Agenda item

Application 3/2021/0397

Minutes:

RESOLVED:

 

That the application be granted subject to the following conditions:

 

Time limit, plans and details

 

1.         The development must be begun not later than the expiration of three years beginning with the date of this permission.

 

REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990

 

2.         Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:

 

Location Plan (BS.18-040(B)/01 Rev.A (amended 22.06.2021)

Existing Site Plan (BS.18-040(B)/02 Rev. B (amended 22.06.2021)

Proposed Site Plan (BS.18-040(B)/03 Rev. A (amended 21.06.2021)

Proposed Floor Plan & Elevations (BS.18-040(B)/04 Rev. B (amended 04.06.2021)

Landscaping Plan (BS.18-040(B)/06 Rev. B (amended 21.06.2021)

 

REASON: For the avoidance of doubt and to clarify which plans are relevant to the

consent.

 

3.         Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (as amended or re-enacted) the building to which the application relates shall only be used for the purposes of retail sales (E(a)) and for no other purpose, including any other purpose within Use Class (E(a)).

 

REASON: For the avoidance of doubt, to clarify the nature of the consent hereby approved and to ensure that the development remains compatible with the character of the area

 

4.         Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (as amended or re-enacted), the Class (E(a)) (retail) use hereby approved shall be for the sale of 'bulky' animal feeds and bedding and no other goods shall be sold from the premises.  For the avoidance of doubt such goods shall consist of animal feed and bedding that is packaged and sold in a manner that weighs no less than 12kg per singular item purchase.

 

REASON: For the avoidance of doubt, to clarify the nature of the consent hereby approved and to ensure that the use hereby approved does not undermine the viability or vitality of nearby/adjacent main shopping areas or retail centres.

 

5.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any subsequent enactment or re-enactment thereto, no enlargements, improvements or other alterations (including the insertion of a mezzanine floor) shall be undertaken to the buildings without express planning permission first being obtained.

 

REASON: To ensure a balance is maintained between floor space and car parking and that the site is capable of accommodating the proposed building.

 

6.         The external facing materials, detailed on the approved plans, shall be used and no others substituted.

 

REASON: To ensure that the materials used are visually appropriate to the locality.

 

Landscaping and trees

 

7.         All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the earlier, 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.

 

REASON: In the interest of the appearance of the locality.

 

8.         Prior to commencement of any site works including delivery of building materials and excavations for foundations or services all trees within Tree Preservation Order No.7/19/3/199 (2016) shall be protected in accordance with the BS5837:2012 [Trees in Relation to Demolition, Design & Construction].

 

The protection zone must cover the entire branch spread of the trees, [the area of the root soil environment from the trunk to the edge of the branch spread] and shall remain in place until all building work has been completed and all excess materials have been removed from site including soil/spoil and rubble.

 

During the building works no excavations or changes in ground levels shall take place and no building materials/spoil/soil/rubble shall be stored or redistributed within the protection/exclusion zone. In addition no impermeable surfacing shall be constructed within the protection zone.

 

REASON: In order to ensure that any trees affected by development and considered to be of visual, historic or botanical value are afforded maximum physical protection from the potential adverse effects of development.

 

Residential Amenity

 

9.         The development hereby permitted shall be designed so that the rating levels for cumulative noise from external plant and equipment shall not exceed the existing background noise level (LA90) at the external façade of any noise sensitive premises, as assessed in accordance with British Standard 4142(2014) or any subsequent replacement national standards.

 

Details of any extract vents, means of extract, air conditioning, ventilation or any other associated externally mounted/ located plant shall have been submitted to and approved in writing by the local planning authority prior to their use within the development.

 

REASON: To ensure that the development hereby permitted is not detrimental to the amenity of the surrounding area by reason of undue noise emission and/or unacceptable disturbance.

 

10.       Notwithstanding the submitted details, the development hereby approved shall only operate (including use of plant/machinery) within the following hours:

 

Monday to Friday - 08:00 to 19:00 hours;

Saturday - 08:00 to 16:00 hours;

Sunday/Bank Holidays - 10:00 to 1600 hours

 

REASON: In the interests of the general amenity of the area and to safeguard, where appropriate, neighbouring residential amenity.

 

11.       Notwithstanding the submitted details, the development hereby approved shall have no deliveries, collections or servicing undertaken outside of the following hours: Monday to Friday - 08:00 to 19:00 hours; Saturday - 08:00 to 13:00 hours; Not on Sunday/Bank Holidays.

 

REASON: In the interests of the general amenity of the area and to safeguard, where appropriate, neighbouring residential amenity.

 

12.       There shall be no movements of HGV's or forklift trucks, used in connection with the use hereby approved, within the open areas of the site other than between 09:00-18:00 Monday to Friday, between 09:00-13:00 Saturday and not at all on Sundays and bank Holidays.

 

Reason:  To protect the residential amenities of the occupiers of neighbouring/nearby properties.

 

13.       Notwithstanding the submitted details, during the period of construction, no construction work, construction traffic or operation of any plant/machinery shall take place on the site during the course of the development hereby approved except between the hours of 08:00 and 18:00 Monday to Friday and 09:00 and 13:00 on Saturday. No construction work, construction traffic or operation of any plant/machinery shall take place on Sundays or Public Holidays.

 

REASON: In order to protect the amenities of existing residents.

 

14.       The permitted use shall not take place other than within those buildings identified for the permitted use on the approved plans.

 

REASON: To ensure a satisfactory appearance of the site in the interests of local visual amenity and in the interests of the amenities of nearby residents.

 

15.       No goods, plant or materials shall be deposited or stored on the site other than in the buildings shown on the approved plans.

 

REASON: To ensure a satisfactory appearance of the site in the interests of local visual amenity and in the interests of the amenities of nearby residents.

 

16.       No external lighting shall be installed on site unless details of such lighting, including the intensity of illumination, have been first submitted to, and approved in writing by, the Local Planning Authority prior to first occupation/use of the site.

 

The external lighting shall be installed precisely in accordance with the approved details and thereby retained as such unless otherwise agreed in writing with the Local Planning Authority.

 

REASON: In order to minimise the possibility of inconvenience to nearby residents.

 

Highways

 

17.       The Construction Method Statement/ Traffic Management Plan that was submitted with the application shall be strictly adhered to throughout the duration of the construction period of the development.

 

REASON: To minimise the impact of construction on existing residents in the vicinity of the site.

 

18.       The parking and associated manoeuvring facilities shown on the plans hereby approved shall be surfaced or paved, drained and marked out and made available in accordance with the approved plan prior to the occupation of any of the buildings; such parking facilities shall thereafter be permanently retained for that purpose (notwithstanding the Town and Country Planning (General Permitted Development) Order 2015).

 

REASON: In the interests of visual amenity and to facilitate adequate vehicle parking and/or turning facilities to serve the site.

 

19.       Before the development hereby permitted is first occupied, provision for cycle parking, in accordance with details first agreed in writing with the Local Planning Authority, shall have been provided in all respects and made available for use, and shall thereafter be retained.

 

REASON: To ensure adequate on site provision for cycle parking.

 

Drainage

 

20.       The drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted Proposed Site Drainage, Rev -, Dated - which was prepared by Partington & Associates Limited. For the avoidance of doubt, surface water must drain at the restricted rate of 5 l/s. No surface water will be permitted to drain directly or indirectly into the public sewer. The development shall be completed in accordance with the approved details.

 

REASON: To ensure a satisfactory form of development and to prevent an undue increase in surface water run-off and to reduce the risk of flooding.

 

21.       Foul and surface water shall be drained on separate systems.

 

REASON: To secure proper drainage and to manage the risk of flooding and pollution.

 

(Cllr D Birtwhistle was given permission to speak on the above application)

 

 

 

Supporting documents: