| 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
Location Plan 274 (08) 010 Rev P1
Site Plan 274 (08)110 Rev P1
Ground Floor Plans 274_110 Rev C10
First Floor Plan 274_1101 Rev C5
Elevations 1 of 2 274_2000 Rev C4
Elevations 2 0f 2 274_2001 Rev C4
Reason
To define the permission and for the avoidance of doubt.
03
Notwithstanding the submitted information no development of the structures listed
below shall take place until there has been submitted to and approved by the Local
Planning Authority a plan indicating the design and materials, which shall include
brick and timber, for the following, and a timetable for their implementation
Bin Store
Loading Bay
Service Yard
The approved details shall be implemented in accordance with the approved
Timetable
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in
accordance with relevant Local Plan policies.
04
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in
the submitted application form/shown on the approved drawings. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in
accordance with relevant Local Plan policies.
05
Notwithstanding the provisions of The Town and Country Planning (General
Permitted Development) Order 2015 (or any Order revoking or re-enacting that
Order with or without modification) no gates, fences or walls etc, (other than those
approved under this permission) permitted under Part 2, Classes A, of The Town
and Country Planning (General Permitted Development) Order 2015 shall be carried
out without the prior written approval of the Local Planning Authority.
Reason
So that additional gates, fences and wall cannot be erected in the interest of the
visual amenity of the locality.
06
The development shall be carried out in accordance with the details shown on the
submitted plan, " 'S104 - Site Plan' OLR BED 00 00 DR C 3321 (revision C06) dated 24/04/24 that has been prepared by BE Design", unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage
07
The combined noise from all fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise
from all such equipment does not exceed the maximum cumulative free-field plant
noise rating levels at nearby dwellings as specified in Table 4.1 of the submitted
Noise Impact Assessment (as replicated below) undertaken by Sharps Redmore
(Ref No: R1-15.06.23 Waverley Olive Lane 2321660-SM).
The cumulative rating sound level of the plant unit(s) should account for any
reasonable character corrections, i.e., tonality, intermittency, impulsivity, and other
sound characteristics.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
Local Plan Policy SP52 and part 15 of the NPPF.
08
No commercial premises shall be occupied for the purpose of operating as a
business involving the cooking of hot food, unless an Odour Impact Assessment
including the following information has been submitted to and approved in full by the
Local Planning Authority: The report shall:
Determine the potential of adverse impact on neighbouring premises from
the odours associated with cooking;
Detail the necessary odour mitigation measures that are required to ensure
the occupiers of the nearby sensitive premises are not adversely affected by
odours associated with cooking; and
Provide details of an odour abatement system to include; positioning and
design of extraction equipment; manufacturers details of the equipment
proposed including odour abatement techniques; odour dispersion modelling
as necessary to predict impact at sensitive receptors; detailed plans of the
odour abatement system including filtration systems, external location of flues
and ventilation termination points.
Carry out all works as identified in the Odour Impact Assessment as agreed
with the Local Planning Authority in order to protect nearby sensitive
receptors.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF
09
HGV deliveries shall only take place between the hours of 07:00hrs and 23:00hrs
Mondays to Saturdays, and between the hours of 08:00hrs and 18:00hrs Sundays.
OGV deliveries shall only take place between the hours of 06:00hrs and 23:00hrs
Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
Local Plan Policy SP52 and part 15 of the NPPF.
10
All commercial premises (excluding car parks) shall only be open to customers between the hours of 07:00hrs and 23:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
Local Plan Policy SP52 and part 15 of the NPPF.
11
Installation of the gas protection measures are to be verified in accordance with the
approved Gas Protection Strategy and Verification Plan, dated June 2024 revision 3. All verification reports shall be submitted and approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and paragraph numbers 183 and 184 of the National Planning Policy Framework.
12
If during development works unexpected significant contamination is encountered,
the Local Planning Authority shall be notified in writing immediately. Any
requirements for remedial works shall be submitted to and approved in writing by the
Local Planning Authority. Works thereafter shall be carried out in accordance with
an approved Method Statement.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and paragraph numbers 183 and 184 of the National Planning Policy Framework.
13
Due to elevated sulphate concentrations being detected, buried concrete for the site
should be designed to a design sulphate classification of DS-2 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used
will be evidenced within a Verification Report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and paragraph numbers 183 and 184 of the National Planning Policy Framework.
14
Suitable water supply pipes have been specified for the site which are considered
capable of resisting chemical attack from residual contaminants remaining within the
made ground. The use of these approved water supply pipes will need evidencing
within a Verification Report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and paragraph numbers 183 and 184 of the National Planning Policy Framework.
15
Following completion of any remedial/ground preparation works a Verification
Report shall be submitted to and approved by the Local Planning Authority. The
Verification report shall include details of the remediation works and quality
assurance certificates to show that the works have been carried out in full
accordance with the approved methodology. The site shall not be brought into use
until such time as all verification data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and paragraph numbers 183 and 184 of the National Planning Policy Framework.
16
Unit G3 hereby approved shall only be used as a Dental Practice within Use Class E(e) (Medical or Health Services).
Reason
In accordance with the supporting information and to comply with Local Plan
Policies.
17
All signage and canopies to be erected at the site shall be in accordance with the approved Signage Guide and Canopy Guide.
Reason
In the interest of visual amenity
Informatives
01
This development is not subject to the statutory Biodiversity Gain Plan condition
because of the declaration on the application form that the development was exempt
(because the impact on habitat is de-minimis)
02
An odour impact assessment must be carried out by competent person/s and in line
with current best practice and guidance. Applicants are referred to guidance
provided by IAQM: Guidance on the Assessment of Odour for Planning (version 1.1
July. 2018) and guidance provided by DEFRA: Guidance on the Control of Odour
and Noise from Commercial Kitchen Exhaust Systems (2005). (This guidance was
officially withdrawn in 2017 but remains a useful reference point) and the EMAQ
update (2018) on the same guidance document.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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