| Conditions / Reason for Refusal: |
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. Conditions numbered 05 & 10 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 05 & 10 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
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 site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below)
(Amended site and location Plan 20.022-01B) (Received 16/01/25)
(Amended Proposed Elevations & Floor Plans 24.036-02A) (Received 16/01/25)
(Highway Visibility Splay) (Received 09/12/24)
Reason
To define the permission and for the avoidance of doubt.
03
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
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity
04
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 that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity
05
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 details to be submitted to and approved by the Local Planning Authority. 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
In order to protect adjoining trees.
06
The development shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied.
Reason
In the interest of neighbouring amenity.
07
Prior to the occupation of the dwelling, details of one vehicle charging point shall be submitted to and approved by the local planning authority. The dwelling shall not be occupied until the charging point has been provided and shall
thereafter be retained.
Reason
In the interests of sustainable development and air quality
08
Prior to above ground works a scheme for biodiversity enhancement, such as
incorporation of permanent bat roosting feature(s) and or nesting opportunities for
birds, shall be submitted to and agreed in writing with the Local Planning Authority.
The approved details thereafter shall be implemented, retained and maintained for
their designed purpose in accordance with the approved scheme. The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be
undertaken.
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the
features or measures to be installed or undertaken.
iv. When the features or measures will be installed and made available.
Reason
To provide biodiversity enhancement on site in accordance with the NPPF.
09
Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) 2015 (or any Order revoking or re-enacting that Order with or without modification) no enlargement of the dwellinghouse, permitted under Part 1, Classes A, AA, B, C, D and E shall be carried out without the prior written approval of the Local Planning Authority, nor shall any additional windows be installed to the first floor or obscure glazed windows removed.
Reason
So that further alterations and extensions can be controlled by the Local Planning Authority in order to protect neighbouring amenity, the Green Belt and the stability of the adjoining Reservoir.
10
No development shall take place until full details of any proposed earthworks, the construction of foundations and any new retaining structures on site have first been submitted to and approved in writing by the Local Planning Authority. These drawings should demonstrate no earthworks, buried services such as pipework, no hardstanding or retaining walls within him of the downstream toe of the dam or the culverted spillway. Details shall include cross sections showing the relationship of such works to Harthill Reservoir, including the spillway channel. The development shall thereafter be carried out in accordance with the approved details
Reason:
In the interests of minimising the risk of creating land instability in accordance with the advice and guidance contained in the National Planning Policy Framework. This information is required prior to the commencement of development, to demonstrate that the development will not result in an increased risk of land instability or impact on the structural integrity of the reservoir and associated infrastructure.
11
Before the development is brought into use the sight lines indicated on the approved Highway Visibility Plan shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained.
Reason
In the interest of highway safety.
Informative
Wildlife Legislation
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
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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