12/1990/EIS LAND SOUTH OF GREEN LANE, YARM, OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT FOR UP TO 370 DWELLINGS, ADDITIONAL RAILWAY STATION CAR PARKING, ACCESS, INFRASTRUCTURE, OPEN SPACE AND LANDSCAPING (ALL MATTERS RESERVED EXCEPT FOR ACCESS)
RESOLVED that planning application 12/1990/EIS be approved subject to the applicant entering into a Section 106 Agreement in accordance with the Heads of Terms below and the following conditions and informatives:-
In the event of the legal agreement having not been signed by 4th August 2013 that the application be refused. SECTION 106 AGREEMENT Heads of Terms Education The rate of contribution required from developers for school places would be £8,000 x 0.26 = £2,080 per family home (i.e., homes with two or more bedrooms). Payment of developer contributions should be made in four equal tranches at the occupation of the 50th dwelling, the occupation of the 100th dwelling, the occupation of the 150th dwelling and the occupation of the 200th dwelling. The calculation to reflect a discount of £8,000 per vacant place in Kirklevington Primary and Saint Cuthbert's RC Primary Schools as recorded within the Annual School Census current at that time of the occupation of the relevant dwelling, subject to a pro-rata allocation of this discount amongst other committed development within the local area. Local Authority to provide within one month of a request being made its confirmation of the applicable discount by reference to the Annual School Census and specific details of other developments to benefit from the discount. Contribution to be held in an interest-bearing account. Payment to be used for the purposes identified within 5 years of payment being made or otherwise returned together with the interest accrued. Conyers School A commuted sum of £500,000 by way of a contribution towards community sporting facilities at Conyers Secondary School to be payable in two equal tranches (£250,000 upon completion of 150th dwelling and £250,000 upon completion of 300th dwelling). Monies to be held in an interest bearing account to be refunded if they are not spent within 5 years of payment. Affordable Housing The development shall not begin until details have been submitted to and approved in writing by the local planning authority of a scheme for the provision of affordable housing on site to comprise 20% of all units. The submitted scheme shall include details of the following, as appropriate:- i) The delineation of the area or areas of the site upon which the affordable dwellings will be constructed; ii) the type, tenure and size of affordable dwellings to be provided; iii) The arrangements the developer shall make to ensure that such provision is affordable for both initial and successive occupiers; iv) The phasing of the affordable housing provision in relation to the provision of open market housing on the site; v) Occupancy criteria and nomination rights in relation to identified housing need. Highway Mitigation Contribution (£117,000) towards highway improvements on the western side of Ingleby Barwick to be paid on occupation of the 150th dwelling. Contribution (£2,000) towards the introduction of a Traffic Regulation Order (TRO) on Green Lane to reduce the speed limit from 40 mph to 30 mph; Contribution (£2,000) towards the introduction of a Traffic Regulation Order (TRO) on Green Lane to prevent vehicles parking around the site accesses and railway station entrance; The provision of an off-street car park of at least 34 car parking spaces close to Yarm High Street (or a financial contribution of £280,000 towards improvements to car parking in Yarm prior to occupation of the first dwelling) laid out and equipped in accordance with the operational requirements of SBC including the provision of 2 no. double Electric Vehicle Charging Point chargers (4 no. total charging points). This car park must be fully operational as a long-stay car park prior to the occupation of the first dwelling on the site Enter into a S278 for the following works:- Two new access junctions into the site from Green Lane; Junction improvements at the A67 / Green Lane roundabout junction; Junction improvements at the A67 / Worsall Road junction; Junction improvements at the A67 / Crathorne Interchange junction; Speed reduction works to reduce the speed limit on Green Lane from 40 mph to 30 mph. To include street lighting and signing; New footways, dropped kerbs and tactile paving at both new junctions providing access into the site from Green Lane to connect the development to the existing pedestrian network; and improvements to the pedestrian crossing to the west of Davenport Road. Provision of an off road (lay-by) bus stop and shelter on Green Lane; Travel Plan Prior to commencement of development, submit a Travel Plan for approval by the Local Planning Authority including: (a) a proposal for the appointment of a person or body appointed through the Development to administer and co-ordinate implementation of the Travel Plan a Travel Plan Co-Ordinator (TPC) for a minimum of 5 years; (b) the provision of contact details of the TPC to the Council; (c) modal split targets and measures to achieve these targets which must be SMART (Specific, Measurable, Achievable, Realistic and Timebound); (d) details of an exit strategy of how the Travel Plan will be continued once the TPC has left the site (eg a community travel plan forum/group established); (e) details of the welcome/marketing pack to be given to buyers/occupiers of the Dwellings, including any electronic media; (f) an incentive payment of £100 per Dwelling on the Site (up to a maximum of £37,000.00) and measures to allocate the balance of the £37,000.00 in the event that all Dwellings not take up the incentive payment. Employment and Training To use reasonable endeavours to ensure that ten per cent (10%) of the Jobs on the Development are made available to residents of the Target Area; to use reasonable endeavours to ensure that ten per cent (10%) of the total net value of the services and materials used in the Development are provided by Businesses within the Target Area; The Owner shall take reasonable steps to procure that any contractor and/or sub-contractor nominate an individual to liaise with the Principal Project Officer Employment. The Owner shall liaise with the Principal Project Officer Employment in order to produce the Method Statement to be submitted to the Council prior to the Commencement Date. The Method Statement shall demonstrate the reasonable steps to be taken for each Job vacancy and opportunity for services and materials to be advertised and available to individuals and Businesses within the Target Area and shall include details regarding the provision of monitoring information to be provided to the Principal Project Officer Employment. CONDITIONS: 1. The development hereby approved shall be in accordance with the following approved plan(s); Plan Reference Number Date on Plan 305-BEL-GL SD.00.01B Feb 2013 305-BEL-GL SD.10.02E Feb 2013 305-BEL-GL SD.10.10B June 2012 JN0621-Dwg 0005D July 2012 JN0621-Dwg 0020C June 2012 JN0621-Dwg 0021C June 2012 2. Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the latest. 4. Prior to commencement of development a Phasing Programme shall be submitted to and approved in writing by the Local Planning Authority which shall identify the phasing of infrastructure, landscaping, public open space, accesses and residential areas of the development hereby approved. Thereafter the development shall be undertaken in accordance with the Phasing Programme. 5. Approval of details of the appearance, layout and scale of the buildings and landscaping of the site shall be in accordance with the details to be submitted to and approved by the Local Planning Authority before the development commences. 6. The development shall be implemented in general conformity with the approved Design and Access Statement and Illustrative Masterplan submitted with the planning application. 7. Within each phase, details of all external finishing materials including roads and footpaths and all hard landscaped areas shall be agreed with the Local Planning Authority before that phase of the development is commenced. Thereafter the development shall be implemented in accordance with the approved detail. 8. Within each phase, all means of enclosure, public art and street furniture associated with the development shall be submitted to and approved in writing by the Local Planning Authority before that phase of the development commences. Such means of enclosure, retention and street furniture as agreed shall be erected before the development hereby approved is occupied. 9. The total amount of residential units as authorised by this permission shall not following the issue of the permission hereby granted exceed 370 dwellings (C3 Use Class). 10. Within each phase development shall not be commenced until details of the lighting columns, light colour and luminance have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. 11. Within each phase, no development shall take place until the Local Planning Authority has approved a report provided by the applicant identifying how the predicted CO2 emissions of the development will be reduced by at least 10% through the use of on-site renewable energy equipment or design efficiencies. The carbon savings which result from this will be above and beyond what is required to comply with Part L Building Regulations. Before the development is occupied the renewable energy equipment or design efficiency measures shall have been installed and the local planning authority shall be satisfied that their day-to-day operation will provide energy for the development for so long as the development remains in existence. 12. Within each phase, no Development shall be commenced until the Local Planning Authority has approved in writing the details of arrangements for the setting out of the Public Open Space and play facilities by the developer in accordance with the Open Space, Sport and Recreation Supplementary Planning Document as part of the development, and such arrangements shall address and contain the following matters:- A) The delineation and siting of the proposed public open space B) The type and nature of the facilities to be provided within the public open space including the provision of play equipment for all age groups including young children and teenagers which shall be supplied and installed to a specification as agreed by the local planning authority. C) The arrangements the developer shall make to ensure that the Public Open Space is laid out and completed during the course of the development D) The arrangements the developer shall make for the future maintenance of the Public Open Space E) The open space shall be completed in accordance with the approved scheme and phasing arrangements as agreed by the local planning authority. 13. Within each phase, no development shall occur until the design and layout of the road, footpaths and cycleways has been agreed with the Local Planning Authority. Thereafter the roads, footpaths and cycleways shall be implemented as agreed unless otherwise agreed with the Local Planning Authority 14. Within each phase, a detailed scheme for landscaping and tree and/or shrub planting and grass including planting and construction techniques for pits in hard surfacing and root barriers shall be submitted to and approved in writing by the Local Planning Authority before the commencement of that phase of the development. Such a scheme shall specify stock types, stock sizes and species, planting densities; inter relationship of planting, layout contouring, drainage and surfacing of all open space areas. The works shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of five years from the date of planting die, are removed, become seriously damaged or diseased shall be replaced in the next planting season with others of a similar prior attained size and species unless the Local Planning Authority gives written consent to any variation. 15. Within each phase no development shall take place until a hard and soft landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the commencement of that phase of the development, Landscape maintenance shall be detailed for the initial 5-year establishment period followed by a long-term management plan for a period of 20 years. The landscape management plan shall be carried out as approved. 16. For each phase, no development shall take place until details of the means for the storage and disposal of refuse have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved scheme. 17. Prior to the commencement of each phase of development, details of the existing and proposed levels of the site including the finished floor levels of the buildings to be erected and any earth retention measures (including calculations where such features support the adopted highway) shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 18. No construction / building works or deliveries shall be carried out except between the hours of 8.00 am and 6.00 pm on Mondays to Fridays and between 9.00 am and 1.00 pm on Saturdays. There shall be no construction activity including demolition on Sundays or on Bank Holidays, unless otherwise agreed in writing by the Local Planning Authority. 19. No development shall commence until a scheme for the protection of trees (Section 7, BS 5837:2005) has been submitted to and approved in writing by the Local Planning Authority. The requirements of Stockton-on-Tees Borough Council in relation to the British Standard are summarised in the technical note ref INFLS 1 (Tree Protection). Any such scheme agreed in writing by the Local Planning Authority shall be implemented prior to any equipment, machinery or materials being brought to site for use in the development and be maintained until all the equipment, machinery or surplus materials connected with the development have been removed from the site. 20. Any part of the development which is to be used for residential purposes shall achieve a minimum of Code Level 4 or any other equivalent Building Regulation rating at the time of the submission of the application for reserved matters and shall be agreed in writing with the Local Planning Authority before development commences and implemented in accordance with the approved details. 21. All ecological mitigation measures within the Environmental Statement Ecology, E3 Ecology Ltd, August 2012 (relevant to the redline area shown on plan ref: 305-BEL-GL SD.00.01B, Feb 2013) shall be implemented in full in accordance with the advice and recommendations contained within the document. 22. A) No demolition / development shall take place / commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1. The programme and methodology of site investigation and recording 2. The programme for post investigation assessment 3. Provision to be made for analysis of the site investigation and recording 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation 5. Provision to be made for archive deposition of the analysis and records of the site investigation 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A). C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. 23. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by JBA - final report August 2012 and the following mitigation measures (relevant to the redline area shown on plan ref: 305-BEL-GL SD.00.01B, Feb 2013) detailed within the FRA: Limiting the surface water run-off generated by the site to a maximum of 56 l/s so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. 24. No development permitted by this planning permission shall be commenced until details of a scheme for the provision of surface water management has been submitted to and approved in writing by the Local Planning Authority. The details shall include: Details of the drainage during the construction phase; Details of the final drainage scheme, including sustainable drainage measures proposed; Provision for exceedance pathways and overland flow routes; A timetable of construction; A construction quality control procedure; A plan for the future maintenance and management of the system and overland flow routes. 25. Notwithstanding details hereby approved, there shall be no part of the dwellings constructed within Flood Zone 3 as defined in the FRA dated 15 August 2012. 26. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved. 27. A Construction Management Plan shall be submitted and agreed, prior to the commencement of development on each phase, with the Local Planning Authority to agree the routing of all HGVs movements associated with the construction phases, effectively control dust emissions from the site remediation works, this shall address earth moving activities, control and treatment of stock piles, parking for use during construction and measures to protect any existing footpaths and verges, vehicle movements, wheel cleansing, sheeting of vehicles, offsite dust/odour monitoring and communication with local residents. 28. No development shall commence within any phase until a site waste management plan for that phase has been submitted to and approved in writing by the Local Planning Authority. The site waste management plan shall be prepared in accordance with Non-statutory guidance for site waste management plans April 2008 [DEFRA]. Thereafter, the site waste management plan shall be updated and implemented in accordance with the approved scheme unless otherwise agreed in writing with the Local Planning Authority. 29. Before any property is occupied, any living rooms or bedrooms with windows affected by traffic noise levels of 68 dB(A) L10 (18 hour) or more (or predicted to be affected by such levels in the next 15 years) shall be insulated in accordance with a scheme approved by the Local Planning Authority for the protection of this proposed accommodation from road traffic noise. 30. Before any property is occupied, any living rooms or bedrooms with windows affected by railway noise levels in excess of 65 dB(A) (LAeq) (measured at a point 1 metre from the facade of any dwelling) between 07.00 and 22.00 hours or 60 dB(A) (LAeq) between 22.00 and 07.00 hours, the developer shall insulate the dwellings in accordance with a scheme approved by the Local Planning Authority for the protection of this proposed accommodation from rail traffic noise. 31. Development shall not commence until a detailed scheme for the disposal of foul water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water. Thereafter the development shall take place in accordance with the approved details. 32. Prior to construction of any development on the site, details of improvements to the A19/A67 Crathorne Interchange (as seen on ref: SAJ Transport Consultants Ltd drawing JN0621-Dwg-0027B) shall be submitted to and approved in writing by the local planning authority, following consultation with the Highways Agency. 33. Prior to occupation of any dwellings on the site, the required improvements to the A19/A67 Crathorne Interchange (as set out in the preceding condition) shall be completed to the satisfaction of the local planning authority, in consultation with the Highways Agency. 34. Stage 4 (monitoring) Road Safety Audits shall be carried out using 12 months and 36 months of accident data from the time the improvements works (as set out in the preceding conditions) become operational. The audits shall be carried out in accordance with DMRB HD19/03 and shall be submitted to and approved in writing by the local planning authority following consultation with the Highways Agency. 35. Development shall not commence until a detailed scheme for the extension of Yarm Station Car Park including the provision of disabled parking bays and cycle parking and the replacement and upgrade of the Electric Vehicle Charging Point (4 no. total charging points) plus an additional rapid charger has been submitted to and approved in writing by the Local planning Authority. Thereafter the development shall take place in accordance with the approved details. 36. Car parking for each phase shall be in accordance with Supplementary Planning Document 3: Parking Provision for New Developments. INFORMATIVES The Proposal has been considered against the policies below and the Local Planning Authority's policies for the supply of housing cannot be considered up-to-date as it cannot be demonstrated that there is a five-year supply of deliverable housing sites. It is considered the proposal would not give rise to any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF. It is considered that approval of this application is not so significant to the outcome of the Core Strategy Review of housing options that planning permission should or could be reasonably withheld. The Council has had regard to all relevant environmental information, including that contained within the Environmental Statement consultee and consultation responses. The impacts of the development that the Council has considered in that context include: impact on the landscape, heritage, residential properties and settlements, archaeology, ornithology and ecology, highway safety, noise and disturbance, flooding and the environment in general including the cumulative impacts of the scheme. The Local Planning Authority has implemented the requirements of the National Planning Policy Framework. Core Strategy Policies CS1, CS2, CS3, CS6, CS7, CS8, CS10 and CS11 and Saved Local Plan Policies EN4 and EN13. Car Parking Areas Draining to Ground The development proposal involves the expansion of Yarm Railway Station from 48 to 88 car parking spaces. Drainage to soakaway from car parking areas for >50 spaces should be passed through an oil interceptor before discharging to ground. The Environmental Permitting Regulations make it an offence to cause or knowingly permit any discharge that will result in the input of pollutants to groundwater. Sustainable Drainage Systems Support for the use of SUDS approach to ensuring development does not increase flood risk elsewhere is set out in paragraph 103 of the National Planning Policy Framework. Further information on SUDS can be found in: The CIRIA C697 document SUDS manual HR Wallingford SR 666 Use of SUDS in high density developments CIRIA C635 Designing for exceedance in urban drainage - good practice The Interim Code of Practice for Sustainable Drainage Systems. The Interim Code of Practice provides advice on design, adoption and maintenance issues and a full overview of other technical guidance on SUDS. The Interim Code of Practice is available on our website at: www.environment-agency.gov.uk and CIRIA's website at www.ciria.org.uk Open burning No waste products derived as a result of carrying out the business hereby approved shall be burned on the site except in a properly constructed appliance of a type and design previously approved by the Local Planning Authority. The applicant will be required to enter into a Section 278 agreement with the Highways Agency under Section 278 of the Highways Act 1980. The proposed improvements would require Stage 2, 3 and 4 Road Safety Audits, carried out in accordance with DMRB HD19/03, which should be completed to the satisfaction of the Highways Agency. Drainage All surface and foul water arising from the proposed works must be collected and diverted away from Network Rail property. In the absence of detailed plans all soakaways must be located so as to discharge away from the railway infrastructure. The following points need to be addressed: There should be no increase to average or peak flows of surface water run off leading towards Network Rail assets, including earthworks, bridges and culverts. All surface water run off and sewage effluent should be handled in accordance with Local Council and Water Company regulations. Attenuation should be included as necessary to protect the existing surface water drainage systems from any increase in average or peak loadings due to normal and extreme rainfall events. Attenuation ponds, next to the railway, should be designed by a competent specialist engineer and should include adequate storm capacity and overflow arrangements such that there is no risk of flooding of the adjacent railway line during either normal or exceptional rainfall events. The provision of two balancing ponds is noted to the east of the railway. Provision should be made to ensure the ponds do not interfere with the railway drainage and as such we would request that the following monitoring condition be put in place should the drainage modelling turn out in reality to be incorrect: Fail Safe Use of Crane and Plant All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail's property, must at all times be carried out in a "fail safe" manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports. Security of Mutual Boundary Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail's Asset Protection Project Manager. Fencing Because of the nature of the proposed developments Network Rail consider that there will be an increased risk of trespass onto the railway. The Developer must provide a suitable trespass proof fence adjacent to Network Rail's boundary (minimum approx. 1.8m high) and make provision for its future maintenance and renewal. Network Rail's existing fencing / wall must not be removed or damaged. Method Statements/Fail Safe/Possessions Method statements may require to be submitted to Network Rail's Asset Protection Project Manager at the below address for approval prior to works commencing on site. Where appropriate an asset protection agreement will have to be entered into. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. "possession" which must be booked via Network Rail's Asset Protection Project Manager and are subject to a minimum prior notice period for booking of 20 weeks. Generally if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement should be submitted for NR approval. OPE Once planning permission has been granted and at least six weeks prior to works commencing on site the Asset Protection Project Manager (OPE) MUST be contacted, contact details as below. The OPE will require to see any method statements/drawings relating to any excavation, drainage, demolition, lighting and building work or any works to be carried out on site that may affect the safety, operation, integrity and access to the railway. Vibro-impact Machinery Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement Scaffolding Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed. Two Metre Boundary Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail's adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail's boundary. This will allow construction and future maintenance to be carried out from the applicant's land, thus reducing the probability of provision and costs of railway look-out protection, supervision and other facilities necessary when working from or on railway land. Encroachment The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant's land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal. Noise/Soundproofing The Developer should be aware that any development for residential use adjacent to an operational railway may result in neighbour issues arising. Consequently every endeavour should be made by the developer to provide adequate soundproofing for each dwelling. Please note that in a worst case scenario there could be trains running 24 hours a day and the soundproofing should take this into account. Network Rail Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail's boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions: Acceptable: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash - Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina" Not Acceptable: Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica). A comprehensive list of permitted tree species is available upon request from Network Rail. Lighting Where new lighting is to be erected adjacent to the operational railway the potential for train drivers to be dazzled must be eliminated. In addition the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. Children's Play Areas/Open Spaces/Amenities Children's play areas, open spaces and amenity areas must be protected by a secure fence along the boundary of one of the following kinds, concrete post and panel, iron railings, steel palisade or such other fence approved by the Local Planning Authority acting in consultation with the railway undertaker to a minimum height of 2 metres and the fence should not be able to be climbed. Network Rail is required to recover all reasonable costs associated with facilitating these works. Street Trees The Street Trees shall be planted at a maximum of 10m centres and shall be of a stock size of 20 - 25cm girth, root balled stock type. Trees in grass verges shall be triple staked with wire tree guards. Trees in hard surfaces would require tree grills and guards. Such details would be agreed as part of the Hard Landscape proposals submitted as part of any reserved matters application. Details of the area required for the planting of avenue trees shall be agreed as part of any reserved matters application. The construction details and planting establishment and maintenance specifications for the trees and surfaced pits would be agreed as part of the S38 Agreement for adoption.