| Conditions / Reason for Refusal: |
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 (Drawing numbers SWI/08/2206/2207/2319/01)(received 05/09/2023)(Drawing numbers SWI:08/100 Rev A/ Baseline Habitat Plan/ Habitat / Enhancement Plan & Post-Interventions Habitat Plan)(received 10/11/2023)
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with those specified in drawing number SWI/08/2206 unless otherwise agreed in writing with the Local Planning Authority.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
The building shall only be open to members of the public between the hours of 08:00hrs and 22:00hrs Mondays to Sundays.
Reason
In the interests of neighbouring amenity in accordance with Policy SP52 ‘Control of Pollution.’
05
No amplified music shall be played on the premises between the hours of 20:00hrs and 10:00hrs.
Reason
In the interests of neighbouring amenity in accordance with Policy SP52 ‘Control of Pollution.’
06
Unless the installation of fixed plant on site constitutes Permitted Development, then no noise generating plant including mechanical ventilation or refrigeration/air conditioning or 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 (or equivalent details) with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a rating level of 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
In the interests of neighbouring amenity in accordance with Policy SP52 ‘Control of Pollution.’
Highways
07
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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. All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
08
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
09
Prior to the building hereby approved being brought into use, details at a scale of 1:50 or 1:20 of the alterations to the access point to Church Street shall be submitted to and approved in writing. This shall include the widening of the access point to Church Street to 5 metres. The wall and gate pier shall be re-built in reclaimed materials unless otherwise agreed in writing with the Local Planning Authority. The development shall proceed in accordance with the approved details.
Reason
To protect the character and appearance of the Swinton Conservation Area in accordance with Policy SP41 ‘Conservation Areas.’
10
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works. • The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use) Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
11
Landscaping of the site as shown on the approved plan (drawing no. SWI:08 -
2208) shall be carried out during the first available planting season after
commencement of the development and thereafter maintained for the lifetime 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 and in accordance with Policies CS21 Landscape and SP32 Green Infrastructure & Landscape.
12
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) for each site have been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a:
i) Description and evaluation of features to be managed and enhanced; including a) Description of new landscape planting incorporating native plant species
b) Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot o permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
c) To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes.
d) The location and number of bat roosting features should be included within the new residential properties
e) The location and number of bird nest boxes should be integrated into the new residential properties.
ii) Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
iii) Aims and Objectives of management;
iv) Appropriate Management Actions for achieving Aims and Objectives;
v) An annual work programme (to cover an initial 5 year period);
For each of the first 5 years of the Plans, a progress report shall be sent to the Local
Planning Authority reporting on progress of the annual work programme and
confirmation of required Actions for the next 12 month period.
The Plans shall be reviewed and updated every 5 years to ensure their aims and
objectives are being met. The approved Plans will be implemented in accordance with
the approved details.
The approved details thereafter shall be implemented, retained and maintained for
their designed purpose in accordance with the approved scheme.
Reason
To ensure no net loss in biodiversity across the sites.
Positive and Proactive Statement
During the determination of the application, the Local Planning Authority worked with the applicant to consider what additional information is 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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