| Conditions / Reason for Refusal: |
Conditions
The Development Management Procedure Order 2015 requires that planning
authorities provide written reasons in the decision notice for imposing planning
conditions that require particular matters to be approved before development can start. Condition 16 of this permission require matters to be approved before development works begin; however, in this instance the condition is justified because:
The works required under condition 16 are fundamental to the acceptability of the development and it would be inappropriate to allow the development to proceed until the works required under condition 16 have been implemented.
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
(Amended Layout Plan 10.00 Rev I) (Received 02 September 2022)
(Proposed Landscape Plan 10.05 Rev D) (Received 02 September 2022)
(Streetscene Context Plan 10.04 Rev A) (Received 16 May 2022)
(Floor Plan 10.01 Rev D) (Received 16 May 2022)
(Elevations 10.03 Rev A) (Received 16 May 2022)
(Roof Plan 10.02 Rev A) (Received 16 May 2022)
Reason
To define the permission and for the avoidance of doubt
03
The building hereby approved shall be used as a retail store, Use Class E(a), only and for no other purpose (including any other purpose in class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987(as amended)).
Reason
The premises are not considered suitable for general use within the Class quoted
for policy reasons and in accordance with the NPPF
04
The net sales floor area of the store hereby approved shall not exceed 280sqm.
Reason
For the avoidance of doubt and in accordance with the information submitted in support of the application to comply with Local Plan policies and the NPPF
05
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Local Plan policy.
06
Before the development is brought into use, that part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
07
Before the development is brought into use the car parking areas shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
08
Before the development is first brought into use details of the electric charging points to be installed shall be submitted to and approved by the Local Planning Authority. The details shall also include how additional charging points will be provided on site at a future date. The approved details shall be brought into use prior to the store being brought into use.
Reason
In order to promote sustainable transport choices, and in accordance with Local Plan policies.
09
The store hereby permitted shall only be open to customers between the hours of 06:00 – 23:00.
Reason
In the interest of residential amenity of the occupiers of nearby properties in accordance with Local Plan policies and the NPPF.
10
The use hereby permitted shall only be open for deliveries and dispatches by Heavy Goods Vehicle’s (HGV’s) between the hours of 07:00 to 21:00hrs Monday to Sunday, and all other deliveries shall only take place between the hours of 06:00 to 21:00hrs Monday to Sunday.
Reason
In the interest of residential amenity of the occupiers of nearby properties in accordance with Local Plan policies and the NPPF.
11
A waste management and recycling plan setting out how waste will be stored and collected during the construction and lifetime of the store shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall thereafter be implemented in accordance with the approved waste management plan for the lifetime of the development.
Reason
To ensure appropriate waste management facilities are provided to accommodate all waste generated by the proposed store in line with the Barnsley, Doncaster and Rotherham Joint Waste Management Plan.
12
No noise generating plant including mechanical ventilation or refrigeration/air conditioning, extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014 +A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property during the quietest measured period.
Reason
To safeguard the amenities of the occupiers of nearby properties
13
The additional security measures to protect the Public House as set out in the submitted Statement on the Future Viability of the Squirrel Public House, shall be retained until the building is brought back into use.
Reason
In order to protect the Important Community Facility.
14
No above ground development shall take place until details of the foul and surface water and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. The approved works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.
15
Landscaping of the site as shown on the approved plan (Proposed Landscape Plan 10.05 Rev D.) shall be carried out during the first available planting season after commencement of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
16
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with the submitted Ecourban Tree Survey (221452 - AIA 3). The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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