Wednesday 4 February 2009

appeal to cllrs to stop Bute Park tree felling

To Cllrs,

I attach the 17 pre-conditions set by the Council before the development at the College M&D is allowed to proceed, that we have just obtained. It is obvious these in toto would take an appreciable time (months) involving negotiations with officers before they can be satisfied ('discharged'). Conditions on archaeology and chemical sampling might even turn up costly or unsurmountable obstacles to the development.

Any development is normally held up (especially development in sensitive locations) until investigations are complete and details are settled precisely because unforeseen obstacles or changed circumstances may mean it doesn't proceed for years (or at all).

In this case, special permits have been granted to allow the tree felling in advance. Why and on whose say-so you might ask. I maintain the officers have not succeeded in getting round the letter of the law. The case officer has referred it back to the Legal Dept. who have not referred to any caselaw for their claim that the clause 56(4)(e) below does not apply.
Will you defend the spirit of the law and try to stop further tree felling at least pending proper determination?

Max

17 pre-conditions set by the Council

No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until details of access facilities for disabled persons, have been submitted to and approved in writing by the local planning authority
Prior to the commencement of development, a scheme of highway improvement/accommodation works to North Road/A470 and the North Road car park where they abut the site and/or are affected by the proposed development, and a timetable for its implementation shall be submitted to and approved by the Local Planning Authority.
Prior to the commencement of development a specific Event Management Plan to detail transport arrangements for performances (audience, performers and crew/equipment) where the audience figures exceed those currently catered for and/or events held before 18.00hrs Monday to Saturday is to be submitted to and approved in writing by the Local Planning Authority
Prior to commencement of each phase of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities.
No development shall take place until details of the junction between the proposed access road and the highway have been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority.
No development shall take place until details of facilities for the storage and collection of refuse/recycling containers have been submitted to and approved in writing by the Local Planning Authority. The details provided shall be based on the findings of a ‘waste and recycling audit’ which shall be undertaken by the college in order to predict the necessary waste storage capacity and determine the storage and collections requirements of the facility, which shall be submitted simultaneously with the aforementioned details.
No excavations/groundworks shall take place until a written scheme of archaeological investigation has been submitted to and approved by the Local Planning Authority.
Prior to the commencement of development, a detailed management scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority.
No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority.
No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until full details of hard and soft landscape works and tree planting within the application site have been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until full details of hard and soft landscape works and tree planting to be undertaken outside of the application site (immediately to the east of the dock feeder, within Bute Park, and to the north and south of the planning application site boundary) have been submitted to and approved in writing by the Local Planning Authority.
Prior to commencement of development, details of the proposed site compound / hoardings and access thereto shall be submitted to and approved by the Local Planning Authority and the compound shall accord with the approved details for the duration of the construction, unless otherwise agreed in writing with the Local Planning Authority.
No development shall commence until such time as a development phasing plan has been submitted to and approved in writing by the local planning authority
Prior to the commencement of development, the eastern bank of the dock feeder shall be enclosed to mitigate against my potential for the pollution of that watercourse in accordance with a scheme of detail which shall first have been submitted to and approved by the Local Planning Authority.

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