That the application be approved with the following conditions:
REASON: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
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:
Site Location Plan: Dwg no 21/55/6
Site Layout: Dwg no 21/55/5B
Proposed Building Plan: Dwg no 21/55/3
REASON: For the avoidance of doubt and to clarify which plans are relevant to the consent.
3. The external facing materials, detailed on the approved plans, shall be used and no others substituted.
REASON: To ensure that the materials to be used are appropriate to the locality.
4 Prior to the commencement of the development the following shall be submitted to and approved in writing by the Local Planning Authority:
i. A drainage scheme and layout to show how surface water will be sustainably managed
ii. Use of sustainable drainage systems to manage surface water from the additional impermeable surfaces resulting from the proposals
The drainage scheme must include:
(i) Evidence that the National Planning Practice Guidance (NPPG) hierarchy has been followed and the proposed scheme in accordance with the hierarchy- the following drainage hierarchy should be investigated by the developer when considering a surface water sustainable drainage system and that surface water runoff should be discharged as high up the following hierarchy of drainage options as reasonably practical:
1. into the ground (infiltration); or
2. to a surface water body; or
3. to a surface water sewer, highway drain, or another drainage system; or
4. to a combined sewer
(ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and
(iii)A timetable for its implementation.
The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. The development hereby permitted shall be carried out only in accordance with the approved drainage scheme and timetable for implementation.
REASON: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.
5. Foul and surface water shall be drained on separate systems.
REASON: To secure proper drainage and to manage the risk of flooding and pollution.
6. Before the access is used for vehicular purposes that part of the access extending from the highway boundary for a minimum distance of 10m into the site shall be appropriately paved using a permeable form of bitumen macadam, concrete, block paviours, or other approved materials.
REASON: To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users.
7. Before the access is used for vehicular purposes, any gateposts erected at the sites point of access with Preston Road shall be positioned behind the nearside edge of an established field boundary hedge line with associated gates opening away from the highway.
REASON: To permit vehicles to pull clear of the carriageway when entering the site and to assist visibility.
8. The proposed access from the site to Preston Road shall be constructed to a (minimum) width of 7 metres and this width shall be maintained for a minimum distance of 10 metres measured back from the nearside edge of Preston Road carriageway vehicle running lanes.
REASON: To enable vehicles to enter and leave the premises without conflict, unhindered & in a safe manner without causing a hazard to other road users.
9. No part of the development hereby approved shall commence until a scheme for the construction of the off-site works of highway improvement (namely an improved metaled and kerbed vehicular drop crossing) has been submitted to, and approved by, the Local Planning Authority. The off-site works shall be implemented in accordance with the approved plans prior to the use of any part of the development hereby approved.
REASON: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work
commences on site.
10 The parking facilities shown on the plans hereby approved shall be surfaced and made available in accordance with the approved plans prior to the use of the building; 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 interest of highway safety and to ensure adequate parking is available within the site.
11. The siting, details of the construction and design of external refuse recycling/bin stores shall be submitted to and approved in writing by the Local Planning Authority prior to their construction. The duly approved facilities shall be made available for use before the development hereby approved is first occupied and retained thereafter.
REASON: To ensure the provision of satisfactory facilities for the storage of refuse and recycling and in the interest of visual amenity.
12. The landscaping proposals hereby approved (Drawing: Site Layout amended plan received 29.07.21) shall be implemented in the first planting season following occupation or use of the development, whether in whole or part and shall be maintained thereafter for a period of not less than 10 years to the satisfaction of the Local Planning Authority.
This maintenance shall include the replacement of any tree or shrub which is removed, or dies, or is seriously damaged, or becomes seriously diseased, by a species of similar size to those originally planted.
All trees/hedgerow shown as being retained within the approved details shall be retained as such in perpetuity.
REASON: To ensure the proposal is satisfactorily landscaped and trees/hedgerow of landscape/visual amenity value are retained as part of the development.
13. Each holiday unit hereby approved shall not be let to or occupied by the owner, any one person or group of persons for a combined total period exceeding 28 days in any one calendar year and in any event shall not be used as a unit of permanent accommodation or any individual(s) sole place of residence.
The owner shall maintain a register of all guests of each unit of accommodation hereby approved at all times and shall be made available for inspection by the Local Planning Authority on request. For the avoidance of doubt the register shall contain:
· the name and address of the owner's permanent residence (where they pay Council tax and/ or are registered to vote and keep the majority of their possessions);
· the name and address (permanent residence) of main guest who made the booking together with dates of occupation.
For the avoidance of doubt permanent residence is where the owner/ guest pay Council tax and/or are registered to vote and keep the majority of their possessions.
REASON: The permission relates to the provision of holiday accommodation. The condition is necessary to define the scope of the permission hereby approved and to ensure that the development promotes sustainable tourism and contributes to the area's economy.
14. No development shall take place, until a construction management plan and transport routing plan has been submitted to and approved in writing by the Local Planning Authority.
The approved statement/plan shall be adhered to throughout the construction period. It shall provide for:
· The parking of vehicles of site operatives and visitors
· The loading and unloading of plant and materials
· The storage of plant and materials used in constructing the development
· The erection and maintenance of security hoarding
· Wheel washing facilities
· Measures to control the emission of dust and dirt during construction
· A scheme for recycling/disposing of waste resulting from demolition and construction works
· Details of working hours
· How deliveries during construction will be managed
· Routing of delivery vehicles to/from site and manoeuvring within the site to ensure vehicles are able to enter/leave in forward gear.
REASON: to minimise the impact of construction on existing residents in the vicinity of the site.
15. No external lighting shall be installed on site unless details of such lighting, including the intensity of illumination and predicted lighting contours, have been first submitted to, and approved in writing by, the Local Planning Authority prior to first occupation/use of the site. Any external lighting that is installed shall accord with the details so approved.
REASON: In the interests of the amenity of the area.
16. In accordance with the recommendations detailed within the Protected Species Report prepared by Tyrer Ecological Consultants LTD dated June 2021 details of the proposed ecological mitigation to include 2 bat boxes and 2 breeding bird boxes on trees within the boundary of the site shall be submitted to and approved in writing by the Local Planning Authority before the hereby approved building and lodges are first occupied. The agreed mitigation shall be installed prior to the building and lodges hereby approved being first brought in to use and retained in perpetuity thereafter.
REASON: In the interests of biodiversity and to ensure that there are no adverse impacts on protected species.
17. Notwithstanding the provisions The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015, or any equivalent Order following the revocation and re-enactment thereof (with or without modification), the accommodation building hereby approved shall only be used for snail breeding and distribution and associated education building and for no other purpose.
REASON: For the avoidance of doubt, and to avoid an over-intensive use and to ensure that the development remains compatible with the character of the area and the intensity and frequency of usage remains proportionate to the use hereby approved.
18. No waste/ snails from the heliciculture development hereby approved shall be disposed of within the application site or the wider area.
REASON: To avoid snails impacting on the biodiversity of the area and/ or creating a nuisance
19. 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. Alternative levels and monitoring locations may be used subject to the prior agreement of the Local Planning Authority.
REASON: In the interests of the amenity of the area.
20. Prior to first use of the holiday accommodation hereby approved, precise details of the proposed means of management and operation of the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the site shall be operated in strict accordance with the approved details. This shall include details of the following:
1) The means by which entry to the site would be restricted only to persons who had previously booked to be at the site.
2) The times of day when persons with bookings can first enter and finally depart the site.
3) Details of the person or persons who would be responsible for assisting legitimate occupiers of the site with any queries/problems; and would also be responsible for ensuring that the behaviour of persons at the site is reasonable and not detrimental to the amenities of nearby residents.
4) Details of the times of the day (if at all) that there would be a representative of the site operators present at the site.
5) The addresses of the person or persons responsible for the operation of the site.
REASON: To ensure the operation of the site for the authorised use in the interests of the amenities of nearby residents.
21. Prior to installation full details of the means of foul water drainage/disposal shall have been submitted to and approved in writing by the Local Planning Authority. No part of the development hereby permitted shall be occupied until the works for foul water drainage/disposal have been completed in accordance with the approved details.
Reason: To ensure a satisfactory means of drainage
Land Drainage Consent
Under the Land Drainage Act 1991 (as amended by the Flood & Water Management Act 2010), you need consent from the Lead Local Flood Authority (LLFA) to:
build a culvert or structure (such as a weir) or
carry out either permanent or temporary works within the banks of any ordinary watercourse which may alter or impede the flow of water, regardless of whether the watercourse is culverted or not.
If works are proposed as part of this planning application that are likely to affect flows in an ordinary watercourse, then the applicant is likely to need the consent of the LLFA.
NOTE: The Lead Local Flood Authority will generally refuse consent applications which seek to culvert an existing ordinary watercourse. This is in line with Environment Agency guidance on protecting watercourses.
You must obtain Land Drainage Consent from the LLFA before undertaking any works on site; failure to do so may result in enforcement action.
For the avoidance of doubt, once planning permission has been obtained it does not mean that ordinary watercourse consent is guaranteed to be granted.
(T Burns spoke in favour of the above application. M Handscomb spoke against the above application)
Councillor A Brown returned to the meeting and took the chair.
Councillor L Edge declared an interest in the next item of business and left the meeting.