25/01211/FUL — 45 Hempland Lane, York YO31 1AT

“The development shall be begun not later than the expiration of three years from the date of this permission.”

Standard three-year start. No details to submit. Reason cites ss.91–93 and 56 of the 1990 Act as amended by s.51 of the 2004 Act.

“The development hereby permitted shall be carried out in accordance with the following plans:- Proposed Site Plan – Dwg. No: WG1372 02 Rev T, dated 09.03.2026. Building 1 Floor Plans and Elevations – Dwg. No: WG1372 03 Rev L, dated 10.12.2025. Building 2 Floor Plans and Elevations – Dwg. No: WG1372 05 Rev I, dated 10.12.2025. Bin & Cycle Stores – Dwg. No: WG1372 06 Rev C, dated 23.02.2026. Swept Path Analysis of Parking Bays – Dwg. No: 25/244/ATR/001 Rev D, dated 04.03.2026. Swept Path Analysis of Two Cars Passing – Dwg. No: 25/244/ATR/002 Rev D, dated 04.03.2026. Swept Path Analysis of Large Van – Dwg. No: 25/244/ATR/003 Rev D, dated 04.03.2026. Swept Path Analysis of Small Refuse – Dwg. No: 25/244/ATR/004 Rev A, dated 04.03.2026.”

Build the drawings listed. No discharge application is described on this condition.

“Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development above foundation level. The development shall be carried out using the approved materials.”

Not a true “no development until”. Demolition and foundations can start. Superstructure cannot, until samples are approved in writing. The report’s note says samples should be made available for inspection on site.

“Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order), the window positioned to the first-floor side (north) elevation hereby approved (facing the rear amenity space of No.6 Hempland Drive) shall at all times be obscure glazed to a standard equivalent to Pilkington Glass level 3 or above, and non-opening.”

Ongoing duty. No submission. The neighbour is identified by address, which is how the condition is written; no personal name appears on the face of the condition.

“The development shall be carried out in accordance with the details shown in the submitted Drainage Assessment – Re: EWE/2024/3272 Revision D, and the Drainage Layout – Re: EWE/3272/01 Revision B, both dated 30th June 2025, unless otherwise agreed in writing with the Local Planning Authority.”

The scheme is already on the file. Build it. Reason: “satisfactory and sustainable drainage.”

“The dwellings hereby permitted shall achieve a reduction in carbon emissions of at least 31% compared to the target emission rate as required under Part L of the Building Regulations 2013 and a water consumption rate of 110 litres per person per day (calculated as per Part G of the Building Regulations). Should the dwellings not achieve a reduction in carbon emissions of 75%, compared to the target emission rate set out in Part L of the Building Regulations 2013, prior to the construction of development above foundation level, a statement to demonstrate that such reductions would not be feasible or viable shall be submitted to and approved in writing by the Local Planning Authority.”

The 31% / 110 litres limb is a performance duty. The 75% limb is a written statement before construction above foundation if 75% is not achieved. Minutes record that members were told inherent Building Regulations still apply, and that if the figures cannot be met the developer would need to write to officers (minutes).

“A programme of post-determination archaeological evaluation is required on this site. The archaeological scheme comprises 3-5 stages of work. Each stage shall be completed and agreed by the Local Planning Authority before it can be approved. A) No archaeological evaluation or development shall take place until a written scheme of investigation (WSI) has been submitted to and approved by the local planning authority in writing. … E) No development shall take place until: – details in D have been approved and implemented on site – provision has been made for analysis, dissemination of results and archive deposition has been secured – a copy of a report on the archaeological works detailed in Part D should be deposited with City of York Historic Environment Record within 3 months of completion or such other period as may be agreed in writing with the Local Planning Authority.”

True pre-commencement at A and E. Stages B–D (investigation, report to the HER within six weeks, preservation or recording proposals as an amended WSI) sit between. The full five-stage text is in the source report. Reason: the site is in an area of archaeological interest (Roman activity and possible roads nearby — report §§3.5–3.9, 5.39–5.41).

“A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. The content of the LEMP shall include the following: a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period followed by five yearly reviews to cover a thirty-year period). g) Details of the body or organisation responsible for implementation of the plan. h) Ongoing monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The LEMP must be fully implemented as approved in accordance with the agreed timescales.”

No start until the LEMP is approved. The condition also requires the legal and funding mechanism for 30-year delivery, and that the LEMP be fully implemented as approved.

“Within three months of commencement of development a detailed landscape scheme shall be submitted to and approved in writing by the Local Planning Authority. This shall include the species, stock size, density (spacing), and position of trees, shrubs and other plants. The proposed tree planting shall be compatible with existing and proposed utilities. The approved scheme shall be implemented within a period of six months of the practical completion of the development. Any trees or plants which within a period of ten years from the substantial completion of the planting and 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, unless the Local Planning Authority agrees alternatives in writing. This also applies to any existing trees that are shown to be retained within the approved landscape scheme.”

Work may start. The scheme is due within three months of commencement. Replacement duty runs ten years.

“Prior to the installation of any new external lighting, a ‘lighting design plan’ shall be submitted to and approved in writing by the local planning authority. The plan shall demonstrate how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications), clearly demonstrating where light spill will occur, both within and outside the site boundary. Lighting as specified should be made in-line with current guidance — Bat Conservation Trust (2023) Bats and Artificial Lighting at Night. Any new external lighting shall be installed in accordance with the approved lighting design plan.”

Bites before lighting is installed, not before demolition. Reason: bats and other light-sensitive species. The condition points to Bat Conservation Trust (2023) guidance.

“A biodiversity enhancement plan/drawing shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of works. The content of the plan shall include the erection/installation of bat and bird boxes on the proposed new buildings and/or suitable retained trees and a timetable for the implementation of the plan. The biodiversity enhancement plan shall be implemented as so approved.”

Trigger is “prior to the commencement of works”. Separate from the statutory 10% BNG plan (informative 3).

“Prior to commencement of the development, a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration and dust during the demolition, site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority. The CEMP must include a site-specific risk assessment of dust impacts in line with the guidance provided by IAQM … and include a package of mitigation measures commensurate with the risk identified in the assessment. All works on site shall be undertaken in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.”

True pre-commencement, and it expressly covers demolition. The report then prints a long NOTE (hours, vibration, dust, lighting, complaints procedure, monthly forwarding of complaints to public.protection@york.gov.uk and planning.enforcement@york.gov.uk). That NOTE is on the source PDF; we have not invented extra bullets.

“In the event that unexpected contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and, if remediation is necessary, a remediation strategy must be prepared, which is subject to approval in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation strategy, a verification report must be submitted to and approved by the Local Planning Authority.”

A procedure if contamination is found. Not a barrier to starting. Report §5.36 had also contemplated site-investigation conditions “in the event of an approval”; those investigation conditions are not in the numbered list at §7.0. We do not add them.

“A detailed method of works statement/construction traffic management plan identifying the programming and management of site clearance/preparatory and construction works shall be submitted to and approved in writing by the Local Planning Authority prior to the development commencing. The statement shall include at least the following information: – measures to prevent the egress of mud and other detritus onto the adjacent public highway; – a dilapidation survey jointly undertaken with the local highway authority; – the routing for construction traffic that will be promoted; – a scheme for signing the promoted construction traffic routing; – hours of working (including hours where vehicles visiting the site will be prohibited), noting the presence of two primary schools nearby; – where contractors will park; and – where materials will be stored within the site. All site clearance/preparatory and construction works shall be carried out in accordance with the method of works statement/construction traffic management plan as so approved.”

True pre-commencement, including site clearance. The two primary schools are named only as a prompt for hours, not as a condition about the schools themselves.

“Prior to occupation of the dwellings hereby approved, should the management of waste not be able to be secured by the Local Authority, a management strategy to explain responsibilities for the management of waste by private provider shall be submitted to and approved in writing by the Local Planning Authority. The Management Strategy shall include although not be limited to the following: Confirmation of the private provider to be responsible; the number of different streams of waste, the number of containers and their size, location and access for residents; the private provider’s responsibilities for the management of the collection of waste from the site, including the frequency of collection for each waste stream, point of collection, and collection arrangements. The management and collection of waste shall be carried out in accordance with the approved management strategy hereafter, unless otherwise agreed by the Local Planning Authority.”

Bites before occupation, and only if the council will not collect. The strategy must cover the provider, waste streams, containers, and collection arrangements, and then be followed thereafter. Report §5.31 records that the store is further from the adopted highway than the council’s 10-metre loading-point guide.

“Prior to the development coming into use, all areas used by vehicles shall be surfaced, sealed and positively drained within the site, in accordance with the approved plans.”

“Coming into use”, not “commence”. Reason: prevent water and loose material reaching the highway.

“Prior to the development coming into use, the initial 10m of the vehicular access, measured from the back of the public highway, shall be surfaced, sealed and positively drained within the site. Elsewhere within the site all areas used by vehicles shall be surfaced and drained, in accordance with the approved plans.”

Overlaps condition 16. Still a coming-into-use trigger.

“The development shall not come into use until the junction with the public highway has been constructed and completed in accordance with the approved plans.”

Coming into use. Informative 9 separately flags that highway-act consents (ss.171, 184, 278 and a possible temporary closure) sit outside this permission. That is a note, not a numbered condition.

“The buildings shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles, and storage of cycles and refuse have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.”

Occupation trigger, then a retention duty.

“No part of the site shall come into use until the turning areas have been provided in accordance with the approved plans. Thereafter the turning areas shall be retained free of all obstructions and used solely for the intended purpose.”

Coming into use, then keep them clear so vehicles leave in a forward gear.

“Prior to the development coming into use the sight lines shown on the approved plans shall be provided free of all obstructions which exceed the height of the adjacent carriageway by more than 1.0m and shall thereafter be so maintained.”

“Prior to the development coming into use, X=2.4M, Y=43m highway visibility splays shall be provided at the junction of Hempland Lane, free of all obstructions which exceed the height of the adjacent carriageway by more than 1.0m and shall thereafter be so maintained.”

Coming into use, then maintain. Report §5.26 said those splays “would be achieved at the site access.”

“The statutory framework for biodiversity net gain set by paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 requires a Biodiversity Gain Plan to be submitted and approved prior to the commencement of development. The development cannot be lawfully commenced until this condition is satisfied.”

Informative 3 of the same report, not a numbered condition. The report’s own ecology section said on-site habitat would fall (about −48% / −0.37 habitat units) and that the 10% net gain was expected off-site via a habitat bank or land in the applicant’s control (§§5.51–5.57). The agent told committee they did not know where that off-site land would be (minutes). That is a fact on the minutes, not advice about whether the BGP will be discharged.