Stadium - Yes ... BUT

Last updated : 25 July 2007 By Bob Gear
1. The development for which permission is hereby granted must be commenced within five years from the date of this permission.

2. The Stadium shall not be brought into use until the Transport Interchange as proposed in the application to Lewes District Council ref: LW/02/1595, the development proposed in Applications C and D (ref: BH2003/02449 & LW/03/1618) and the other means of access and parking for vehicles and cyclists and pedestrian facilities which form part of this permission have been laid out, constructed and provided, such Interchange, access, parking and other facilities shall be retained as such at all times hereafter.

3. No development shall take place (with the exception of archaeological and other preliminary site investigations) until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include hard surfacing, means of lighting to the car parks and all circulation areas including the concourse, pedestrian and cycle ways, means of enclosure, planting of development, indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. The scheme shall also include a full specification for the construction of car parking at Falmer High School.

4. All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is sooner; 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.

5. All hard landscaping, means of lighting and means of enclosure shall be completed before the development is occupied.

6. The development shall not be commenced until fences for the protection of trees to be retained have been erected to a written specification and in positions to be agreed in writing by the Local Planning Authority. These fences shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the areas enclosed by such fences.

7. The Stadium shall not be brought into use unless and until a scheme for the integrated provision of suitable secure bicycle parking facilities has been submitted to and approved in writing by the Local Planning Authority and the approved scheme has been fully implemented.

8. The Stadium shall not be brought into use unless and until details of any external lighting, pitch floodlighting, security fencing and cctv cameras have been
submitted to and approved in writing by the Local Planning Authority and the said works have been fully implemented in accordance with the approved details.

9. The pitch floodlighting shall not be used other than for an Outdoor Event and shall be turned off after each Outdoor Event no later than 11.00pm.

10. No events involving motor vehicles (including static vehicles) shall take place within the stadium.

11. There shall be no laser and/or firework displays at the stadium.

12. All external lighting, including pitch floodlighting and lighting for the Falmer High School car park, shall be of a nature and design having a zero upward lighting requirement so as to eliminate upward glare.

13. No development shall be commenced (with the exception of archaeological and other preliminary site investigations) until a scheme for the disposal of foul and surface waters has been submitted and approved in writing by the Local Planning Authority and the Stadium shall not be brought into use until all works have been carried out in accordance with the approved scheme.

14. Only clean uncontaminated roof water shall discharge direct to soakaway via a sealed drainage system (capable of preventing accidental/unauthorised discharge of contaminated liquid into the soakaway without passing through either trapped gulleys or interceptors, other than that from existing roads and car parks within the applications site).
Any facilities above ground for the storage of oils, fuels or chemicals shall be sited on an impervious base and surrounded by impervious walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow outlets should be detailed to discharge into the bund. Such facilities shall be constructed and completed in accordance with the plans approved by the Local Planning Authority.

15. No development shall be commenced (with the exception of archaeological and other preliminary site investigations) until a scheme for the disposal of foul and surface waters has been submitted and approved in writing by the Local Planning Authority and the Stadium shall not be brought into use until all works have been carried out in accordance with the approved scheme.

16. No development shall take place until a scheme to deal with any contamination of the site (excluding existing roads and car parks) has been submitted to and approved in writing by the Local Planning Authority and thereafter implemented. Such a scheme shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the public, buildings and the environment when the site is developed.

17. A sample of all materials to be used on the exterior of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before development commences.

18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or amendments or re-enactment thereof) the elevations of the building(s) hereby permitted shall not be painted other than in such colours as shall be agreed in writing by the Local Planning Authority prior to the occupation of the buildings.

19. A minimum of 14 days' notice of the commencement date of the development shall be given in writing to the Local Planning Authority.

20. No development shall take place until the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted and approved in writing by the Local Planning Authority has been secured.

21. Access to the site shall be afforded at all times during the excavation stage to an archaeological organisation/archaeologists nominated by the Local Planning Authority, to allow them to observe the excavations and record archaeological evidence that may be uncovered as a result of the development.

22. No use of the Stadium shall take place for Outdoor Events unless and until park and ride facilities with a total minimum capacity of 1,300 car parking spaces are available for use by persons attending Outdoor Events at the Stadium and such spaces shall be maintained for such use in accordance with the Travel Management Plan.

23. Amplified sound from outdoor concerts within the Stadium shall be controlled in accordance with the guidance provided by the Code of Practice on Environmental Noise Control at Concerts, The Noise Council 1995, such that noise levels do not exceed 75 dB LAeq, 15 min, 1 metre from the façade of any noise sensitive premises, which for the avoidance of doubt shall include all the University of Brighton's academic and residential buildings at the University of Brighton's Falmer Campus, residential dwellings at Falmer Village and the University of Sussex's academic and residential buildings.

24. At least 28 days prior to any outdoor music concert a detailed feasibility study examining the likely propagation of music noise from the proposed event shall be submitted in writing for the approval of the Local Planning Authority. The study shall have reference to the guidance of The Noise Council's Code of Practice On Environmental Noise Control at Concerts (1995) or any subsequent alternative guidance and shall include, though not necessarily be restricted to, information on the timing, programme and duration of the music entertainment and sound checks the proposed maximum music noise levels within the Stadium bowl audience area and at any front of house mixing desks; the likely music noise levels at LAeq, 15 min and Leq, 15 min at the 63 Hz and 125 Hz octave bands, 1 metre from the façade of the nearest noise sensitive property, which for the avoidance of doubt shall include all the University of Brighton's academic and residential buildings at the University of Brighton's Falmer Campus, residential dwellings at
Falmer Village and the University of Sussex's academic and residential buildings; the location, type and directionality of all sound systems associated with the event; the measures and steps that will be in place to manage music noise levels to ensure that the music noise level criterion of 75 dB LAeq, 15 min is unlikely to be exceeded 1 metre from the façade of the nearest noise sensitive property.

25. All Outdoor Events within the Stadium shall only take place between 9.00am and 11.00pm Monday to Saturday, and between 9.00am and 10.30pm on Sundays and Bank Holidays.

26. The total number of Outdoor Events within the Stadium shall not exceed in any period of 12 months 50 of which not more than two shall be music concerts.
Any proposed events in addition to these shall be subject to the prior written approval of the Local Planning Authority.

27. All events within indoor bars and indoor function areas shall only take place between 8am and midnight Monday to Saturday and 8am and 11pm on Sundays, unless otherwise agreed in writing by the Local Planning Authority.

28. No use of the Stadium for Outdoor Events shall take place unless and until a scheme for the design specification and operation of the Public Address (PA) system (both internally and externally) has been submitted to and approved in writing by the Local Planning Authority and the said scheme shall thereafter be implemented in accordance with the approved scheme.
The Rating Level, measured or calculated at 1m from the façade of the nearest noise sensitive property, which for the avoidance of doubt shall include all the University of Brighton's academic and residential buildings at the University of Brighton's Falmer Campus, residential dwellings at Falmer Village and the University of Sussex's academic and residential buildings, shall not exceed the existing LA90 background noise level. The Rating Level, including a +5 dB character correction of the PA noise and existing background noise levels shall be determined as per the guidance provided in BS 4142:1997. The PA system shall not be used (other than for testing and commissioning purposes) until the Local Planning Authority has approved the PA system and its operational noise levels in writing. This condition shall not preclude the use of a PA system at such level as may be required for ensuring crowd safety during an emergency incident either inside or immediately outside the stadium.

29. No development shall commence until there has been submitted to and approved by the Local Planning Authority a scheme of noise attenuation measures which will control the break out of noise from the entertainment, banqueting and conferencing facilities and other such enclosed areas within the stadium such that its rating level, measured or calculated at 1m from the façade of the nearest noise sensitive property, shall not exceed the existing LA90 background noise level. The scheme shall thereafter be implemented in accordance with the approved details.

30. No car park to the west of the Stadium shall be used for events finishing after 11.00pm.

31. The use of the PA system shall be limited to between 9.00am and 11.00pm Monday to Saturday and 9.00am and 10.30pm Sundays and Bank Holidays, and the use of the external PA system (outside the stadium) shall be restricted to public safety announcements and shall not be used for general crowd entertainment.

32. Noise associated with plant and machinery used at the development shall be controlled such that the Rating Level, measured or calculated at 1m from the façade of the nearest existing noise sensitive premises, shall not exceed 5 dB(A) below the existing LA90 background noise level. Rating Level and existing background noise levels shall be determined as per the guidance provided in BS4142:1997.

33. Refuse collection and deliveries shall only take place between specified hours, details of which shall be first submitted to and approved in writing by the Local Planning Authority except at those parts of the application site forming part of the campus of the University of Sussex and Falmer School.

34. The Stadium shall not be brought into use unless and until:
a. The Link Road between Stanmer Park Road and the University of Sussex as shown on Plan No. HED/307.VWN.PP.002.REV B has been constructed in accordance with the said plan and brought into use;
b. The Link Road shall thereafter be available at all times to provide vehicular access and egress to the University of Sussex;
c. The existing access to the University of Sussex from the A27 to Falmer House Road shall thereafter be closed to all vehicular traffic except emergency vehicles, in the manner detailed at (iv).
d. Vehicular access to the development and the University of Brighton from the westbound A27 on slip shall be restricted to emergency vehicles by a locked gate or demountable bollards.
e. Prior to the commencement of works on the link road detailed plans/drawings showing the proposed construction details of the proposed link road, closure of Falmer House Road and all associated works including surfacing materials shall be submitted and approved in writing by the Local Planning Authority and the Highways Agency.

35. The Stadium shall not be brought into use unless and until the new traffic signal controlled junction (including A27/A270 eastbound flyover) at the access to Falmer High School and Stanmer Park has been laid out, constructed and provided to the satisfaction of the Local Planning Authority and the Highways Agency.

36. No development shall take place until plans have been submitted to and approved by the Local Planning Authority showing the detailed layout of the taxi/drop off facility adjacent to Falmer High School and the Stadium shall not be brought into use until the taxi/drop off facility has been laid out in accordance with such approved plans, constructed and brought into use.

37. The Stadium shall not be brought into use unless and until the new footbridge across the railway line at Falmer Station, the detailed design (including materials) of which shall have been submitted to and approved in writing by the Local Planning Authority has been laid out, constructed and brought into use.

38. The Stadium shall not be brought into use unless and until the new pedestrian footway/cycleway from Falmer High School (from the new junction on the A270) to the Stadium, the detailed design (including materials) of which shall have been submitted to and approved in writing by the Local Planning Authority, has been laid out, constructed and brought into use.

39. The Stadium shall not be brought into use unless and until details of arrangements for car parking for a minimum of 2,000 and a maximum of 2,200 cars at Sussex University and Falmer High School or at alternative locations within 1.5km of the Stadium have been submitted to and approved by the Local Planning Authority and the said car parking provided. No Outdoor Event for which these parking spaces are required in accordance with the Travel Management Plan shall take place unless such parking spaces are available for use by persons attending the said Outdoor Event.
The total number of car parking spaces to be provided for Outdoor Event traffic shall not exceed 2,350 within 1.5km of the Stadium.

40. All buildings and trees scheduled for removal or surgery shall be surveyed for bats by a suitably licensed bat ecologist immediately prior to commencement of works and in case of occupancy being identified, removal works suspended and English Nature contacted and its advice followed. Ivy clad trees in any event shall be left for two days before clearing to allow any bats to leave.

41. At least ten weeks prior to commencement of works, a dust control plan, including details of control of particulate levels, shall be submitted to the Local Planning Authority for its written approval. No works shall commence until the control plan has been approved, and the works shall be carried out in accordance with the control plan.

42. No development shall be commenced (with the exception of archaeological or other preliminary site investigations) until the details of CO2 Reduction Measures have been submitted to and approved in writing by the Local Planning Authority. The said CO2 Reduction Measures shall thereafter be implemented as part of the construction process.

43. No event shall take place at the Community Stadium with an attendance in excess of 22,500 people.

44. No part of the Stadium building shall be occupied unless and until a Green Travel Plan relating to the occupiers of the accommodation within the Stadium has been submitted to and approved in writing by the Local Planning Authority. All occupiers of accommodation in the Stadium building shall be required to comply with the requirements of the approved Green Travel Plan.

45. No development shall be commenced (with the exception of archaeological or other preliminary site investigations) until a Travel Management Group has been established in accordance with the terms of reference submitted to and approved in writing by the Local Planning Authority for the purpose of consultation with interested parties as to arrangements for travel management associated with the use of the Stadium and the preparation of the Travel Management Plan as required by Condition 39. The parties to be invited to become members of the Travel Management Group shall include:
The Contractors (during the Construction Period)
The Company
Brighton and Hove City Council
The University of Brighton
The University of Sussex
Sussex Police
British Transport Police
East Sussex Fire Service
East Sussex Ambulance Service
East Sussex Highway Authority
The Highways Agency
Brighton and Hove Bus and Coach Company
Govia South Central
Lewes District Council
Falmer Parish Council
Or any successor body to the said groups, organisations or Councils.

46. The Stadium shall not be brought into use unless and until a Travel Management Plan prepared in consultation with the Travel Management Group has been submitted to and approved in writing by the Local Planning Authority.
The Travel Management Plan shall include details of:
1. Match ticket sales points;
2. Provision of Transport Voucher or equivalent and journeys/modes to be covered by the same;
3. Capacity location management and operational arrangements of Park and Ride sites and the Bus and Coach Park;
4. Provision of Signage directing vehicles, pedestrians and cyclists to Stadium and Parking;
5. Public Transport arrangements to be provided including (but not limited to) addition public transport capacity on Event Days;
6. A Parking Management Strategy for the Controlled Parking Zone as defined in Condition 48 below;
7. Methodology for assessment of additional traffic impacts;
8. Publicity arrangements in respect of parking restrictions in the vicinity of the Stadium including (but not limited to) restrictions on parking on the Falmer Campus of the University of Brighton in Falmer Village and in Stanmer Park and the use of non-car travel modes (to include away supporters);
9. Pedestrian routing to and from the Stadium;
10. Management of Pedestrian Routes;
11. An Information Strategy for publicity of travel details and advice of spectator behaviour;
12. Mechanism for monitoring and review of the Travel Management Plan;
No event with an anticipated attendance of 500 or more shall take place at the Stadium other than in accordance with the Travel Management Plan or such separate Travel Management Plan as shall have been submitted to and approved in writing by the Local Planning Authority specific to that Event.

47. The Stadium shall not be brought into use unless and until a Stewarding Plan (which for the avoidance of doubt shall not apply to the area of the Stadium or adjoining concourse) shall be submitted to and approved in writing by the Local Planning Authority.
The Stewarding Plan shall include details of:
1. Stewarding arrangements for the Match Day Parking Zone before, during and after Outdoor Events;
2. Stewarding arrangements for the Bus and Coach Park before, during and after Outdoor Events;
3. Stewarding arrangements for pedestrian and cycle access routes in the vicinity of the Stadium;
4. Stewarding arrangements for the Park and Ride sites before, during and after Outdoor Events;
5. Stewarding arrangements for train station and routes to Falmer station before, during and after Outdoor Events;
6. The provision of situation response stewards to respond as necessary to local problems arising as a result of Outdoor Events held at the Stadium;
7. Stewarding arrangements for preserving Campus security and amenity and free flows of traffic (to include pedestrian, vehicular and cyclists) to and from the Campus before, during and after Outdoor Events (subject to such arrangement as may be agreed for the checking of passes or other authorisation);
8. Stewarding arrangements for the supervision of bus queues outside the Bus and Coach Park in the vicinity of the site before, during and after Outdoor Events;
9. Post-event litter collection;
10. A mechanism for stewards, the University and local people to advise of breaches of the Stewarding Plan, or parking restrictions or of disorderly behaviour;
11. Equipment to supplied to Stewards;
12. Arrangements for placement of temporary signs;
No event with an anticipated attendance of 500 or more shall take place at the Stadium other than in accordance with the Stewarding Plan or such separate Stewarding Plan as shall have been submitted to and approved in writing by the Local Planning Authority specific to that Event.

48. No use of the Stadium for Outdoor Events shall take place unless and until Outdoor Event day Controlled Parking Zone is brought into operation for the duration of each Outdoor Event and for three hours either side of the start and finish times of each Outdoor Event. The area covered by the Controlled Parking
Zone is identified in inquiry documents BHA 251/253 and 252 at Plans 3 and 2 respectively, but for the avoidance of doubt shall include the village of Falmer. The Controlled Parking Zone will in every case operate to prevent visitors to the Outdoor Event from parking their vehicles within the area controlled by the Controlled Parking Zone.

49. Within 6 months of the first opening of the stadium Artistic Component, details (including the location) of which shall have first been submitted to and approved by the Local Planning Authority, shall be installed in the location so approved.

50. The Stadium shall not be brought into use until accommodation is made available within the Stadium building for the following:
(i). A study support centre to be operated jointly with the Learning and Skills Council or with any such other agency or agencies as may be agreed in writing with the Local Planning Authority of not less than 81 square metres;
(ii). A Crèche Day Nursery of not less than 68 square metres which facility shall include a proportion of spaces to be agreed in writing with the Local Planning Authority to be made available on a non profit basis and this facility when not required commercially shall be made available to local residents or other groups using other facilities in the Stadium during evenings and at weekends at times to be agreed in writing by the Local Planning Authority;
(iii). A facility for sports science and sports medicine treatment and research to be occupied by the University of Brighton of not less than 549 square metres provided that if such facility is not required by the University it shall be offered on a commercial basis to such other organisation as may have the requisite skills and experience to be agreed in writing by the Local Planning Authority;
(iv). A Skills Training Centre which may be operated in conjunction with such commercial or educational agencies as may wish to participate to provide such range of courses as may be agreed in writing with the Local Planning Authority of not less than 1224 square metres;
(v). Such internal space as may be reasonably required and subject to the prior needs of the Company's football and other commercial activities to be provided on a not for profit basis for the agreed periods of use by local residents and other groups to be agreed in writing by the Local Planning Authority
Definition of Stadium
The Community Stadium building as described in the application and shown on the approved plans
Definition of Outdoor Event
Any event including a football match with a duration not exceeding 24 hours taking place at the Stadium (other than entirely within wholly enclosed rooms or spaces of the Stadium) with an anticipated attendance of more than 500 people provided that two separate events taking place on one day shall count as two Outdoor Events.
Definition of Company
Brighton and Hove Albion Football Club Ltd, or any successor organisation.