Agenda item

Proposal:	Section 73: Variation of Condition 9 -Treatment Plant and removal of Condition 12 - Minimise the effects of dust, of planning permission reference 17/00883/FULD (To erect 2 no. detached 4-bed houses and one pair of semi-detached 3-bed houses).
Location:	Midgham Cottage, Station Road, Woolhampton, Berkshire, RG7 5SE
Applicant:	Mr Michael Bundy (Woolhampton Design Centre Ltd)
Recommendation:	To DELEGATE to the Head of Development & Planning to GRANT PLANNING PERMISSION.

 

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 18/00628/FULD in respect of a Section 73 application for the variation of Condition 9 – Treatment Plan and removal of Condition 12 – Minimise the effects of dust, of planning permission reference 17/00883/FULD (to erect 2 no. detached 4-bed houses and one pair of semi-detached 3-bed houses).

In accordance with the Council’s Constitution, Mr Nicholas Bundy, applicant, addressed the Committee on this application.

Mr Bundy in addressing the Committee raised the following points:

·                    He sought to address the point of concern for the Parish Council in relation to the management of foul sewage. An original condition of approval for application 17/00883/FULD was to submit a package treatment plant to service the development which he felt satisfied all concerned parties. However, consultation responses on this from the Environment Agency, Thames Water, Building Regulations and Network Rail did not support the package treatment plant.

·                    Mr Bundy explained that contamination would not be an issue and surface water would not be discharged into the foul system. The proposed new condition would instead implement a self-contained Sustainable Drainage System (SuDS) to deal with surface water run-off.

·                    No objections had been raised in the consultation responses to this application for the revised condition from the Environment Agency, Thames Water, Building Regulations and Network Rail, subject to certain conditions and stipulations.

·                    Network Rail did not object on the understanding that no soakaway would be constructed within 20 metres of their assets. This included a sub-station.

·                    The revised Condition 9 offered the most practical solution to the management of foul water drainage and was in line with the views of Thames Water.

Councillor Alan Macro queried the removal of the voided floors. Mr Bundy confirmed these had been removed as the voids were relatively shallow. However, the report stated that this was acceptable as long as the finished floor levels were set as per the layout drawing and the floor bund was in place. He added that practical measures would be put in place to avoid surface water flooding.

A representative of Woolhampton Parish Council wished to address the Committee to explain their objection, but he was not permitted to do so as no request to speak had been received from the Parish. However, the Parish Council’s objection was noted within the report.

Councillor Graham Bridgman continued with the topic of the voided floors and noted that condition eight (Sustainable Drainage Measures) contained a reference (point (i)) to the inclusion of elevated floors with voids. He questioned this considering the point made by Mr Bundy that these had been removed. Stuart Clark stated that this specific point was no longer relevant and the reference should be removed from the condition.

Councillor Bridgman noted a point made by the Drainage Officer which strongly suggested that the applicant should be required to inform future purchasers of each property that it was imperative that ponds/swales should be retained and maintained throughout the lifetime of the properties as part of flood protection measures and they should not be filled in or altered. Councillor Bridgman asked if this requirement could be made firmer. In response, David Pearson stated that it was not possible to construct a suitable planning condition that would meet the tests of reasonableness and enforceability. Such a requirement could only be added as an informative.

Stuart Clark added that SuDS included garden ponds and if owners were not aware of this they could fill in ponds and inadvertently create a flood risk. Therefore, SuDS featured on the Council’s register of flood prevention assets.

Councillor Alan Law felt it would be reasonable to expect the applicant to include this drainage requirement in the deeds for each of the properties. He queried if this could feature as an informative. Mr Pearson directed Members to condition 8m which asked for detail on how SuDS measures would be maintained and managed after completion. These details were to be provided as part of a handover pack for subsequent purchasers and Mr Pearson felt that this pack could be expanded upon to include detail on the retention and maintenance of ponds etc as a flood protection measure. Mr Pearson added that if this was not adhered to, then enforcement action would follow.

Councillor Alan Macro queried whether the SuDS condition could include the requirement for future owners of the properties to retain and maintain the ponds/swales in perpetuity. Mr Pearson restated the point that it would be difficult to construct a specific condition placing a requirement on future owners to share the necessary information. However, he did feel this could be managed to some extent via the handover pack.

Councillor Graham Pask felt that the deeds for each property could also reflect the ongoing requirements as already indicated by Councillor Law. Councillor Law reiterated that this should be included as an informative to reinforce the importance of this point.

Mr Pearson then added that the sustainable drainage condition concluded by stating that the SuDS measures needed to be implemented as per requirements before the dwellings could be occupied.

Councillor Macro referred to the consultation response from Network Rail. While the report stated that they had no objection, they did highlight concerns over the potential for dust affecting the railway signal sighting. He asked for further clarify on this point and whether the concern had been resolved. Mr Pearson explained that no further detail was available on this matter.

Councillor Law highlighted that this item had been called-in to Committee by the Ward Member as a result of the concerns raised by the Parish Council. He felt these concerns were made clear in the report, however the responses received from the Drainage Team, the Environment Agency, Thames Water and Network Rail all supported the view that drainage issues could be mitigated as rain water would not enter the foul drainage system.

Councillor Law proposed acceptance of Officers’ recommendation to grant planning permission subject to the conditions outlined in the report, including an amended condition 8 as discussed, and the additional informative on the requirement for the deeds of the properties. The proposal was seconded by Councillor Emma Webster.

Councillor Bridgman pointed out that the mitigation measures had already been or were at least in the process of being implemented, thereby working to resolve the concerns of the Parish Council.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission subject to the following conditions and informatives:

Conditions

1.    Section 73 time limit

 

The development hereby permitted shall be begun before the 7^th June 2020, that being three years from the date of the planning permission granted in respect of application 17/00883/FULD.

 

Reason: To comply with Section 73 and 91 of the Town & Country Planning Act 1990 (as amended by Section 51 of the Planning & Compulsory Purchase Act 2004); to enable the Local Planning Authority to review the desirability of the development should it not be started within a reasonable time.

 

2.    Standard approved plans

 

The dwellings hereby approved shall be constructed in accordance with the application form, the design and access statement and the approved drawings:

 

a)    Proposed site layout plan drawing No 13/031/05 REVISION C received on 17 March 2017.

b)    Plot 1 floor plans drawing No 13/031/11 received on 17 March 2017.

c)    Plot 1 elevations drawing No 13/031/10 received on 17 March 2017.

d)    Plot 2 floor layout plan drawing No 13/031/12 REVISION A received on 17 March 2017.

e)    Plot 2 elevations drawing No 13/031/09 received on 17 March 2017.

f)     Plots 3 and 4 floor layout plan drawing No 13/031/10 received on 17 March 2017.

g)    Plot 3 and 4 elevations drawing No 13/031/08 received on 17 March 2017.

h)   Proposed building cross sections drawing No 13/031/13 received on 17 March 2017.

i)     Access visibility plan drawing No 13/031/10 received on 17 March 2017.

j)      Network Rail proposed right of way plan drawing No 13/031/15 received on 12 May 2017.

 

Reason: for the avoidance of doubt and in the interests of proper planning.

 

 

3.    Schedule of materials

 

Development of the approved dwellings shall not commence until full details of the external materials to be used, including a schedule and samples of materials, have been submitted and approved under a formal discharge of conditions application. The development shall take place using only the approved materials thereafter.

 

Reason: In the interests of visual amenity in accordance with Policies CS14 and CS19 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

 

4.    Construction Method Statement

 

No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  The statement shall provide for:

 

a)    The parking of vehicles of site operatives and visitors

b)    Loading and unloading of plant and materials

c)    Storage of plant and materials used in constructing the development

d)    The erection and maintenance of security hoarding including decorative displays and facilities for public viewing

e)    Wheel washing facilities

f)     Measures to control the emission of dust and dirt during construction

g)    A scheme for recycling/disposing of waste resulting from demolition and construction works

 

Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy P1 of the HSADPD.

 

5.    Vehicle parking and turning space

 

No dwelling shall be occupied until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the approved plan(s).  The parking and turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

 

Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy P1 of the HSADPD.

 

6.    Cycle storage

 

No dwelling shall be occupied until the cycle storage has been provided in accordance with the approved drawings and this area shall thereafter be kept available for the storage of cycles at all times.

 

Reason: To ensure the development reduces reliance on private motor vehicles and assists with the parking, storage and security of cycles.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) , Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy P1 of the HSADPD.

 

7.    Detailed scheme of landscaping

 

No development or other operations shall commence on site until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. The details shall include schedules of plants noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure;

 

a)    Completion of the approved landscape scheme within the first planting season following completion of development.

b)    Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

 

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

 

8.    Sustainable drainage measures

 

No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. 

 

These details shall:

 

a)    Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and West Berkshire Council local standards;

b)    Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels;

c)    Include details of how the existing flood plain will be sustained or mitigated (any measures for loss of flood plain shall not increase flood risk elsewhere);

d)    Include a drainage strategy for surface water run-off from the site since no discharge of surface water from the site will be accepted into the public system by the Lead Local Flood Authority;

e)    Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site to an existing watercourse at no greater than Greenfield run-off rates;

f)     Include attenuation measures to retain rainfall run-off within the site, off site discharge will not be permitted;

g)    Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

h)   Include run-off calculations, discharge rates, infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +40% for climate change;

i)     Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil or groundwater;

j)      Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines.

k)    Ensure any permeable areas are constructed on a permeable sub-base material such as Type 3 or reduced fines Type 1 material as appropriate;

l)     Include details of how the SuDS measures will be maintained and managed after completion.  These details shall be provided as part of a handover pack for subsequent purchasers and owners of the property/premises;

m)  Include a Flood Risk Assessment (FRA) for developments located in areas at risk of flooding ( Flood Zone 2 and 3) or developments larger than 1 hectare;

n)   Include a Contamination Risk Assessment for the soil and water environment (assessing the risk of contamination to groundwater, develop any control requirements and a remediation strategy);

o)    Apply for an Ordinary Watercourse Consent in case of surface water discharge into a watercourse (i.e stream, ditch etc)

 

aa) Site Level control shall be tied in to the same level datum as the WBC topographic survey used to produce the WBC Flood Study Report in order to ensure that critical site levels (for FFLs for example) are not compromised by use of different datums;

bb) The development shall include the construction of a flood bund in accordance with West Berkshire Council's specification

 

The above sustainable drainage measures shall be implemented in accordance with the approved details before the dwellings hereby permitted are occupied. The sustainable drainage measures shall be maintained and managed in accordance with the approved details thereafter.

 

Reason: To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), and Part 4 of Supplementary Planning Document Quality Design (June 2006).  A pre-condition is necessary because insufficient detailed information accompanies the application; sustainable drainage measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

9.    Foul water drainage

 

The site’s foul water drainage shall be constructed in accordance with the foul sewage to existing sewer drawing No 2017/010C received on 28 February 2018. The foul water flows shall be connected to the public sewage system by gravity only and the foul water shall not be pumped into the public sewage system. No surface water run-off flows shall be discharged into the public sewage system. The dwellings hereby approved shall not be occupied until the approved foul water drainage details have been installed on the site in accordance with the approved details. Thereafter the foul water drainage details shall be retained and maintained in accordance with the approved details.

 

Reason: In order to ensure that the site is provided with sufficient sewage flow system to deal with sewage produced on site in order to address local concerns regarding historic surface water infiltration into the sewage system in accordance with the NPPF (2012), Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012 and Policy OVS5 of the West Berkshire District Local Plan (1991-2006) Saved Policies 2007.

 

10.Noise assessment

 

No development of the approved dwellings shall commence until a noise assessment conducted under the World Health Organisation Guidelines for Community Noise and the relevant guidance on sound insulation and noise reduction for buildings has been submitted and approved under a formal discharge of conditions application. Such an assessment shall include detailed recommendations for the mitigation of noise disturbance on the site. The development shall not be occupied until those recommendations have been implemented in full. Thereafter the approved noise mitigation measures shall remain permanently in place.

 

Reason: In the interests of the amenity of future occupants of the site in accordance with the NPPF, Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012 and Policy OVS5 of the West Berkshire District Local Plan (1991-2006) Saved Policies 2007.

 

11.Scheme of remediation

 

Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until the requirements of sections 1 to 4 of this condition have been complied with under a formal discharge of conditions application. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section 4 has been complied with in relation to that contamination under a formal discharge of conditions application.

 

(1)   Site Characterisation

 

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i)            a survey of the extent, scale and nature of contamination;

(ii)          an assessment of the potential risks to:

-human health,

-property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

-adjoining land,

-groundwaters and surface waters,

- ecological systems,

-archaeological sites and ancient monuments;

(iii)         an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

 

(2)  Submission of Remediation Scheme

 

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

(3)  Implementation of Approved Remediation Scheme

 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be produced and approved in writing of the Local Planning Authority.

 

(4)  Reporting of Unexpected Contamination

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of section 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, which is subject to the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section 3.

 

If required:

 

(5)  Long Term Monitoring and Maintenance

 

A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of years (to be agreed with the Local Planning Authority), and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

 

Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.  This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with the National Planning Policy Framework (2012) and Policy OVS5 of the West Berkshire District Local Plan (1991-2006) Saved Policies 2007.

 

12.Spoil removal

 

No works to develop the approved four dwellings shall be carried out until details of how spoil arising from the development is to be disposed of has been submitted and approved under a formal discharge of conditions application. The development shall be undertaken in accordance with the approved details.

 

Reason: In the interests of visual amenity and residential amenity in accordance with Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

 

13.PD Removal - windows

 

Irrespective of the provisions of the Town and Country (General Permitted Development) Order 2015 or any subsequent version thereof no additional windows shall be constructed at first floor level or in the roof of the northern elevation of the approved dwelling identified as Plot 4 on the approved drawings. Plot 4 shall not be occupied until the windows approved at first floor level in the northern elevation of Plot 4 have been obscure glazed and fixed shut unless the parts that can be opened are more than 1.7 metres above the finished floor level of the room that they serve. The windows shall remain obscured and fixed shut in accordance with the requirements of this condition at all times thereafter.

 

Reason: In the interests of neighbouring amenity in accordance with the National Planning Policy Framework (2012) and Policy CS14 of the West Berkshire Local Plan (2006-2026) 2012.

 

14.Boundary Treatment details

 

Irrespective of the details given in the submitted drawings no development of the approved dwellings shall commence until full details of all boundary treatments of the site have been submitted and approved under a formal discharge of conditions application. The dwellings shall not be occupied until the boundary treatments have been constructed in accordance with the approved scheme.

 

Reason: In the interests of visual amenity in accordance with Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

 

15.PD Removal – extensions

 

Irrespective of the provisions of the Town and Country (General Permitted Development) Order 2015 or any subsequent version thereof no extensions or outbuildings shall be constructed to serve the dwellings hereby approved without planning permission first having been granted on a planning application made for that purpose.

 

Reason: In order to prevent the overdevelopment of the site and to ensure that the dwellings are provided with sufficient amenity space and to ensure that the risk of flooding is satisfactorily addressed on the site in accordance with Policies CS14 and CS16 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

 

16.Hard surface materials

 

Irrespective of the details given in the submitted drawings no development of the approved dwellings shall commence until full details of all materials to be used in the hard surfacing of the site have been submitted and approved under a formal discharge of conditions application. The dwellings shall not be occupied until the hard surfaces have been constructed in accordance with the approved scheme.

 

Reason: In the interests of visual amenity and to ensure that flood risk is addressed satisfactorily on the site in accordance with Policies CS14 and CS16 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

 

17.Hours of work

 

The hours of work on site for all persons employed in the development of the dwellings hereby approved shall be limited to:

 

7.30 am to 6.00 p.m. on Mondays to Fridays 8.30 am to 1.00 p.m. on Saturdays and NO work shall be carried out on Sundays or Bank Holidays.

 

Reason: In the interests of the amenities of neighbouring occupiers in accordance with the National Planning Policy Framework (2012) and Policy CS14 of the West Berkshire Local Plan Core Strategy (2006-2026) 2012.

 

 

Informatives:

 

1.    This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has secured and accepted what is considered to be a development which improves the economic, social and environmental conditions of the area.

 

2.    The development hereby approved results in a requirement to make payments to the Council as part of the Community Infrastructure Levy (CIL) procedure.  A Liability Notice setting out further details, and including the amount of CIL payable will be sent out separately from this Decision Notice.  You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the authority prior to the commencement of the development.  Failure to submit the Commencement Notice will result in the loss of any exemptions claimed, and the loss of any right to pay by instalments, and additional costs to you in the form of surcharges.  For further details see the website at www.westberks.gov.uk/cil

 

3.    The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

 

4.    The attention of the applicant is drawn to the Highways Act 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

 

5.    Any incidental works affecting the adjoining highway shall be approved by, and a licence obtained from, the Highways (Planning) Manager, West Berkshire Council, Highways and Transport, Council Offices, Market Street, Newbury, RG14 5LD, tel. no. 01635 519169, before any development is commenced.

 

6.    The applicant is advised that this planning permission does not in any way allow the Public Right of Way to be obstructed at any time during the course of the development.

 

7.    Nothing connected with either the development or its construction must adversely affect or encroach upon the Public Right of Way (PROW), which must remain available for public use at all times.  Information on the width of the PROW can be obtained from the PROW Officer.

 

8.    The attention of the applicant is drawn to the Highways Act 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

 

9.    Before the canopy or structure is erected a licence must be obtained under Sections 177/178 of the Highways Act, 1980, with respect to any part of it which overhangs the highway.  A licence may be obtained from the Highways (Planning) Manager, West Berkshire Council, Highways and Transport, Council Offices, Market Street, Newbury, RG14 5LD, tel. no. 01635 519169.

 

10. The applicant is advised that the Rights of Way Officer must be informed prior to the laying of any services beneath the Public Right of Way.

 

11. Where the ground levels adjacent to the path are to be raised above the existing ground levels, a suitable drainage system must be installed adjacent to the Public Right of Way, to a specification to be agreed with the Local Planning Authority prior to development commencing.