate land within the site for the parking of vehicles engaged in construction operations associated with the development hereby approved and shall show the intended means of vehicular access thereto, shall be submitted for the prior written approval of the Local Planning Authority in consultation with the Highway Authority. That land shall be used for or be kept available for these purposes at all times until completion of the construction works associated with the approved development. The proposed means of vehicular access thereto shall be retained for the duration of the construction works unless it is replaced following the formation and the bringing into use of the main
site access from the new roundabout junction with the A689.
Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.
13) Prior to the commencement of any construction operations on the new access from the A689 there shall be submitted to, and approved in writing by the Local Planning Authority in consultation with the Highway Authority, full constructional details and an associated Safety Audit of the design of the proposed roundabout junction together with full constructional details of the associated internal junction and road system within the development area. The junction improvement with the A689 shall be completed in accordance with such approved details or any such variation to them as may be required as part of an
agreement with the Highway Authority under Section 278 of the Highway Act 1980 (unless otherwise agreed in writing with the Local Planning Authority) and those works, together with the works for the internal junction and access routes, shall be fully completed before any part of the proposed accommodation is brought into use.
Reason: To ensure the provision of a safe and efficient means of access from the county highway to the development and an appropriate system of roads within the site itself.
14) The carriageway, footways, footpaths, etc shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, safety audits shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification and drawings have been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide and other current guidance. Any works so approved shall be constructed before the development is complete.
Reason: To ensure a minimum standard of construction in the interests of highway safety and to support Local Transport Plan Policies: LD5, LD7, and LD8.
15) No building hereby permitted, or any part thereof, shall be occupied until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The Green Travel Plan shall include the following measures:
i) The provision of short and long-term targets for increasing the proportion of journeys made by employees and passengers to the airport by public transport.
ii) The development of a strategy for achieving those targets drawing on the best practice available including the identification of sources of funding for implementation.
iii) A monitoring programme to include modal split surveys of passenger and staff journeys every two years and a full census every five years following the commencement of use.
iv) A review of bus services for staff including such matters as the provision of bus timetables, relating shift start and finish times to operating times of local bus services.
v) Organisation and promotion of car sharing schemes.
vi) Identification of a person to organise and co-ordinate the Green Travel Plan, including raising awareness of alternatives to staff through education and information.
vii) Measures to aid the access and comfort of disabled users. The measures identified in the Travel Plan shall be implemented by the developer within 12 months of the development (or any part thereof) being occupied.
Reason: To aid in the delivery of sustainable transport objectives and to support Local Transport Plan Policies: LD4 and Structure Plan Policy T31.
16) The proposed development shall not be occupied until a suitably qualified and experienced person or organisation has been appointed to act as Travel Plan Co-ordinator. The position of Travel Plan Coordinator shall be maintained for a period of at least five years from the first occupation of the premises or any part thereof. An annual report reviewing the effectiveness of the Travel Plan and including any necessary amendments or measures shall be prepared by the Travel Plan Co-ordinator and submitted to the Local Planning and Local Highway Authorities for approval.
Reason: To aid in the delivery of sustainable transport objectives and to support Local Transport Plan Policy LD4 and Structure Plan Policy T31.
17) The proposed first phase of car, coach, taxi set-down and cycle parking facilities for air passenger use and the proposed first phase of staff parking areas for employees of the proposed development as shown on the “Year of Opening” Parking Provision Plan (drawing number D113877/PL/100) shall be fully completed and available for use prior to the occupation of any part of the building.
Reason: To ensure an acceptable level of on-site parking, commensurate with the scale of development, is available to serve the needs of occupiers and users of the development.
18) Further to the provision of the parking facilities referred to in Condition 17, no additional car parking facilities, for either passenger or staff use,
shall be provided other than in accordance with a detailed Car Parking Strategy which shall have been submitted to, and been approved in writing by the Local Planning Authority in consultation with the Highway Authority.
Reason: To ensure that the phased introduction of additional car parking is only undertaken in accordance with an agreed Strategy that balances an acceptable level of on-site parking with other measures to encourage use by alternative modes of transport.
19) Details showing the provision within the site for cycle parking, both for staff, visitors and passenger, shall be submitted to the Local Planning Authority for approval. The development shall not be brought into use until any such details have been approved and the cycle parking facilities shall be kept available for such purpose at all times and shall not be used for any other purpose.
Reason: To ensure a minimum standard of cycle parking provision is made within the site and to support Local Transport Plan Policies C3, LD7 and LD8.
20) Following the completion of the replacement runway and prior to it being brought into use (other than for testing purposes) the proposed Traffic Signals to control traffic on the Laversdale road and on the side road from the Irthington road shall be installed and be operational.
Reason: To ensure that the safety of road and aircraft users is protected.
D) Archaeology
21) Prior to the commencement of development, a scheme of evaluation to identify the presence and location of Stanegate Roman road shall be submitted to and agreed in writing by the Local Planning Authority in consultation with English Heritage and the County Archaeologist. The evaluation shall be implemented in accordance with the approved scheme and the results of the evaluation will inform the specific location and design of the clean water and dirty water lagoons to ensure that a minimum distance of 10m is kept between the Roman road and the lagoons.
Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains
22) No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.
This written scheme will include the following components:
i) An archaeological evaluation and, where appropriate, an archaeological recording programme, the scope of which will be dependant upon the results of the evaluation, to be undertaken in the area of the proposed pumping station and two water lagoons on the western edge of the airport in accordance with the agreed written scheme of investigation;
ii) An archaeological watching brief on any significant ground works associated with the erection of the approach lights to the east and west of the airport and the erection of the security fencing on the south side of the airport in accordance with the agreed written scheme of investigation;
iii) An archaeological excavation of the area in which prehistoric remains were revealed in the initial evaluation in accordance with the agreed written scheme of investigation;
iv) A post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Planning Authority, completion of an archive report, and publication of the results in a suitable journal;
v) The air traffic control tower, Watchclose Farm, and air raid shelter shall be recorded in accordance with a Level 2 survey as described by English Heritage’s document Understanding Historic Buildings A Guide to Good Recording Practice, 2006 and, following its completion, 3 copies of that survey shall be furnished to the Local Planning Authority
Reason: To (1) To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains; and (2) To ensure that a permanent record is made of the buildings of historic interest prior to their alteration and demolition as part of the proposed development. E) Design
23) No development hereby permitted shall take place until detailed plans and particulars of the proposed building and its associated parking/circulation areas detailing the incorporation of a range of initiatives in relation to energy harvesting/energy conservation have been submitted to and approved in writing by the Local Planning Authority.
Reason: To accord with the advice contained within Planning Policy Statement 12, and comply with Policy ST3 of the Cumbria and Lake District Joint Structure Plan and Policy CP8 of the Carlisle District Local Plan 2001-2016 Revised Redeposit Draft.
24) No development hereby permitted shall take place until detailed plans, elevations and sections of the proposed building, together with a schedule and sample of finishes to be used on its external elevations, have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include proposals intended to be employed to secure articulation of the principle facades, the intended site and finished floor levels to identify its physical relationship with the existing ground levels, the measures to be incorporated to secure high levels of energy conservation, and the intended use of appropriate materials and colour to assimilate the form and scale of the building within its rural setting.
Reason: To accord with the advice contained within Planning Policy Statement 12, and comply with Policy ST3 of the Cumbria and Lake District Joint Structure Plan and Policy CP8 of the Carlisle District Local Plan 2001-2016 Revised Redeposit Draft.
25) No development hereby permitted shall take place until detailed plans and particulars of the proposed surface treatment, drainage, marking out and lighting all access routes to and within the car, coach, and HGV parking areas and pedestrian routes to and from them have been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure an appropriate and acceptable quality of development.
26) No development hereby permitted shall be brought into use until detailed plans of all proposed external plant and machinery, including the proposed electrical sub stations, LPG Store and Sprinkler Tank have been submitted to and approved in writing by the Local Planning Authority and, where necessary, the submitted particulars shall include details of any associated soundproofing or appropriate measures to limit the transmission of airborne or structure borne sound.
Reason: To ensure the details are acceptable and will, in operational use, result in no adverse impact in terms of noise or nuisance.
27) Notwithstanding the details of proposed perimeter fencing submitted and shown on the approved plans, details of all fencing to the site perimeter and between “airside” and “landside” activities shall be submitted to and approved in writing by the Local Planning Authority in consultation with Cumbria Constabulary.
Reason: To ensure the utilisation of an appropriate standard of high security fencing to provide for the maximum safety of users of the airport.
28) Notwithstanding the provisions of Part 18 in Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order) no additional external lighting shall be erected/installed without the prior permission of the Local Planning Authority.
Reason: To enable the LPA to review any potential impacts arising from additional lighting upon the living conditions of adjacent and nearby residents, the rural character of the area and upon wildlife interests.
F) Landscaping
29) Notwithstanding the details shown on submitted Drawings Numbered D11672/LA01 Rev E and D11672/LA02 Rev C, within 3 months of the date of this approval there shall have been submitted to, and approved in writing by, the Local Planning Authority, a detailed landscaping and screening scheme for the immediate perimeter area adjacent to the proposed new building and its associated car, coach and lorry parking and servicing areas, loading/unloading and fuelling yards. That scheme shall specify the proposed planting heights and planting densities of all species and shall make particular provision for effective screen planting within the passenger short-stay and long-stay parking areas, within the employee parking areas and for substantial screen planting and/or earth mounding to be undertaken adjacent to the north-eastern gable of the proposed freight and distribution warehouse.
Reason: To ensure that an appropriate and effective landscaping scheme is prepared and to ensure compliance with Policy ST3 of the Cumbria and lake District Joint Structure Plan and Policy CP4 of the Carlisle District Local Plan 2001-2016 Revised Redeposit Draft.
30) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out during the first available planting and seeding seasons after completion of each stage of construction operations and shall be maintained thereafter to the satisfaction of the Council; 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 ensure that a satisfactory landscaping scheme is implemented and that if fulfils the objectives of Policy ST3 of the Cumbria and Lake District Joint Structure Plan and Policy CP4 of the Carlisle District Local Plan 2001-2016 Revised Redeposit Draft.
G) Noise and Dust
During The Construction Stages
31) The development hereby permitted shall not be commenced until a Construction Site Management Plan (CSMP) has been submitted to and approved in writing by the Local Planning Authority. Following its approval, the development shall thereafter be carried out strictly in accordance with the approved Construction Site Management Plan.
The Construction Site Management Plan shall, in addition to the works further specified under Condition 62 of this planning permission, include as a minimum:
a) The proposed date and sequence of works/construction phases;
b) The details of proposed normal working hours and intended start up and close down times;
c) An outline of any work which may require construction outside of normal working hours together with any control which will be applied to mitigate against nuisance and complaints;
d) The details of how “construction site limits” of 65-67 dB LAeq, 12h (as specifically mentioned in the submitted Environmental Statement) shall be assessed, monitored and controlled;
e) The location(s) of any proposed compounds; and, access points, routes for construction vehicles, equipment and plant during construction;
f) Details of equipment and plant to be used (including type, make and expected number);
g) The identification of any sensitive receptors (such as trees, water courses, local residents and other commercial businesses);
h) Method of delivery/removal of materials and plant;
i) Procedures for (all permanent site staff and temporary) employees undertaking construction site activities, for dealing with major incidents, unexpected occurrences or finds during construction, particularly related to:
• Air Quality (such as dust)
• Ground quality (contamination issues)
• Noise and Vibration
• Light nuisance
• Water resources
j) Procedures for handling external communication, liaisons and complaint;
k) Procedures for co-ordinating the monitoring of results to ensure that there are no adverse effects and that the cumulative effects of activities as a whole are considered;
l) Any monitoring proposal protocols detailed shall include:
• Frequency of monitoring
• Standards/Factors against which monitoring will be analysed
• Actions to be taken in event of complaints or breached limits/thresholds.
Reason: To protect the environment and prevent statutory nuisance.
32) During the construction of the development hereby permitted wheelcleaning equipment at any location where HGV, Plant Equipment etc shall be made available where it is identified that mud or other such material is being carried onto the highway. Measures shall also be taken to remove any material that is deposited.
Reason: To protect the environment and to prevent dust nuisance.
33) Any vehicles travelling to and from the application site which are carrying material that has the potential to give rise to the emission of dust shall be covered in such a manner so as to minimise the emission of dust during transit.
Reason: To protect the environment and to prevent dust nuisance.
34) Any material which shall be stored on site which has the potential to give rise to dust shall be stored away from the site boundary and any mounds of material shall be profiled in order to minimise dust to the satisfaction of the Local Planning Authority. Where dust nuisance arises from such stockpiles then dust suppression shall be required.
Reason: To protect the environment and to prevent dust nuisance.
When The Development is Operational:
35) At relevant receptors outside the airport boundary, the locations of which shall be identified in agreement with the Local Planning Authority, noise levels shall not exceed:
• An outdoor day time value of 54dB LAeq, 16h;
• An outdoor night time value of 45dB LAeq, 8h (23:00- 07:00); and
• An outdoor night time value 60 LAmax dB
Reason: To achieve a noise threshold that will provide an acceptable level of protection within the locality from potential noise nuisance arising from activities associated with the development
36) Upon the request of the Local Planning Authority the Airport Operators shall calculate and supply to the LPA the 54dB LAeq 16 Hour and the 45dB LAeq 8 hr noise contours. Prior to the calculation of controls all input data to be used shall be agreed with the Local Planning Authority.
Reason: To achieve a noise threshold that will provide an acceptable level of protection within the locality from potential noise nuisance arising from activities associated with the development.
37) No part of the passenger and/or freight terminal and associated hangars hereby permitted shall be brought into use until a Procedure for Handling Noise Complaints by the public has been prepared and particulars of it have been submitted to and approved in writing by the Local Planning Authority. The procedure shall include the following:
a) arrangements for the recording and investigation of each complaint;
b) arrangements for the production of a Report of the investigation into each complaint and for a copy of that Report to be included in the response to that individual;
c) the provision of copies of the completed Report into the investigation of each complaint and the related written response to the complainant to be forwarded to the Local Planning Authority within one month of the completion of the investigation and production of the Report of Investigation; and
d) the preparation of an Annual Summary Report of Complaints which shall be made available to both the Public and Local Authority.
The airport shall not be operated otherwise than in accordance with the approved Procedure for Handling Noise Complaints by the public. Reason: To protect the amenity of existing and proposed residents and to prevent statutory nuisance.
38) No part of the passenger and/or freight terminal and associated hangars hereby permitted, shall be brought into use until a Noise Management Plan to deal with all site operations/activities has been submitted to and approved in writing by the Local Planning Authority.
The Noise Management Plan shall identify:
• Any restriction in the operation of aircraft;
• How complaints will be managed and who is responsible for collating information;
• What actions are required for mitigation; including the need for
monitoring
• the arrangements for the regular review of the Noise Management Plan
Any new or extra on-site activities shall be assessed prior to their implementation and that assessment shall be included within a revised Noise Management Plan.
Reason: To protect the living conditions of residents and businesses living and/or operating in the immediate locality of the Airport and to prevent statutory nuisance.
39) Where the Local Planning Authority or the Airport Operator receives complaints associated with the maintenance of aircraft; the testing of aircraft or aircraft ground running noise, an Assessment of the noise impact at affected receptors shall be carried by a competent noise consultant and a Report of the Assessment findings shall be produced and the results forwarded to the Local Planning Authority.
Reason: To protect the living conditions of residents and businesses living and/or operating in the immediate locality of the Airport and to prevent statutory nuisance.
40) Where mitigation measures are recommended following any Assessment carried out in accordance with the requirements of Condition 39, the Airport Operators shall implement such measures as are identified within the Assessment to secure an acceptable remediation of any adverse impact that has been identified. Following completion of such measures as were identified within the Assessment, the Airport Operators shall monitor those actions and provide documented evidence that their implementation has resulted in the remediation required.
Reason: To protect the living conditions of existing and proposed residents and to prevent statutory nuisance.
41) Before the bringing into use of any part of the development hereby permitted the applicants shall prepare (either as a self-contained Document or as part of an overall Site Management Plan) a Service/Haulage Yard Management Plan and shall submit it to the Local Planning Authority for its written approval. The Plan shall include provisions for the operational management of that aspect of the development to ensure it is operated with minimum disturbance to adjacent and nearby occupiers. It should make particular provision to ensure that no vehicles shall use audible reversing alarms on site between the hours of 2300 to 0700 Mondays to Sundays (during those times a non-audible alternative shall be used) and shall also set out the arrangement to ensure that all loading and unloading of HGV’s is carried out within the service/haulage buildings. Thereafter haulage activities, inclusive of the unloading and loading of vehicles, shall be undertaken in complete accordance with the approved Service/Haulage yard Management Plan.
Reason: To protect the living conditions of residents and businesses living within and/or operating in the immediate locality of the Airport and to prevent statutory nuisance.
42) Maintenance work on vehicles within the Service/Haulage Yard shall only take place between the hours of 0900-1700 on Mondays to Fridays and on Saturdays between 0900-1200 hours. Emergency repair works shall be permitted outside these hours where the repair is essential to secure health and safety responsibilities.
Reason: To protect the amenity of existing and proposed residents and to prevent statutory nuisance.
43) Where it is undertaken for essential reasons for health and safety purposes, a written record of emergency repairs undertaken outside of the permitted maintenance/repair times set out under Condition 42, shall be kept on site and made available at all times for inspection upon request by an authorised Officer of the City Council. The record shall include information regarding the person authorising the emergency repair/maintenance (name and position); the nature of the repair; and a log of the date, time commenced and the duration of the time spent on the repair work.
Reason: To protect the amenity of existing and proposed residents and to prevent statutory nuisance.
H) Contamination
44) No part of the development hereby permitted shall commence until:
(a) There has been submitted to and approved in writing by the Local Planning Authority ("the LPA") a methodology for site investigations and assessments; and
(b) Following the approval of the methodology, as required by paragraph (a) above, such site investigations and assessments as are referred to therein have:
(i) been carried out by appropriately qualified personnel in accordance with British Standard 10175:2001 "Investigation of Potentially Contaminated Sites: Code of Practice" and current Government and Environment Agency guidance; and (ii), in the eventuality of land contamination being present the types,
nature and extent of contamination, the risks to receptors and the potential for migration within and beyond the site boundary shall be identified (all laboratories used for testing purposes shall be registered to the ISO 17025:2000 quality standard).
Reason: To protect the environment and prevent harm to human health.
45) Where such site investigations and assessments as provided for in Condition 44 (above) indicates that remediation is required, a remediation scheme ("the Remediation Scheme") shall be submitted to and approved in writing by the LPA. The Remediation Scheme shall:
(i) Include an implementation timetable ("the Implementation Timetable");
(ii) Include a remediation and verification methodology comprising a sampling and analysis programme to confirm the adequacy of decontamination;
(iii) provide for an appropriately qualified person to oversee the implementation of all remediation ("the Remediation Scheme").
Reason: To protect the environment and prevent harm to human health.
46) All measures as are identified in the Remediation Scheme shall be undertaken in accordance with the Implementation Timetable and any measures at variance with the Remediation Scheme shall be submitted to and agreed in writing with the LPA in advance of such Remediation Measures being undertaken.
Reason: To protect the environment and prevent harm to human health.
47) In the event of a Remediation Scheme being undertaken, the applicants shall on completion of the scheme submit a Report recording the remediation carried out, and secure approval in writing from the Local Planning Authority of that Report, The Report shall include details of the following:
i) Results of the verification programme of post remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met,
(ii) Confirmation that all remediation measures have been carried out fully in accordance with the Remediation Scheme; and
(iii) Proposals for future monitoring and reporting.
Reason: To protect the environment and prevent harm to human health.
48) If contamination not previously identified is found to be present during development (i.e. building works), no further development shall be carried out (unless otherwise agreed in writing by the Local Planning Authority) until the developer has obtained written approval from the Local Planning Authority. The written application by the developer shall detail how this contamination shall be dealt with. Once the remediation measures have been carried out a validation report verifying the remediation shall be submitted. In complying with this condition, the words “contamination not previously identified” shall mean substances present in soil or groundwater.
Reason: To protect the environment and prevent harm to human health.
I) Foul and Surface Water Drainage
49) No part of the approved development shall be brought into use until such times as a detailed Drainage Strategy and detailed scheme of proposals for the collection/containment/ treatment and/or disposal of all foul wastes (including contamination from fuel and/or products used in the de-icer process) and for dealing with all surface water from buildings, roads, car-parks, service yards and uncontaminated run-off from all hardstandings used by aircraft including aircraft stands/runways/aprons/taxiways and aircraft parking areas have been submitted to and have secured approval in writing from the Local Planning Authority in consultation with the Environment Agency, United Utilities and Natural England. The Drainage Strategy shall incorporate an ‘Emergency Plan’ detailing how it is proposed to deal with any specific pollution events during site operation to minimise the risk of potential pollutants reaching the River Eden SAC.
Reason: To ensure a satisfactory system of drainage to fully deal with all foul and surface water arising from the development, to prevent an increased risk of flooding and to prevent pollution of the water environment in accord with the advice contained within PPS25, Policies ER8 and EQ3 of RPG13, Policy EM5 of the North West Plan (draft Regional Spatial Strategy), Policies ST3 and C42 of the Cumbria and Lake District Joint Structure Plan and Policies CP9, CP10, CP11 and CP12 of the Carlisle District Local Plan 2001-2016 Revised Redeposit Draft.
50) Any proposed liquid storage tanks (e.g. aviation or other fuels, oils, or process chemicals) shall be located within bunded areas having a capacity of not less that 110% of the largest tank. If tanks are connected by pipe work in such a way to allow equalisation of the level of contents, then the bund capacity should be 110% of the largest combined volume. The floor and walls of the bund shall be impervious to oil and water (and resistant to any stored chemicals). Any inlet/outlet/vent pipes and gauges must be within the bunded area. Details of the bunds shall be submitted to and approved in writing by the Local Planning Authority prior to their installation, and shall be implemented in accordance with the approved details. The approved details must
also include information on the frequency of maintenance. If contamination is found within the bund the contents shall be suitably disposed of. A record shall be made detailing the contamination, action taken, and results of any investigation undertaken to identify the cause of the contamination.
Reason: To protect the environment and prevent harm to human health.
51) Prior to being discharged into any watercourse, public surface water sewer or soakaway system, all surface water run-off, excepting roof water, from any areas serving car/lorry/coach parks shall be provided with appropriate oil/petrol/grit interceptors designed to have a capacity and details compatible with the areas being drained.
Reason: To prevent pollution of the water environment.
52) All vehicle washing facilities and freight loading/off loading areas shall incorporate effluent containment facilities or otherwise drainage from them should be connected to the foul sewer.
Reason: To prevent pollution of the water environment
53) No development approved by this permission shall be commenced until such times as a method for piling foundations has been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Environment Agency. Piling work shall, thereafter, be undertaken in accord with the approved details.
Reason: The site is contaminated/potentially contaminated and piling could lead to the contamination of groundwater in the underlying aquifer.
G) Nature Conservation
54) No vegetation or structures suitable for nesting birds shall be cleared/removed during the period 1st March to 15th August in any calendar year unless a breeding bird survey of the area to be cleared/removed has been undertaken and the results have been submitted to and been approved in writing beforehand by the Local Planning Authority. If works cannot be avoided during the breeding bird season, vegetation and structures should be checked for the presence of nesting birds just prior to works being undertaken and any active nests found should be left undisturbed until the young birds have fledged.
Reason: To ensure no impact on nesting birds
55) Prior to commencement of development works, a Method Statement for the assessment of potential presence of, and impact upon, Reptiles shall be submitted to and approved in writing by the Local Planning Authority. The Method Statement shall adopt the ‘worst case scenario’ and shall include the following information:
1. The identification of all areas of habitat suitable for reptiles;
2. An assessment of likely impact of the development based on an assumption of maximum carrying capacity; and
3. Details of a proposed Mitigation Strategy including a programme for its implementation and on-going monitoring.
Reason: To ensure no adverse impact on the local Biodiversity resource in accordance with the advice contained within Planning Policy Statement 9: Biodiversity and Geological
Conservation and in accord with the requirements of Policy E35 of the Cumbria and Lake District Joint Structure Plan.
56) No works shall commence until a detailed mitigation scheme and related monitoring programme for great crested newts has been submitted to, and approved in writing by, the Local Planning Authority and a European Protected Species Licence has been obtained from DEFRA. All conditions of the Protected Species License shall be reported by the applicants to both Carlisle City Council and Natural England.
Reason: To ensure no adverse impact on the favourable conservation status of a European Protected Species of wildlife.
57) No works shall commence until a detailed mitigation scheme for and related monitoring programme for bats has been submitted to, and approved in writing by, the Local Planning Authority and a European Protected Species Licence has been obtained from DEFRA. All conditions of the Protected Species License shall be reported by the applicants to both Carlisle City Council and Natural England.
Reason: To ensure no adverse impact on the favourable conservation status of a European Protected Species of wildlife.
58) A survey for badgers shall be undertaken by an appropriately qualified ecologist not more than 14 days before the works hereby approved commence and the results shall be submitted to the Local Planning Authority for approval. Should evidence of badgers be found, the applicants shall ensure that all statutory procedures must be followed according to the relevant legislation protecting this species. In addition, in terms of site management obligations any holes excavated during development work shall be covered at night to prevent badgers from falling into them and being injured;
Reason: To ensure enhancement of the local Biodiversity resource in accordance with the requirements of Policy E35 of the Cumbria and Lake District Joint Structure Plan and Planning Policy Statement 9: Biodiversity and Geological Conservation.
59) All badger road traffic incidents around the Airport site shall be monitored and reported to Natural England and/or Carlisle City Council; and in the event of an increased trend in badger road casualties being recorded following the bringing into use of the development, the applicants shall prepare and submit for written approval by the City Council a scheme of proposals to afford increased protection from vehicular traffic.
Reason: To ensure enhancement of the local Biodiversity resource in accordance with the requirements of Policy E35 of the Cumbria and Lake District Joint Structure Plan and Planning Policy Statement 9: Biodiversity and Geological Conservation.
60) Within six months of the date of this planning permission, the applicants shall prepare in consultation with appropriate bodies, including Carlisle City Council, Natural England and the Cumbria Wildlife Trust, and submit to the Local Planning Authority for its written approval a Biodiversity Management and Enhancement Plan. The Plan shall include the following:
1. Details of the proposed long term management of existing and
proposed areas of semi-natural habitat within and, where appropriate, on land outside of the application site
2. Details of the proposed Implementation Strategy
3. Details of the proposed Monitoring Strategy
All works shall be implemented in accordance with the approved Plan
Reason: To ensure enhancement of the local biodiversity resource in accordance with the requirements of Policy E35 of the Cumbria and Lake District Joint Structure Plan and
Planning Policy Statement 9: Biodiversity and Geological Conservation.
61) In order to assess the effectiveness of the measures set out in the Plan required by Condition 60, an Annual Monitoring Report shall be produced at the end of each year for a minimum period of 5 years from the date of submission of the Biodiversity Management and Enhancement Plan and each edition of the Annual Monitoring Report shall be submitted to the Local Planning Authority for its approval.
Reason: To ensure enhancement of the local biodiversity resource in accordance with the requirements of Policy E35 of the Cumbria and Lake District Joint Structure Plan and Planning Policy Statement 9: Biodiversity and Geological Conservation.
62) The Construction Site Management Plan (required to be submitted to and approved by the Local Planning Authority under Condition 31) shall incorporate measures to maintain the integrity of Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs) during the construction phase of the development hereby approved. This plan shall include:
1. measures to minimise siltation of the River Eden SAC during construction
2. measures to prevent chemical pollution of the River Eden SAC during construction
3. measures to be undertaken to ensure no contamination of the River Eden SAC through surface water drainage during construction and operation
4. measures to be undertaken to ensure no contamination of the River Eden SAC through sewage effluent / foul drainage during operation
5. measures to be undertaken to ensure no contamination of the River Eden SAC in the event of a pollution event / spillage
incident during construction and operational phases
6. measures to be undertaken to minimise risk of toxic pollutants arising from contaminated ground being transferred to the River Eden SAC via surface and/or groundwater during construction and operation.
7. Measures to minimise disturbance of the River Eden SAC and SSSI by way of noise, vibration and lighting during construction and operation.
Reason: To ensure no adverse impact on the integrity of sites of international (Special Protection Areas; Special Areas of Conservation) or national importance (Site of Special Scientific Interest) for nature conservation.
63) There shall be no changes to the existing Bird Control and Bird Strike Management Plan or to the existing Safeguarding Area for Carlisle Airport without prior consultation with Natural England, the Royal Society for the Protection of Birds, Cumbria Wildlife Trust and Carlisle City Council, in order to ensure such measures are subject to the necessary assessment under the Habitats Regulations.
Reason: To ensure no adverse impact on the integrity of sites of international (Special Protection Areas; Special Areas of Conservation) or national importance (Site of Special Scientific Interest) for nature conservation.

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